Legal Question in Credit and Debt Law in New Jersey

Re: Court Levy for Credit Card Debt

First, did you have notice of the underlying complaint? If not, immediately go to the courthouse and file a motion to vacate default. In a couple weeks, that should stop the levy. Second, go to the many internet website about fighting CC debt. The CC co's count on people NOT fighting them. There may be many ways to fight the debt, or reduce the debt. Third, do you dispute the amount owed? You can ask for discovery - ask for a full accounting and proofs of the original debt so you can see what benefit you actually received. The CC companies routinely raise CC rates where they may not be entitled to - in NJ, they can NOT change CC terms by using a mailing insert, which they still routinely try to do. They also often INCORRECTLY calculate the late penalties, interest, etc. If they can not explain how your $1,000 in charges ended up totaling $3,000, then you can argue that they are not entitled to the $3,000, and get the amount reduced. Is it the CC co. or a third party that BOUGHT the CC debt comming after you? If it is NOT the original CC co., chances are they can NOT produce the original records needed to prove the underlying debt. If they refuse to give you discovery, go to court, show the judge your WRITTEN demand for proofs. The collector will say you failed to respond timely to the original claim for payment so you waived your right to demand proofs, but the court rules ENTITLE you to discovery and those proofs, and ask the judge if they can not explain what you charged and how they calculated their claimed balance due, they are not entitled to payment, because they have to PROVE what you owe. If the original debt is over 6 years old, they can NOT sue for payment. If they tricked you into making a payment on a disputed debt, that "renews" the claim for another 6 years - DON'T PAY THEM ANYTHING on a disputed debt, even if you agree you owe something, but not they full amount claimed. When you know your rights, and the games they play, they will try to settle with you for a small amount, and go pick on someone who does not know their rights. It sucks, but it's not personal - big business writes 98% of the rules to favor them. It's just business, they want to screw EVERYONE, not just you. If you defaulted, file a motion to vacate, do you research, demand discovery, ID if it is the CC co. or someone who bought their debt (they will lie about this - some attorney only buy and collect on bad debt, they don't do anything else, they help no one but themselves. WORST CASE SCENARIO - you do not dispute the judgment amount, CALL the company, explain your financial situation, offer to give them your financial info to back up your statements to them, and ask them to accept $100/mo., so you can go upto $200 if you have to. --- Good luck.