Bankruptcy & Creditor’s Rights
Enforcing an Out-of-State Judgment in New Jersey
Posted in Bankruptcy & Creditor's Rights
If you hold a judgment obtained in another state against a resident of New Jersey, you may wonder whether your judgment can be enforced in New Jersey without new legal action being initiated. The answer is “yes”. New Jersey has adopted the Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25, et seq.) (the “Act”) which sets forth a fairly simple process by which a foreign judgment -a judgment, decree or order issuing from a court outside of New Jersey but which is entitled to full faith and credit in New Jersey[1] – can be filed with the Clerk of the Superior Court, and thereafter enforced in the same manner as if it had been entered in New Jersey. Continue reading
Landlord’s Beware: Fair Debt Collection Practices Act Applies to Eviction Actions
Posted in Bankruptcy & Creditor's Rights
Recently, the Appellate Division of the State of New Jersey in Hodges v. Feinstein, Raiss, Kelin & Booker, LLC declared that law firms that regularly file summary dispossess action (aka “evictions”) for non-payment of rent are subject to the Fair Debt Collection Practices Act (“FDCPA”). Additionally, the Appellate Division held residential evictions for failure to pay rent must now be made by verified complaint. Continue reading