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I have a question about a debt of my husband. A sheriff

I have a question...

I have a question about a debt of my husband

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

A sheriff called today saying he is going to be served

Lawyer's Assistant: What steps have you taken so far?

We called the lawyer he said my husband owes either 1500 now or 4000 which will be garnished

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But the main concern is this debt is not showing on his credit report ?

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Customer reply replied 1 month ago
We are in the state of NJ
Customer reply replied 1 month ago
this is a credit card bill from 2011
Answered in 7 minutes by:
7/7/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,421
Experience: Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Has a judgment been entered against your husband? I recommend that you send an email to the attorney disputing the debt and requesting verification of the debt and name of the creditor.

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Customer reply replied 1 month ago
We did request something in writing but they said they are not obligated to
Customer reply replied 1 month ago
This is coming out of the blue it’s no longer on his credit report either he thought it was done with since it is from 2011

Was it a judgment or just a debt from 2011? did you dispute the debt under the Fair Debt Collection Practices Act?

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If is was a judgment - judgments are good for 20 years.

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Customer reply replied 1 month ago
Like I said this was just brought to our attention yesterday
Customer reply replied 1 month ago
There is no judgement yet someone called to say he would be served court documents if he did not agree to pay NOW

That sounds like a collection agency trying to get paid. If you have not received any collection letters or demand letters, it sounds fishy. It also sounds fishy if the attorney will not verify the debt. I recommend that you wait until your husband is served. The complaint will need to spell out the debt, creditor, amount and default date. You will be able to respond to the complaint with an answer and proceed from there.

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Customer reply replied 1 month ago
Could this be a scam?

Yes. It sounds fishy to me. Especially true when you are not aware of any pending debt.

Have I answered all your questions?

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A creditor cannot garnish if there is no judgment. I recommend that you file a complaint with the NJ Attorney General's office.

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Customer reply replied 1 month ago
Ok thank you !

You are welcome.

Here's the Attorney General website: https://www.njconsumeraffairs.gov/Pages/File-a-Complaint-old.aspx

Please remember to accept my response and click the stars above to post a positive 5-star rating so I get credit.

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,421
Experience: Attorney with over 25 years experience
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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