Statue of Limitations /Collection Attorney

[confusednjersey]

What is the name of your state? NJ

Id like to know what the statue of limitations is in NJ for a promissory note. I am being contacted by a collection attorney regarding a promissory note dated 4/2000. It was fora balance on bail from a charge that I ultimately served time for. He says that my last payment was in March of 2001 ,but I remeber that it was paid in full. I dont have any records to back up my claim due to the amount of time that has passed. Initially I disputed the amount in writing and it took almost 9 months for him to respond with a copy of the promissory note. Im confused as to what to do now. He recently sent a letter apologizing foor the delay but still requesting the supposed balance, and his fees. What is the staue of limitations in NJ on a promissory note and what should I do next ?

[Chien]

It's 6 years, which doesn't seem to help you much, if you were paying over time.

I dont have any records to back up my claim due to the amount of time that has passed.

Maybe he doesn't either and, if he sued, he has the burden of proof. On the other hand, how were you paying? No records at all? If you gave him cash, maybe it went directly into a pocket, instead of a bank.

You don't have a lot of options, under the circumstances. You can let him sue you (actually, you probably have little choice in the matter) and then use discovery to make him cough up his financial records. But he has the Note and you have nothing (at the moment). It's not a very tenable position.

[confusednjersey]

Originally Posted by Chien

It's 6 years, which doesn't seem to help you much, if you were paying over time.


Maybe he doesn't either and, if he sued, he has the burden of proof. On the other hand, how were you paying? No records at all? If you gave him cash, maybe it went directly into a pocket, instead of a bank.

You don't have a lot of options, under the circumstances. You can let him sue you (actually, you probably have little choice in the matter) and then use discovery to make him cough up his financial records. But he has the Note and you have nothing (at the moment). It's not a very tenable position.

Wouldnt the 6th year mark be March of 2007 ? Is it advisable to wait him out? How do judges view SOL claims if they are right on the deadline date and not lets say a few years past SOL..? I really thought this issue was over since he waited almost 9 months to respond after i initially disputed the debt.

[Chien]

Q. Wouldnt the 6th year mark be March of 2007 ?

A. Well, according to him, you paid in March. Assuming you were paying monthly (just for the sake of discussion), the payment default would be some date in April 2001, causing the SOL to run on some date in April 2007.

Q. How do judges view SOL claims if they are right on the deadline date?

A. An expired SOL is an expired SOL (and a rose is a rose is a . . . .). Doesn't make a difference if it's 24 hours or 24 months, but I would expect that you'll see some action within 11 months, even if it did take 9 months to find it.

[confusednjersey]

Ok I understand what you mean. Assuming that payments were sporadic and not monthly how would that make a difference? The promissary note he sent me has my signature and date , and total dollar amount $1,000 dated 4/12/00 but the specifics on how it is to be paid is blank for some reason. He lists that the last payment received was on March 21st 2001, and the remaining balance is $800.00

[Chien]

Well, if there are no payment terms, that makes it even more difficult to determine when the SOL would start, because there is no way to deduce the default date.

Sorry I can't be more help, but I still thnk you'll see action before the SOL becomes relevant.

This was for the balance on bail? Not for the premium? There wasn't any part of this that was refunded when you served your time?

[confusednjersey]

I dont think that there would be a refund on on the premium if your convicted of the charge that the bail was for. At least thats the way I understood it .

[Chien]

If you're right, then it would appear that he has the upper hand. You both suffer from a lack of evidence, but he has the Note and, presumably, a record of debits and credits. BTW, there are some states that treat the SOL as tolled (suspended), while you're incarcerated, the theory being that you are not adequately situated to defend yourself, even if you can be served.

[confusednjersey]

Do you know if NJ has a clause like that in regards to incarceration? Seems like I'll have to pay even though I KNOW the balance was paid for.... . Cash Payments, and even if I did pay by check or money order I probably wouldnt have kept that stuff around this long..... Do you think a lawyer would be able to help ?

[Chien]

First, I don't know.

Second, it's more likely to be in annotations and case interpretations of your SOL statutes, so local counsel would be more assistance.

Third, if it does exist for NJ, it just hurts not helps, so I'm not sure anyone will see the purpose.

Fourth - cash payments or negotiable instruments about which you have no recollection (and the financial institution(s) are going to claim they can't find without more information).

Fifth, I can't think of a way that an attorney could help you or could justify the cost, unless you have one who can walk on water and perform other miracles.