Frequently Asked Questions
I. About Our Firm.
- How long has Slater Tenaglia Fritz & Hunt, P.A. been handling debt collection and creditor’s rights cases?
Answer: Our Law Firm has been handling debt collection and creditors rights cases since 1976.
- Does our Law Firm defend creditors against counterclaims?
Answer: Yes. Our Law Firm has a litigation department of attorneys that defends creditors against counterclaims, while still pursuing the underlying debt collection case.
- Does our Law Firm collect receivables without suit?
Answer: Yes. Our Law Firm has an in-house collection department comprised of non-attorney collectors who work with the assistance of collection attorneys to collect on outstanding balances.
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II. Placing Accounts for Collection.
- What is needed to place an account with Our Law Firm for collections?
Answer: The debtor corporation and/or individual debtors contact information and statement of account or the last invoice.
- Does it cost anything to place an account for collection?
Answer: No. Our Law Firm handles all collection accounts on a contingency fee basis.
- Does our Law Firm collect receivables without suit?
Answer: Yes. Our Law Firm has an in-house collection department comprised of non-attorney collectors who work with the assistance of collection attorneys to collect on outstanding balances.
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III. Lawsuits.
- What is the Limit for Small Claims Court?
Answer: In New Jersey, claims under $3,000. In New York, claims under $5,000.
- What is required to file a lawsuit?
Answer: In New Jersey, debtor’s contact information, a copy of any and all contractual documentation, a statement of account and/or a last invoice and requested costs (known as “suit requirements”) to cover the costs associated with filing and service of a lawsuit.
- Can I include in my lawsuit interest charges?
Answer: A lawsuit may include an amount for interest, provided a creditor has a contract or writing that discloses to the debtor the interest rate in the event of default. Without this writing, a client is only permitted to add the pre-judgment interest set forth in the court rules.
- Can I sue the debtor for attorney’s fees?
Answer: A lawsuit may include an amount for attorney’s fees, provided a creditor has a contract or writing that discloses to the debtor that attorneys fees will be sought in the event an account is placed for collections.
- Can I sue an individual, as well as, the corporation?
Answer: It depends on the facts of a case. If an individual has personally guaranteed payment under a contract then a lawsuit can name the individual signor, if they are an officer or proprietor liable for payment.
- Why did our Law Firm file the lawsuit in the County where the Defendant resides?
Answer: In New Jersey for cases under $15,000, where lawsuits are filed in Special Civil Part, Court Rules require that a Plaintiff file the lawsuit in the County where the Defendant resides, unless there is a contractual agreement that calls for a specific venue. In New Jersey for cases $15,000 and over, where lawsuits are filed in Superior Court, our Law Firm typically files lawsuits in the County where the defendant resides because it makes service and post-judgment execution on the assets of the defendant more effective and efficient.
- How long does a debtor have to respond to a Complaint?
Answer: After being served with a lawsuit, in the State of New Jersey, a defendant has 35 days to answer a complaint. After being served with a lawsuit, in the State of New York, a defendant has 30 days to answer a complaint.
- What happens if a defendant does not answer a Complaint?
Answer: After service of a complaint, if a Defendant does not answer within the time permitted by the Court Rules, the Defendant will be in default and a Plaintiff can proceed with an application for default judgment.
- What is an Affidavit of Proof (AOP)?
Answer: An Affidavit of Proof is a document that supports an attorneys application for default judgment. A client or representative of a client must sign and forward to our law firm an original signature of an Affidavit of Proof for it to be filed with the Court.
- How Long does a defendant have to answer discovery questions (interrogatories)?
Answer: In cases under $15,000, where lawsuits are filed in Special Civil Part a defendant has 30 days to answer discovery. In cases $15,000 and over, where lawsuits are filed in Superior Court a defendant has 60 days to answer interrogatories.
- How Long does a defendant have to respond to a written request for documents?
Answer: Thirty Days. However, defendants can request an extension.
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IV. Court Dates.
- What is an Arbitration?
Answer: Arbitration is a form of alternative dispute resolution. In the State of New Jersey, lawsuits filed on outstanding balances above $15,000 are automatically scheduled for mandatory non-binding arbitration. During the arbitration process, both sides present their case and an objective third-party (usually an attorney) will render a decision.
- What is Mediation?
Answer: Mediation is a form of alternative dispute resolution. In New Jersey, some counties refer cases involving lawsuits, where claims are over $15,000.00, to a court-appointed mediator (usually an attorney), who will attempt to have the parties reach an amicable resolution of the case. Unlike arbitration, a court-appointed mediator does not make a judgment on the merits of the case or render an award.
- Is a witness required for Trial?
Answer: Yes. In order for a Plaintiff to maintain their burden of proof at a trial, a witness with personal knowledge of the facts and circumstances surrounding the case is required.
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V. Judgment and Post-Judgment Collections?
- What is a Judgment?
Answer: A Judgment is the Courts final determination of the rights and obligations of the parties in a case. Blacks Law Dictionary, Pg. 846, 7th Ed. (1999).
- Once a Judgment is Entered will a Defendant Pay?
Answer: No. Unless a post-judgment settlement agreement is reached, a judgment creditor will need to execute on the judgment to collect payment.
- What does a Judgment allow you to do?
Answer: A Judgment allows you to exercise certain rights. In the case of a monetary judgment in a collection case, a Judgment allows our Law Firm to execute on the assets of the Debtor in an effort to satisfy the secured judgment.
- What does it mean to docket the Judgment?
Answer: Docketing a judgment in the State of New Jersey means that you are filing the Judgment so the Judgment will appear on a statewide lien title search of any real property owned in the name of the judgment debtor.
- In the State of New Jersey how long is a judgment lien in place?
Answer: Twenty years. The Judgment lien can be renewed one time for an additional period of twenty years through an application with the Court.
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Thank you for visiting the Slater, Tenaglia, Fritz & Hunt P.A. website. According to the Supreme Court of New Jersey, and pursuant to the New Jersey Rules of Professional Conduct, this is considered an "advertisement." Before making your choice of attorney, you should give this matter careful thought. The information contained herein presents general information about Slater, Tenaglia, Fritz & Hunt P.A. and is not intended to constitute legal advice. Also, before acting on any of the materials presented here, we advise you to seek legal counsel. Please realize that merely contacting us or viewing our website does not create an attorney-client relationship. Please be further advised that the act of sending e-mail to an attorney at Slater, Tenaglia, Fritz & Hunt P.A. will not create an attorney-client relationship.
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