Recently, a client retained me to handle a NJ Special Civil Part lawsuit which was filed against her by Midland Funding LLC. The suit was for an old Chase credit card which was charged off by Chase in early 2011. The lawsuit demanded approx. $7000, which was the amount owed on the Chase account when the account was sold to assignee Midland Funding LLC. My client has attempted to handle this case herself by filing...
Total victory vs. Portfolio Recovery Associates- 4 year Statute of Limitations on Dell Financial Services account !
A client called me about 2 months ago after being sued for $3100 in the Special Civil Part of Bergen County, NJ by a purchaser of delinquent debts called Portfolio Recovery Associates. Her original debt was with Dell Financial Services. It was a Dell “credit card” which could be used to purchase Dell computer systems and products. My client had not made a payment on the account since September 2010, and the lawsuit was filed...
Shorter Delaware Statute of Limitations applied to NJ client’s Chase Bank debt lawsuit- my client saves $27,000
In May 2014, a client contacted me who has been sued for nearly $27,000 in the Law Division of Somerset County, NJ Superior Court by a collections law firm on an old Chase Bank N.A. credit card debt. The old debt (or as I call it, “zombie debt”) had been assigned to New Century Financial, a NJ based buyer of charged-off debts. My client had made the last payment on the debt in May 2010,...
Federal Court rules Pressler complaint violated FDCPA
Hot off the presses, below is a passage from the June 30, 2014 opinion of the Hon. Kevin McNulty, United States District Court for the District of New Jersey. The case, captioned Daniel Bock Jr vs. Pressler & Pressler, Civ. No. 11-7593 (KM)(MCA), involved a defendant who was sued by Pressler for an old credit card debt. The defendant turned around and sued Pressler for violations of the Fair Debt Collections Act. The debtor alleged that...
Total victory against Cavalry SPV
I’d like to briefly discuss the “moral” implications of not paying your old debts. Often times, debt collectors use psychology to bully or persuade debtors to “settle up” because they spent & owe the money, and try to lay guilt on the debtor for being a “deadbeat,” etc. These collectors conveniently forget to tell you that their firms paid as little as a tenth of a cent on the dollar for your old, delinquent account. How...
NJ State Police Expungement Unit: hurry up and wait !
The NJ State Police Expungement Unit, located in at PO Box 7068 in West Trenton, NJ are REALLY slowing to a crawl lately with their processing of NJ expungements. First of all, they are asking the Courts for more time prior to the judge signing the Final Petition for Expungement. You see, the NJ State Police have the statutory right to object to your grant of Expungement, as does the county prosecutor. Before your expungement’s...
Who is Midland Funding LLC ?
You may have had a credit card several years ago that, at some point, stopped sending you bills and/or monthly statements. Perhaps one day, after months of consecutive non-payment, you received a statement showing a balance of 0 dollars and a paragraph stating that the credit card (Discover, Capital One, etc) had “charged off” your account. You likely forgot all about the card, and figured they credit card company had finally “given up” since you...
Total victory in Capital One lawsuit in Hudson Special Civil Part
A client had retained me in late 2013 to defend her against three (3) lawsuits filed against her in Hudson County, NJ Special Civil Part by a collections firm in Eatontown NJ. Yesterday, 2 of the 3 cases against her were dismissed. The firm represents Capital One directly in its credit card collections cases (apparently, Capital One is reluctant to “charge off” bad credit cards and sell the delinquent debt “down the line” to a...
A New NJ Appellate Case vs. Pressler & Pressler
Hot off the presses, the New Jersey Appellate Division has at long last addressed the issue of what is required for a 3rd party debt buyer (“commonly called an “assignee”) to prove ownership of a debt in a Motion for Summary Judgment. This case is GREAT news for defendants who are facing summary judgment motions filed by Pressler or other debt collection firms in the NJ Special Civil Part. The new case is especially good...
FAQ about how to Vacate a NJ Default Judgment in Special Civil Part
I get many calls each week from folks looking to Vacate a New Jersey Default Judgment. Often these calls come in shortly after one is served with an Information Subpeona from the original judgment creditor, or from a “new” creditor who has purchased the old judgment. Below is a helpful Frequently Asked Questions (FAQ) post which answers some of the most common questions I receive about Vacating NJ Default Judgments: Q: How long do I...