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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101382
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If i request information or proof of a debt from a company

Customer Question

If i request information or proof of a debt from a company that is saying that i have an outstanding payday loan, does that restart the statue of limitations in NJ?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

When you say "proof of debt," I am assuming you mean deb validation under the FDCPA (see HERE).

The answer is NO, it does not restart the statute of limitations. You are not "signing a confirmation/affidavit" to the debt. You are simply asking for a confirmation of the debt from the collection agency. This does not restart the clock on statute of limitations.

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Customer: replied 1 year ago.
what is the statue of limitations in NJ?
Expert:  Ely replied 1 year ago.

Six years under N.J. Stat. § 2A:14-1.

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Customer: replied 1 year ago.
after 6 years are they allowed to sue/garnish or just allowed to collect?
Expert:  Ely replied 1 year ago.

Assuming that the statute of limitations does not toll for some reason, they can no longer sue. If they can no longer sue, then they can no longer garnish/levy/etc.

They can only collect. However at this time, it would be like a dog without any teeth barking, since they cannot sue you, but only ask for the money.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.