HS111

Promise to Pay

verbal agreement between consumer and our office

Writ-

written court order commanding party to perform or cease to perform action

NJ Interest rates

- 1.5% SPC - 3.5% LAW DIVISON

How much is a WEX?

- 10% of gross income above 217.50

How long does writ last?

- 2 years and can be done an unlimited amount of times

How many days does a consumer have to file an answer in NJ?

- 35 days

How long do we have to enter them into default judgement?

- 6 months from day of default

What is the statue of limitations?

- 6 years from last payment

Affidavit of Proof to Plaintiff

- A sworn statement made by plaintiff that certifies the consumer owes a debt to the creditor

What is a judgement?

- An award by the court that money is owed

Court will accept...

- Anything in writing with court fee paid

Different address?

- Change of venue then reissue

How are suits filled in NJ?

- Electronically

Bank Levy

- Execution on all monies

Wage Executions

- Last as long as consumer works at POB

Law Division Balance Limit

Above $15,001

How long does the consumer have to request a Verification of Debt

Any Time

Conditional Release

Arrangement that was created because of a bank restraint

Who does the Fair Debt Collection Practice Act cover

Consumer debt

3 Steps you need to take to be in compliance

Consumer is not bankrupt, Consumer is not dead, Not on active military duty

Who is considered a Third Party Communication -7-

Consumer, Consumer spouse, Consumer attorney, Court, Court officer, Authorized third party, Individual with written power of attorney

Who determines if service has been effectuated?

Court

Who is responsible for serving the consumer?

Court

SCP Docket Number

DC-123456-21

Docketed Judgement

DJ- 123456-21

The CFPB was created by the ____ ______ ___ in 2011

Dodd Frank Act

F1

Enter notes into note set

F7

Enter-View Arrangements

A bank will only restrain accounts only in consumer name T or F

False

New York State restraining notice must be served by a court officer T or F

False

HST

History

What is Cease and Desist?

If a consumer tells you to stop calling or writing them stop. File must be notated

You can only contact third party more than once if you believe the info give was ____ or ____

Incomplete or false

F8

Information Screens

Judgement Number

J-123456-21

J

Jump between files

Law Division Docket Number

L-123456-21

F4

LEtterscreen-Manual tickle only

Social Civil Part Balance Limit to sue

Less than $15,000

0

Logs you out of accuterm

What do you do after 20 years?

Motion to Revive

DOC

Outbound automated documents

Warrant of Satisfaction

Pays off post judgement account; Costs $35 to file in SCP

What to do if service is no good?

Post Office Verification - POV

Consent Order Withholding Execution

Post judgement arrangement will take over 90 days to pay in full, No active execution

Stipulation of Settlement

Post-suit, Balance in full after 48 hours, no urgency to have judgment entered

Consent Judgement Withholding Execution

Post-suit, Consumer owns Real Estate, It will take over 12 months for the account to be paid

F2

Put things on "hot"

How is IFC sent

Regular or certified mail

Is constable SPC or SUP

SPC

Is sheriff SPC or SUP

SUP

Balance paid in full post judgement case in NY

Satisfaction of Judgement

5 Steps (5 points total)

Send FDCPA File SAC Serve SAC AOFP PT AOFP CT

EXT

Shows extensions of employees

What do we do if POV is good in law division?

Substituted Service (Sub Serve)

F3

Take things off "hot"

Third party disclosure may not disclose -most important-

The presence of a debt to a third party

F12

Toggle between payments & costs

A bank restraining order expires after 1 year T or F

True

Once the consumer requests a VOD our office will stop all collection activity until it is sent. T or F

True

There is no limit to how often we can send restraining notices to an account T or F

True

You can call a consumers place of business to try to contact them T or F

True

You can only call between 8am and 9pm T or F

True

You may get as much info from the consumer as needed to process T or F

True

You must speak to them as if they were the least sophisticated consumer T or F

True

F6

Update Interest

What is a conditional release and when will you use it

Use it as NY post-judgement, the consumers bank account is restraint

F9

View attorney dictations

F10

View authors of noteset

VCR

View credit reports

VDF

View direct filings

DAT

View important dates on file

F5

View open tickles

F11

View payment details

V

View scanned images

Fully Satisfied Writ of Execution

When a judgement has been satisfied through execution. Letter isnt automatically sent to the consumer, however consumer can contact the court to obtain a copy of it

When is the bank levy necessary

When we can not get the consumer to voluntarily release the account

In the event that initial communication through a phone call, how quickly must the letter go out

Within 5 days of the call

How do we identify ourselves to consumers

Your name only

Stipulation of Dismissal

filed with the court if the consumer voluntarily pays off a prejudgement, post-suit account

Stex R/E

if they dont answer IFS we send sheriff, he inventories, if sub 1k its exhausted all prop

Docketing a Judgement

process of moving scp judgement to sup in order to obtain lien

Soldiers Sailor Act

- May not obtain default judgement against active duty military members

How many WEX's on 1 WEX writ?

- Only 1

What to do if SAC isnt served

- Reissue

IFS STEPS

- Send ifs - Motion to enforce litigants rights - Order to enforce litigants rights - Warrant of Arrest

How do we notify consumer of WEX?

- Send notice of motion of wex via certified and regular mail

Court Officer FEES

- Special Civil Part (constable) = 10% - Law Div - Wex 6% first 5k, 4% of rest - Bank levy - no fees

Certification of Levy

- We send motion for turnover which lets consumer know their account is frozen

Exemptions in Levy's

- Welfare, social security, alimony disability etc

What is default?

- When they dont file answer to SAC in 35 days

You can't sue after the....

-Statute of Limitations

What is a complaint?

-tells consumer they are being sued

How do we identify ourselves

1. Name and first initial of last name 2. Extension 3. Recorded or monitored line 4. Representative 5. Pressler Felt & Warshaw 6. Mini Miranda 7. Original Creditor 8. Current owner of debt 9. Current Balance

How many Questions on IFS?

17

How long do they last?

20 Years

After being served, how long does consumer have?

35 days

DEFAULT IN SCP

court clerk auto enters consumer into default

Jurisdiction Geographically

depends in which country the consumer lives in

Default in LAw DIvison

office must file a motion