If you want to collect a judgment from someone in New Jersey on a judgment that originated in another state, our collection lawyer NJ can provide you with information on the proper steps to take. This is called the “Act” in New Jersey and is a relatively easy process that only takes three or four weeks. However, the plaintiff needs to notify the defendant, who then has the right to object. In these cases, the process is a little more complicated.
Types of Collection Lawyer NJ Efforts
The judgment is first docketed in New Jersey according to the terms of the Act. Look for a seasoned law firm with years of experience, the resources to enforce collection measures and knowledge and background in collection practices.
Our collection lawyer can begin the process using the following steps:
- Information subpoena – You should likely take this step first because an information subpoena for either individuals or businesses secures additional information about the defendant. After a judgment is docketed in the state, the creditor has the right to submit an information subpoena. The defendant must answer within 10 days after the subpoena is served. If the defendant does not respond or properly complete the subpoena, the plaintiff can request that the creditor be held in contempt, subjected to punitive sanctions or even arrested. The information in the subpoena can help the creditor determine what type of collection strategy to pursue next.
- Changing order – When a company or person has formed a New Jersey Limited Liability Corporation, the plaintiff can file a motion in Superior Court. The LLC will then need to provide an account of how much they have paid to the defendant. They will also need to make payments to the creditor pursuant to the court order.
- Levies – Once the judgment is docketed, the plaintiff can assess if the person or business has any items of value, such as a bank account. The plaintiff can then place a levy against these. In the case of bank accounts, the creditor can request that the court release the funds to them. In the case of property, the assets might be sold at auction with the proceeds possibly used to pay the creditor pursuant to a court hearing.
- Post-judgment deposition – Once a judgment has been filed in New Jersey, the creditor can request a post-judgment deposition. The court can then depose the debtor and all related business affiliations, including vendors, suppliers, customers and tax professionals.
- Receivership – You might not be the only creditor who is not being paid. In this case, a court-appointed receiver might step in and liquidate the assets of the business, thus paying off all creditors.
- Wage garnishment – When a judgment is against a person, the courts can seek a wage execution or garnishment to collect the debt. However, the defendant has the right to object once he or she is notified of the order. If the defendant does not object, the employer receives notice and must turn over 10 percent of the person’s gross wages received each pay period to the sheriff as long as the earnings are above a certain minimum amount.
Remedies in Out-of-State Collections
The above list provides a sample of the types of collection remedies that a creditor has in New Jersey for out-of-state defendants. Our legal team understands how frustrated creditors feel when they need to pursue a defendant in another jurisdiction for payment. However, when you retain our competent legal team, we can put the needed remedies to work for you so that you can collect an out-of-state judgment.
Call Our Collection Lawyer at (973) 265-6100
If you want to pursue collection efforts against a client, contact our collection attorney NJ at Snellings Law LLC for further information.