Need Advice! Civil Suit!

[Cooby]

New Jersey:

Almost 2 years ago, a past friend of mine had installed a home phone line in my house, under her name, for us to use. She was at work and asked me to call the company and have it installed, as well as a line at her mother's house (where she was actually staying). She gave me her Social Security # and all relevant information to be able to do so. I called and had the 2 lines installed, one at my house, one at her house (both transactions were done on the same call). While both phone lines were at different locations, all the bills were addressed to her address only.

After about 8 months, I ran into some trouble with an unexpected large phone bill ($2,000- wow!). We had set up a payment agreement through the phone company for $100/month till it was paid in full. The agreement went according to plans up until the first $1,200 in payments (this past May). I had been requesting copies of the bills, to see exactly where the payments were at, and how
far along we were, but I have not received one yet from her. I have stopped my payments temporarily due to that and also because I have been out of work for 2 months with a doctor's note.

I just received a notice in the mail saying she is taking me to Small Claims Court for this. I have no problem paying the remainder of the bill ($1,000). I would just prefer to see the rest of the bills first. I am especially upset with the fact that she had mentioned to me before that she would lie and say that she had never given me permission to install the phone (as a possible type of fraud), which she did grant me permission, as well as asking me to call and set both up for her since she couldn't call from work. I had full permission and there are witnesses who know this as well.

I am concerned that the Judge could possibly connect this case somehow to the outstanding debt I have with the phone company prior to this case, in my name... or is that irrelevant to the case at hand?

I do not have a large income. Do the judges usually accept a payment plan? If they garnish my wages it would probably be half of what I would offer as a payment plan. How much can each company or person garnish? What should I expect in court from the Judge, Plaintiff, etc.? What items, documents should I have with me (paystubs, doctor's note, receipts of previous payments)?

What are the liabities on my part, as well as hers?


Thank you in advance for any help...

 

[JETX]

The bottom line here is that you acknowledge you owe a debt, you have signed a promissory note to repay it, and have breached that agreement. The creditor is now taking you to court to get a judgment against you. Any other issues (being sick, not getting statement, etc.) are all irrelevant to the issue of paying the agreed debt.

Q1) "I am concerned that the Judge could possibly connect this case somehow to the outstanding debt I have with the phone company prior to this case, in my name... or is that irrelevant to the case at hand?"
A1) Assuming that this is being presented in Small Claims court, the judge will generally hear any and all issues that are relevant. If you believe an issue is not relevant to the case at hand, you are free to object and state your reasons why you feel it is not relevant. The judge will then determine whether to hear it or not.

Q2) "I do not have a large income. Do the judges usually accept a payment plan?"
A2) Some states provide for the court to establish a payment plan, others don't. (I don't believe that New Jersey has the court set up a plan). You would need to negotiate any payment plan with the judgment creditor.

Q3) "If they garnish my wages it would probably be half of what I would offer as a payment plan. How much can each company or person garnish?"
A3) New Jersey allows the following general garnishment exemptions:
"$142.50 wk. min. 10% of gross earnings $142.50 & Over"

Q4) "What should I expect in court from the Judge, Plaintiff, etc.?"
A4) http://www.state.nj.us/lps/ca/brief/court.htm

Q5) "What items, documents should I have with me (paystubs, doctor's note, receipts of previous payments)?"
A5) Simply, bring ANYTHING that you feel will help your case, or that you feel necessary to challenge possible claims or issues raised by the Plaintiff.

Q6) "What are the liabities on my part, as well as hers?"
A6) Yours: You could lose and have to pay the judgment, plus costs, plus interest. Hers: She could lose.