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New Jersey Credit Card Debt Statute Of Limitations

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roguepoet

Junior Member
New Jersey. In 2010 I had a default judgement against me in New Jersey for an old debt from New York ($2,274). I was traveling at the time and did not respond to the notice. The original debt was in 2003. Does the collector, a law firm who later bought the debt from a credit card which has now gone out of business because of shady business practices (Emerge Card). I was told that the statute of limitations on collecting this debt is 6 years. It was 7 years at the time this new collector tried to collect it. Can I still challenge this default judgement? I am also currently ill and on public assistance if that makes any difference.
 


quincy

Senior Member
New Jersey. In 2010 I had a default judgement against me in New Jersey for an old debt from New York ($2,274). I was traveling at the time and did not respond to the notice. The original debt was in 2003. Does the collector, a law firm who later bought the debt from a credit card which has now gone out of business because of shady business practices (Emerge Card). I was told that the statute of limitations on collecting this debt is 6 years. It was 7 years at the time this new collector tried to collect it. Can I still challenge this default judgement? I am also currently ill and on public assistance if that makes any difference.
The statute of limitations applies to the filing of an action. Once there is a judgment, it does not apply.
 

adjusterjack

Senior Member
New Jersey. In 2010 I had a default judgement against me in New Jersey for an old debt from New York ($2,274). I was traveling at the time and did not respond to the notice. The original debt was in 2003. I was told that the statute of limitations on collecting this debt is 6 years.
The statute of limitations has to be raised as an affirmative defense to a lawsuit. If you ignored the lawsuit in 2010 you didn't raise the defense and once they got the judgment, it was too late.

I am also currently ill and on public assistance if that makes any difference.
Might make you "judgment proof" but doesn't stop the judgment creditor from trying any legal method of enforcing the judgment.
 

FlyingRon

Senior Member
And they can continue to try for a good long time. Judgments in NJ are good for 20 years initially and can be renewed for another 20.
 

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