Legal Question in Credit and Debt Law in New Jersey

NJ small claims court questions

Someone wrote me a check for a loan and then he stopped payment on

it. Is that enough to take them to small claims court? also do i need a

lawyer to go to small claims court and if I dont have one and the person i am

taking to small claims had one would I be at a disadvantage? also once the

judgement is in my favor what if the person never pays me back? do they have

to send the money to me or to the court for payment and how much time do they

get to pay back? Also what happens if the person skips town before I file the claims? Please reply ASAP thanks so much

Asked on 3/25/02, 7:18 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Collection of judgment

You have hit on the main problems. It will likely be easy for you to go to Small Claims Court and obtain a judgment. Collecting on it afterwards will be the difficult part. The person can hide assets, move, switch jobs...In short, he/she can do lots of things to avoid payment. If the person has a job, you can get a wage execution. There are also other ways to collect. In answer to your other question, most people are at a disadvantage against a lawyer because the lawyer has a better understanding of the law and tactics to defeat the claims of others. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob Gleaner

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Answered on 3/26/02, 7:47 am

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