In New Jersey Default Judgments are generally not difficult to vacate, which would allow a defendant to answer the complaint and mount a defense to the action. Rarely, however, is there a legitimate defense that can be raised. Most of my clients will readily admit that they borrowed the money and didn't pay it back. The fact that the defendant may have made efforts to settle the debt, make payment arrangements, or fell on hard times making it impossible to repay the debt, are not legal defenses. While it may be true that the creditor collected more in interest than the defendant ever borrowed, the creditor will still prevail in court.
The adage, "where there is smoke, there is fire" applies to many of my clients financial circumstances. Generally, if a creditor is suing for non-payment, the defendant has other financial difficulties as well. Especially in today's economy where so many people are unemployed, the inability to keep up with credit card payments, medical bills, car and home payments, are commonplace. And if my potential client is calling me, a bankruptcy attorney, asking me for my opinion, he or she has already figured out that they can't do it anymore. My usual advice is almost always the same: "put an end to the bleeding - harassing phone calls, the reporting of delinquencies on credit, the throwing away good money after bad, the stress and anxiety of how to make ends meet. Stop the bleeding and start fresh. Let's look at what bankruptcy can do to get you back on track and get a good night sleep for a change."
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