Can a debt collector obtain a judgment against me without my knowledge?
The answer to this question depends on the state of New Jersey and the specifics of your situation. The Collection Defense Law in New Jersey states that a debt collector cannot obtain a judgment against you without your knowledge. Specifically, the law requires the debt collector to send you a notice of the court action that they plan to pursue before they take any legal steps against you. This notice must include the court’s name, the name of the lawsuit, the date and time of any court proceedings, and a statement of your right to an attorney. In addition, before the debt collector can obtain a judgment against you, they must also provide you with an opportunity to contest the debt. This means that they must provide you with information about the amount due, the name of the creditor, and an accounting of any fees or interest charged. If you do not dispute the debt, then the debt collector may proceed with obtaining a judgment against you. There are some exemptions to the Collection Defense Law in New Jersey. For instance, if the debt is related to taxes, welfare payments, child support, or alimony, then the debt collector does not have to follow the notice and opportunity to contest requirements. It is important to remember that a judgment gives a creditor the right to take legal action against you to recover the debt. These actions can include garnishing your wages, freezing your bank account, or even placing a lien on your property. Thus, it is important to be informed of your rights under the Collection Defense Law in New Jersey, and to act accordingly to protect yourself.
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