I was phoned yesterday by a client who had a judgment from 2012 for an old American Express card balance of almost $16,000. American Express differs from most credit card companies because they do not sell their delinquent accounts to debt buyers like Cavalry SPV LLC or Midland Funding or Portfolio Recovery Associates, etc. Rather, Am-Ex has its own in-house legal department who file the lawsuits. Once they obtain a judgment, the cases are often...
NJ Debt Collection Lawsuits: Common Myths vs. Reality
I sometimes visit some of the websites & message boards which are geared to assisting defendants with their cases pro-se (i.e, without an attorney’s representation). Sadly, I generally see a great deal of misinformation, falsehoods, and just downright terrible advice being tossed around on these sites by non-lawyers (or even worse, by licensed attorneys who lack New Jersey debt defense experience). I have had clients come to me who have unfortunately attempted to handle their...
Sued on an old Dell Financial Services computer account? Let me help you.
I’ve blogged previously about the Dell Financial Services computer account cases. Usually the actual plaintiff in these cases is not Dell Financial Services, but rather a “junk debt” buyer such as Midland Funding LLC, Portfolio Recovery Associates, Absolute Resolutions, Cavarly SPV I, LLC etc. which purchased (via an assignment of account) your old Dell account for pennies on the dollar. Lately in early 2016, I’ve seen a large new batch of these Dell cases being filed, so...
NJ Possession of Marijuana and Drug Paraphernalia charges DISMISSED!
Another successful marijuana possession defense case this week. I beat so many of these marijuana cases it’s hard to find time to write about them all, but here goes: A client was charged with NJSA 2C:5-10(a)(4) [possession of under 50 grams of marijuana] and the companion charge of NJSA 2C:36-1 (Possession of Drug Paraphernalia). These charges were out of the Princeton, NJ municipal court. He was stopped for an expired inspection sticker and the cops smelled...
Another successful NJ DWI defense
I recently represented a client who (like many) experienced a New Jersey DWI charge as his first ever brush with the law. Sadly, his DWI offense was compounded by the fact that he was also involved in a car accident. Fortunately, there were no personal injuries and only property damage. However, the Flemington NJ police charged him with DWI, Careless Driving, Leaving the Scene of an Accident, and Failure to Report an Accident. It is...
NJ Police Lab Technician may have faked marijuana test results in 7800 drug cases
NJ.com reports this week that a NJ State Police lab technician named Kamalkant Shah may have faked or failed to test marijuana and other CDS (Controlled Dangerous Substances) such as heroin and cocaine in as many as 7800 recent cases. This is big news, because many of these cases may now be able to be re-opened and the charges possibly dismissed (and any fines paid refunded), as well as having criminal records wiped clean. Sadly, the...
NJ man sentenced to 8 years on marijuana growing charge
A South Jersey man who opted to represent himself in court was recently sentenced to 8 years in state prison for growing/cultivating only 17 marijuana plants. This is an instructive story for “what not to do” when charged with a marijuana offense in NJ. I handle many marijuana cases each year in my law practice, and I am surprised that many clients believe NJ has “decriminalized” marijuana or that “weed isn’t a big deal, right?”...
NJ DWI: Truth in Advertising
If you’re facing a DWI charge in NJ and found my website, you’re likely scared, nervous, apprehensive, and upset. Being charged with a DWI in NJ is a completely miserable experience: ordered out of your car, marched up and down the roadside, handcuffed, taken to the police station, Breathalyzed, and eventually released with a handful of serious tickets and a stern lecture from a police officer. Sadly, that was just the beginning of what can...
Things to do BEFORE you consult a debt defense attorney
I generally receive upwards of 3 to 7 calls a day from new clients who wish to discuss their debt/collections case with me via a free consultation. Here are some helpful tips and pointers to make the most of your free consultation: 1. Try to call me as soon as possible after you are served with a Summons & Complaint. The earlier I am involved in your case, the more likely it is that you’ll achieve...
Using Google to evaulate your adversary. Case study: Regional Adjustment Bureau
We live in a world teeming with what used to be “inside” information (which we can use to our advantage) that is often only a few keystrokes away. I was recently contacted by a New Jersey client who was being harassed and hounded by a notorious debt collection company called “Regional Adjustement Bureau,” located in Cordova, TN. If you are in NY or NJ and have been contacted by Regional Adjustment Bureau, read the below...