It is common for small businesses to face issues with receiving payment, but our collection lawyer may be able to help you get the representation you need. It is a surprisingly simple process to obtain a docketed New Jersey judgment when someone from New Jersey owes you money but has moved to a different state. This simple process takes only three to four weeks, but it does require that you give notice to the defendant. It is rare for a defendant to object, but this significantly complicates the judgment process. Once you have docketed a judgment in New Jersey, the Act lets you begin the collection process. Working with a law firm that has extensive knowledge of New Jersey law and years of experience getting results in collections can help you and your business get the funds you are owed. There are a variety of remedies your collections lawyers may use to recoup your money or other assets.
Levies occur after a judgment has been documented. If the defendant has any valuable items, including bank accounts, the Sheriff can place a levy upon those possessions. Once a levy has been placed, the items are sold at auction or turned over to the court, in the case that the levy was placed on a bank account. There is a hearing to resolve the matter of your payment, passing any property, funds or profits on to you as determined appropriate by the court.
Wage execution occurs when you file a judgment against an individual debtor. The most effective way is often to file for wage execution, but the defendant has the opportunity to object. If he does not object, the order is served to his employer, who must take 10 percent of the employee’s gross wages at each pay period and provide them to the Sheriff. If the debtor’s wages fall below a certain level, wage execution is not an option.
If the entity that owes you money is not paying other creditors either, it may be possible for all of you to have a court-appointed receiver. A receiver is tasked with the job of liquidating any assets of the corporate entity and using those liquidated assets to make appropriate payments to you and the other creditors.
If the defendant is part of an LLC, you can file a motion in Superior Court against the LLC to seek an accounting of all payments made to the defendant. You can also seek orders to restrain those payments and have them directed to you.
An information subpoena is served after docketing in New Jersey. You can receive an information subpoena for individuals as well as business entities. If the defendant fails to complete the subpoena, he may be held in contempt of court. If a corporation refuses to reply to a court-ordered subpoena, it may be sanctioned.
Once your judgment has been docketed in the state of New Jersey, you can seek a post judgment deposition which requires the debtor and all related entities and parties to appear to answer questions about the case.
Contact a Collection Lawyer
Call Snellings Law LLC today at (973) 265-6100 to work with collections lawyers who understand your case.