Legal Question in Credit and Debt Law in New Jersey

re:

I just received a call from an attorney. In 1997 I leased a vehicle. I turned it in 2000 at the end of the lease. Periodically I received a call re: this saying it was repossed and they were seeking money. I advised them this wasn't the case and the vehicle was turned in to a dealer. Each time it was from a different company and I'd explain again. I hadn't heard anything for some time (2 years possibly?) now I get a call from an Attorney saying they are pursuing $7,000 claim. This was in 1990. Is there a time limit on this kind of action? I'm not sure I have the records still and don't know what to do. Naturally they are very threatening and I have ''until Friday to comply''.


Asked on 5/06/08, 11:41 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: re:

In NJ, the statute of limitations for a debt like this is 4 years under the Uniform Commercial Code. As such, as long as you did not do anything to extend it, you have an affirmative defense to any lawsuit which you must raise in response to it. If this attorney meets the definition of a debt collector under the Fair Debt Collection Practices Act (FDCPA), then you may also have your own claims to raise if the attorney is threatening to sue, actually files a lawsuit or threatens to take any action related to a lawsuit. Under the FDCPA, you may be entitled to up to $1,000 in damages, plus any actual damages you may have suffered. In addition, the debt collector attorney will have to pay your attorney's fees and costs. Feel free to call me for more info or visit my website: www.njconsumerfraudlawyers.com

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Answered on 5/06/08, 11:52 am


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