Total victory against GE Bank/Lowes Consumer Credit card lawsuit
Recently, a NJ client called me who was sued by a plaintiff named “Cavalry SPV I, LLC,” who had apparently purchased a book of old charged-off credit card debt accounts from GE Retail Bank/ Lowes Consumer Credit. My client has a vague recollection of once having had a Lowes credit card several years ago, but no longer had any of the paperwork related to it. The plaintiff (Cavalry SPV I. LLC) was suing her for...
Debt Collection Defense: Who’s REALLY suing me, and why?
Many clients who call me for consultations are understandably confused by the caption on the Complaint they’ve just been served with from Pressler & Pressler or other collections firms, since the name of the original creditor rarely appears in the Complaint. Instead, the caption’s plaintiff is usually “Midland Funding LLC” or “New Century Financial,” or “Palisades Collection LLC” or “Cavalry III” or “Jackson Capital,” etc. These above-named “mystery companies” have purchased the bad debt from...
NJ Temporary & Final Restraining Orders
A New Jersey Temporary Restraining Order (commonly called a TRO) provides emergency protection for victims of domestic violence. TROs are granted ex parte, meaning only one party (i.e, the victim’s) testimony/allegations are needed for the TRO to issue. The New Jersey Prevention of Domestic Violence Act provides protection to victims of domestic abuse/violence. For permanent protection from an abuser, a Final Restraining Order (FRO) is required. An FRO provides powerful and permanent protection from the abuser, and subjects...
Vacating a NJ Default Judgment
Have you been sued by a creditor such as Discover Bank, Midland Funding LLC, or a hospital/health care provider? Did you forget to Answer the Complaint, or did you never receive a copy of the Complaint in the first place? A Default Judgment in the NJ Special Civil Part can have serious consequences for your financial future. Here’s how the process works: 1. A creditor (such as a bank, credit card company, hospital, etc) files...
Lowering a NJ Wage Garnishment
A few weeks ago a client who had been sued by Pressler and Pressler contacted me about a wage garnishment case. He had defaulted ages ago on a debt collection suit that was filed against him, and it was beyond the timelines in which I could file a successful Motion to Vacate the Default Judgement in the NJ Special Civil part. (Note, a Motion to Vacate Default is a pleading which asks the Court to...
Pressler and Pressler NJ Collection lawsuit “Do’s and Don’ts”
So you’ve heard a knock at the door from your friendly neighborhood mailman. He asks you to sign for a piece of certified mail. You sign and open the envelope to find the friendly greeting of a Summons, which reads: You are Being Sued! Chances are excellent that the Complaint stapled to the Summons is only one page long. It likely contains five or six short paragraphs (called “counts”) which allege you have a credit...
Estate and Trust Planning Personal Q & A
A Three-Minute Self-Examination Concerning Your NJ Estate Planning “Is it time for me to review my estate planning?” That is a question that many of our clients ponder from time to time. The goal of this advisory is to turn that broad question into a series of more specific questions that may help you identify more effectively some relevant issues that may need attention. Recognizing that good estate planning concerns all of your assets and all of the people you love most may provide the incentive for you to...
NJ Estate and Inheritance Tax Questions and Answers
So what’s the difference between New Jersey Estate Tax and New Jersey Inheritance Tax? Many clients incorrectly assume that the “estate tax” is now reserved only for multi-millionaires such as the Hiltons and Trumps of the world. While that’s true with respect to Federal Estate Tax (which begins at 5.25 million for 2013), not so for New Jersey residents, who are subject to the New Jersey Estate Tax, which begins at estates valued over only...
How long does a typical NJ Expungement take ?
We are often asked by potential clients “how long will it take to receive my expungement?” We understand that in many cases, one’s past criminal record may be hurting the chances of getting a job or causing other delays/problems, and everyone would as soon “have it over with” as quickly as possible. People also often call us as they wish to apply for a NJ gun permit, and need old offenses expunged to prevent any...