Debt Collection and Defense Lawyer in New Jersey — What Are Your Rights?
If you are facing a debt collection lawsuit or creditor harassment in New Jersey, you have legal rights. A debt collection and defense lawyer New Jersey from Law Offices Of SRIS, P.C. can challenge the creditor’s claims, assert defenses under the Fair Debt Collection Practices Act (FDCPA) and New Jersey law, and work to protect your assets.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Debt collection lawsuits in New Jersey are governed by state law and the federal Fair Debt Collection Practices Act (FDCPA). The New Jersey Fair Debt Collection Practices Act (N.J.S.A. 45:18-1 et seq.) provides additional protections against abusive, deceptive, and unfair practices by debt collectors. A debt collection and defense lawyer New Jersey can use these statutes to challenge improper collection efforts, including lawsuits filed on time-barred debt or without proper documentation.
For official state statutes, refer to the New Jersey Statutes Annotated (N.J.S.A.). For court procedures, consult the New Jersey Courts Civil Division website.
- Receive and review the Summons and Complaint with a debt collection and defense lawyer New Jersey.
- File an Answer within 35 days to avoid a default judgment, raising all applicable defenses.
- Engage in discovery to demand the creditor prove the debt’s validity and ownership.
- Negotiate a settlement, seek dismissal, or prepare for trial if the creditor cannot meet its burden of proof.
In New Jersey, losing a debt collection lawsuit can result in a money judgment, wage garnishment, bank levy, and a lien on your property.
| Action | Legal Basis | Potential Consequence | Defense Strategy |
|---|---|---|---|
| Debt Collection Lawsuit | N.J.S.A. 2A:16-1 et seq. | Money Judgment | Challenge standing, statute of limitations, documentation |
| Wage Garnishment | N.J.S.A. 2A:17-50 | Up to 10% of disposable earnings | Claim exemptions, negotiate lower percentage |
| Bank Account Levy | N.J.S.A. 2A:17-63 | Freezing of bank funds | File a claim of exemption for protected funds |
| Creditor Harassment | FDCPA; N.J.S.A. 45:18-1 | Statutory damages, attorney’s fees | Document violations, file counterclaim |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to civil defense matters. Our approach in debt collection cases is grounded in a meticulous review of the creditor’s claims and aggressive assertion of consumer rights. Mr. Sris, the firm’s managing attorney and a former prosecutor, provides strategic oversight on these matters.
While specific case counts for debt collection defense are not separately tallied, our firm’s overall litigation experience includes favorable resolutions in civil matters. We apply the same rigorous defense principles to challenge creditor lawsuits.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our New Jersey location represents clients across all 21 counties, including Bergen, Monmouth, and Morris Counties. We are accessible via major highways including the Garden State Parkway and I-95. As a debt collector defense lawyer New Jersey firm, we provide 24/7 availability for consultations.
Debt Collection and Defense Lawyer New Jersey FAQ
Can a debt collector sue me in New Jersey?
Yes. A creditor or debt collector can file a lawsuit in New Jersey Superior Court, Law Division, to obtain a money judgment. You must be served with a Summons and Complaint and have 35 days to file an Answer. A debt collection and defense lawyer New Jersey can help you respond.
What is the statute of limitations for debt in New Jersey?
It depends on the type of debt. For most written contracts, including credit card debt, the statute is 6 years from the date of default under N.J.S.A. 2A:14-1. If the debt is time-barred, it is a complete defense to a lawsuit. A creditor harassment lawyer New Jersey can review your dates.
What should I do if I am being harassed by a debt collector?
Document every call and letter, noting the date, time, collector’s name, and what was said. Harassment, threats, or calls at unreasonable hours may violate the FDCPA and New Jersey law. Contact a creditor harassment lawyer New Jersey to discuss filing a complaint or counterclaim.
Can my wages be garnished for debt in New Jersey?
Yes, but only after a creditor wins a lawsuit and obtains a judgment. New Jersey allows garnishment of up to 10% of your disposable earnings for most consumer debts. Certain income, like Social Security, is exempt. A debt collector defense lawyer New Jersey can help you claim exemptions.
What defenses can I use against a debt collection lawsuit?
Common defenses include: the statute of limitations has expired; the collector lacks standing to sue; the debt amount is incorrect; the debt was discharged in bankruptcy; or you were a victim of identity theft. A debt collection and defense lawyer New Jersey can identify the best defense for your case.
For more information, see our New Jersey Civil Litigation overview. We also assist clients in neighboring areas like Bergen County and Monmouth County. If you are facing related legal issues, consider our New Jersey business lawyers or contract lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.