Contact
(844) 562-3572
[email protected]
TextBack Number
+1 877-721-2590
Deliveries:
354 Eisenhower Parkway
Suite 1250
Livingston, NJ 07039
- Additional Office Locations
(844) 562-3572
[email protected]
TextBack Number
+1 877-721-2590
Deliveries:
354 Eisenhower Parkway
Suite 1250
Livingston, NJ 07039
When money is owed to you, and the other party refuses to pay, every day that passes is a day that your cash flow suffers, your business is weakened, and your ability to meet your own obligations is compromised. Whether you are a business owner dealing with an unpaid commercial account, a landlord pursuing overdue rent, a contractor owed payment for completed work, or an individual seeking to recover a personal loan, you need a legal advocate who will pursue what you are owed with persistence and skill. At the Law Office of Barry E. Janay, P.C. (LOBEJ), our NJ debt collection attorney team represents creditors throughout New Jersey with a direct, results-oriented approach that prioritizes your financial recovery.
Debt collection is not simply a matter of sending letters and waiting. Effective creditor-side debt collection requires an understanding of contract law, judgment enforcement, debtor asset investigation, and the complex web of state and federal regulations that govern how debts may be collected. At LOBEJ, we bring all of these skills to bear on every creditor matter we handle, moving efficiently through the legal process to recover what our clients are rightfully owed.
Many creditors initially attempt to recover debts on their own, through phone calls, internal collection efforts, or the use of a third-party collection agency. These approaches sometimes work for small, undisputed debts, but they frequently fail when the debt is large, when the debtor is evasive or disputes the amount, when the debtor has filed or is threatening to file for bankruptcy, or when prior collection attempts have already been exhausted without success.
Beyond effectiveness, creditors also face significant legal exposure if they attempt to collect debts in ways that violate the Fair Debt Collection Practices Act (FDCPA) or New Jersey’s equivalent state consumer protection statutes. While the FDCPA primarily regulates third-party debt collectors rather than original creditors collecting their own debts, the line between the two can be blurry in certain circumstances, and even businesses collecting debts owed to them directly can run afoul of New Jersey’s Consumer Fraud Act if their collection methods are deemed unfair or deceptive.
Working with a qualified NJ debt collection attorney from the outset ensures that your collection efforts are legally sound, strategically directed, and as forceful as the law permits. LOBEJ handles the entire process, from initial demand through litigation, judgment, and enforcement, so that you can focus on running your business while we focus on recovering your money.
Not every debt collection matter requires a trip to the courthouse. In many cases, the strategic intervention of an attorney is sufficient to prompt payment or reach a negotiated settlement that avoids the time and expense of litigation. This begins with a formal demand letter from LOBEJ’s office, a communication that signals to the debtor that legal action is imminent and that failure to resolve the matter will result in a lawsuit, judgment, and enforcement proceedings far more costly and disruptive than simply paying what is owed.
A well-crafted demand letter from an attorney’s office carries a weight that internal collection efforts simply cannot replicate. It tells the debtor that the creditor is serious, that competent legal counsel is involved, and that the window for an amicable resolution is closing. Many debtors who ignored previous collection attempts respond promptly when they receive a formal legal demand.
If the debtor is willing to resolve the matter but cannot pay the full amount immediately, LOBEJ negotiates structured payment agreements and prepares legally binding settlement agreements that protect the creditor’s rights and provide clear remedies in the event of default. We also evaluate whether a partial settlement is in the creditor’s best interest given the debtor’s financial situation and the costs of pursuing full recovery through litigation. Our goal is always to recover the maximum amount possible in the most efficient manner available, and sometimes a negotiated settlement achieves that goal better than prolonged litigation.
When pre-litigation efforts are unsuccessful, filing a lawsuit in New Jersey’s court system is the next step. The appropriate court depends on the amount of the debt; claims under $5,000 are typically filed in Small Claims Court, claims between $5,000 and $20,000 in the Special Civil Part of the Superior Court, and claims exceeding $20,000 in the Law Division of the Superior Court. At LOBEJ, we have experience litigating debt collection matters across all of these venues. We prepare and file the complaint, manage service of process, handle any motions or legal challenges raised by the debtor, and pursue the matter through to judgment. If the debtor fails to respond within the required time period, we move promptly for a default judgment. If the debtor contests the claim, we build and present the evidentiary case necessary to secure a judgment at trial.
Obtaining a judgment is a significant milestone, but it is not the end of the process if the debtor still refuses to pay. A judgment is only as valuable as your ability to collect on it, and this is where many creditors find themselves frustrated without skilled legal support. LOBEJ pursues aggressive judgment enforcement strategies designed to actually put money in our clients’ hands.
Once a judgment is obtained, New Jersey law provides creditors with a robust set of enforcement tools to collect on the judgment from the debtor’s assets. These include wage execution, which allows the creditor to garnish a portion of the debtor’s wages from their employer; bank account levies, which allow the creditor to seize funds held in the debtor’s bank accounts; and liens on real property, which attach to any real estate the debtor owns in New Jersey and must be satisfied before the property can be sold or refinanced.
Discovering the debtor’s assets is often the first challenge in judgment enforcement. New Jersey allows judgment creditors to conduct post-judgment discovery through a process called a judgment debtor examination, in which the debtor is required to appear and answer questions under oath about their income, bank accounts, real property, vehicles, business interests, and other assets. LOBEJ conducts thorough post-judgment discovery to locate attachable assets and pursues enforcement through the most effective channels available, given the debtor’s specific financial profile.
In some cases, debtors attempt to evade judgment enforcement by transferring assets to third parties, concealing income, or structuring their affairs to appear judgment-proof. When these circumstances arise, LOBEJ pursues fraudulent transfer claims under the New Jersey Uniform Fraudulent Transfer Act and other legal theories to undo improper asset transfers and recover what our clients are owed. Our NJ debt collection attorney team is relentless in pursuing every available legal avenue to maximize recovery for our creditor clients.
LOBEJ’s debt collection practice is part of a broader suite of legal services that supports creditors, businesses, and individuals across every dimension of their legal needs. Our Commercial Collections practice is specifically designed to handle the full lifecycle of business-to-business debt recovery. When a debtor files for bankruptcy during a collection matter, our Bankruptcy Debtor Protection team steps in to protect our client’s rights in the bankruptcy proceeding, including filing proofs of claim, challenging dischargeability when appropriate, and pursuing relief from the automatic stay where warranted. Businesses dealing with collection issues that are intertwined with contract disputes or entity-level problems will find complementary support through our Business Law practice. Real estate creditors, including landlords and mortgage holders, can also access our Real Estate team’s support for property-related collection and enforcement matters. For clients navigating complex financial situations that require integrated legal planning across multiple practice areas, our Crisis Planning services provide the comprehensive, coordinated approach that complex situations demand. And for individuals whose debt collection issues intersect with estate or trust matters, our Wills, Trusts & Estate team ensures that all aspects of their legal situation are addressed cohesively.
The timeline for debt collection litigation in New Jersey depends on several factors, including whether the debtor contests the claim, the complexity of the dispute, and court scheduling. An uncontested default judgment can sometimes be obtained within 60 to 90 days of filing. A contested case that proceeds through discovery and trial may take one to two years or more. Once a judgment is obtained, enforcement timelines vary based on the debtor’s financial situation and the assets available for collection.
A claim of inability to pay does not extinguish the debt or the judgment. LOBEJ conducts a thorough post-judgment investigation to identify assets, income sources, and bank accounts that may be subject to enforcement. Even if a debtor’s financial situation is currently limited, New Jersey judgments remain valid and collectible for 20 years, and we monitor for changes in the debtor’s financial circumstances that create new enforcement opportunities.
In certain circumstances, yes. Some contracts contain attorney’s fee provisions that allow the prevailing party to recover legal fees from the other party. Additionally, certain statutes, such as the New Jersey Consumer Fraud Act, provide for mandatory attorney’s fee awards to prevailing plaintiffs. LOBEJ evaluates every matter for fee-shifting opportunities that may allow our clients to recover their legal costs in addition to the underlying debt.
In New Jersey, the statute of limitations for most written contract claims is six years. This means that a creditor generally has six years from the date the debt became due to file a lawsuit. If the statute of limitations expires before suit is filed, the debt becomes legally unenforceable in court. It is critical to contact a debt collection attorney promptly to ensure that your claims are preserved before the limitations period expires
If a debtor files for bankruptcy, the automatic stay immediately halts all collection efforts, including any pending lawsuits. Creditors must stop collection activity or risk sanctions for violating the stay. However, filing for bankruptcy does not necessarily mean the creditor will receive nothing; unsecured creditors are entitled to file proofs of claim in the bankruptcy case, and in some cases, debts may be deemed non-dischargeable if they arose from fraud or other misconduct. LOBEJ’s Bankruptcy Debtor Protection team works closely with creditors to protect their rights throughout the bankruptcy process.
The below conversational form is designed to help us better understand your needs and determine how we can assist you most effectively. Please answer the questions to the best of your ability.
Phone
(844) 562-3572
Email
[email protected]
Fax
(908) 379-8754
Primary Address
354 Eisenhower Parkway Suite 1250 Livingston, NJ 07039
New York Office
90 Broad St. 25th Floor, New York, NY 10004
Satellite Office
766 Shrewsbury Ave., Suite E-202 Tinton Falls, NJ 07724