It may be that you are behind on your credit card payments, a little or a lot, because you were out of work, or involved in a divorce.  When the creditor refers your account for collection, it may just be a short while before it is turned over to an attorney to file suit against you.  There are a number of options to address this situation.

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Most people are well aware from personal experience about landlord-tenant relationships. Parties enter into a written lease providing for payment of a monthly rent and security deposit and containing the rights and responsibilities of the parties during the tenancy. Then if a tenant fails to pay rent, the landlord may file an eviction action in the Special Civil Part of the Superior Court.

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In New Jersey, in order to maintain a professional malpractice lawsuit, a plaintiff must provide an “affidavit of merit” to the defendant after filing suit. The affidavit of merit statute in part requires that, in any action seeking damages “resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall … provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work … fell outside acceptable professional or occupation standard or treatment practices”.

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It seems like at least once a week, I get a call from someone who has had money frozen in their bank account due to entry of a judgment. In some cases, s/he does not even know that s/he was sued. Then there is a very limited amount of time before the creditor obtains a court order for the bank turn over the funds, to try to set the judgment aside.

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In a prior blog post, we discussed the Conley v. Guerrero decision, in which Judge Coleman held that an attorney review letter was validly and effectively sent, by fax and email, although the contract in the transaction and the New Jersey Supreme Court decision in New Jersey State Bar Association v. New Jersey Association of Realtor Boards required the letter to be sent by certified mail, telegram or personal delivery.

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