NEW JERSEY DEBT COLLECTION BLOG POSTS

New Jersey Appeals Court Confirms Statute of Limitations In Fraudulent Asset Transfer Claims

In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment. Rosario, et al. vs. Marco Construction ...

Posted by Glenn Reiser, January 18, 2016 • Collection, Fraud, Litigation, Real Estate

Tagged in: 4 year statute limitations NJ fraudulent transfer, discovery rule fraudulent transfer claims NJ, fraud UFTA New Jersey, fraudulent transfer of assets in New Jersey, fraudulent transfer of assets NJ, NJ satute of limitations fraudulent transfer, statute limitations UFTA, UFTA claims New Jersey

When Perfecting A Security Interest In Goods or Chattel, Don’t Be Fooled If The Debtor ReLocates Its Business To A Different State

PERFECTING SECURITY INTEREST IN GOODS OR CHATTEL Under the Uniform Commercial Code (“UCC”), is a secured creditor required to file a new UCC-1 financing statement to perfect its security interest in equipment if a debtor moves its “location” to another jurisdiction? The answer may depend on whether the debtor is considered an “organiza...

Posted by Eric Reiser, September 18, 2015 • Bankruptcy, Collection, Contracts

Tagged in: change of debtor's location, collateral moved to different state, competing security interests, location of debtor's collateral, monitoring location of collateral, new jersey attorneys perfecting security interest, new jersey uniform commercial code, perfecting security interest, perfecting security interest in debtor's collateral, priority of security interests, registered organization, security interest, UCC 9-307 New Jersey, UCC 9-316, UCC filing, ucc-1 financing statement

Federal Court Rejects False Statement Claim Against NJ Debt Collection Law Firm

In a precedential opinion issued on June 30, 2015, the United States Court of Appeals for the Third Circuit affirmed the lower court's dismissal of a putative class action complaint filed by a consumer against a law firm and its client for allegedly violating a provision of the Fair Debt Collection Practices Act ("FDCPA") that prohibits a debt coll...

Posted by Glenn Reiser, July 14, 2015 • Collection, Consumer Fraud, Fraud, Litigation

Tagged in: Debt Collection Violations Federal Law, Fair Debt Collection Practices Act, false statement debt collection NJ, FDCPA violations, materially false statement debt collection lawyers New Jersey, New Jersey Debt Collection Violations, Third Circuit decision FDCPA

Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple

Consider this hypothetical: Plaintiff accounting firm (“Accounting Firm”) files a collection suit (“Action 1”) against defendant limited liability company (“LLC”) for nonpayment of invoices. In LLC’s answer to the Accounting Firm’s Complaint, LLC raises professional negligence as an “affirmative defense.” LLC fails to retain...

Posted by Eric Reiser, March 13, 2015 • Collection, Contracts, Experts, Litigation, Professional Malpractice

Tagged in: accountant collection action, Accountants book account, Affidavit of Merit, application of new jersey's entire controversy doctrine, Book Account, circumventing entire controversy doctrine, Entire Controversy Doctrine, entire controversy doctrine loophole, entire controversy doctrine prevents litigants from getting two bites of the apple, entire controversy doctrine second bite of apple, entire controversy doctrine's application to cases pending simultaneously, extending discovery deadlines, failure to serve expert report, malpractice claims arising out of core set of facts, subsequent proceedings subject to entire controversy doctrine

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New Jersey Appeals Court Confirms Statute of Limitations In Fraudulent Asset Transfer Claims

When Perfecting A Security Interest In Goods or Chattel, Don’t Be Fooled If The Debtor ReLocates Its Business To A Different State

Federal Court Rejects False Statement Claim Against NJ Debt Collection Law Firm

Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple

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New Jersey Appeals Court Confirms Statute of Limitations In Fraudulent Asset Transfer Claims

When Perfecting A Security Interest In Goods or Chattel, Don’t Be Fooled If The Debtor ReLocates Its Business To A Different State

Federal Court Rejects False Statement Claim Against NJ Debt Collection Law Firm

Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple

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