You may email us with the pertinent information. If you prefer, you may always phone or fax us with your claim details. In all cases, we will perform a conflicts check to make sure we can handle your claim and will then contact you to discuss the terms of our representation.
This will depend on whether it is necessary to file a lawsuit to enforce collection. We generally recommend filing suit if your obligor will not resolve the claim amicably at the outset of our collection efforts. With the recent budget cuts, many New Jersey Courts suffer from staffing shortages that delay the processing of routine paperwork in both contested and uncontested cases. Contested lawsuits are typically resolved in 6–18 months or less, depending on whether the matter is heard in Special Civil Part (for balances less than $15,000) or Superior Court (for balances in excess of $15,000).
Can I recover my attorney’s fees from the consumer?brandingarc2022-03-24T23:07:13-04:00
You may be able to recover reasonable attorney’s fees as determined by the court if you have a written agreement signed by your consumer that contains a provision allowing either one or both parties to recover attorney’s fees in the event suit is filed to enforce the agreement. In a contested case, you can recover your fees only if the court determines that you are the prevailing party. Unless there is a statute providing for the recovery of attorney’s fees in your specific type of case, you will not be able to recover attorney’s fees without a signed contract providing for them.
Can I recover interest and court costs from the consumer?brandingarc2022-03-24T23:07:09-04:00
If you are the prevailing party, then you may receive an award of certain costs that are considered to be legally recoverable (filing fees, service of process, etc.). Not all costs that you may incur are recoverable through the courts. Interest is also recoverable, provided that your damages are certain or capable of being made certain by calculation and you have a written agreement that allows for interest.
What happens if the consumer files for bankruptcy protection?brandingarc2022-03-24T23:07:05-04:00
In the event of a bankruptcy filing, federal bankruptcy law mandates that all collection activity must immediately cease. If there are assets in the bankruptcy estate of the consumer, a creditor may file a proof of claim with the court in which the bankruptcy is pending.
There may be other actions to be taken in the bankruptcy proceedings depending on the type of bankruptcy filed, and whether you as the creditor, are secured or unsecured. We are available for consultation to determine what steps, if any, may be appropriate in your particular circumstances.
Does your firm collect in other states?brandingarc2022-03-24T23:07:01-04:00
We do accept claims for collection where the consumer is located outside of New Jersey. We also personally handle matters in which the consumer is located in Pennsylvania.
In the event that we are unable to collect the obligation ourselves, we partner with attorneys throughout the U.S. and abroad, through our membership in the Commercial Law League of America and other organizations, to whom your matter could be referred for collection. Should it be necessary to forward your matter to out-of-state counsel, we will monitor the handling of your claim by the receiving attorney.
What areas of New Jersey and Pennsylvania does Sklar Law, LLC cover?brandingarc2022-04-25T16:53:02-04:00
Yes. We can turn your foreign judgment into a New Jersey sister state judgment and enforce that judgment here. We can also take your New Jersey judgment and have it domesticated and enforced in another state through our long-standing relationships with other attorneys all over the U.S.
Are my collection claims bonded when we place them with your firm?brandingarc2022-03-24T23:10:38-04:00