1. How do I place my claim with Sklar Law, LLC?
You can place your claim with us in several ways. One way is to simply complete the claim placement form on this website and we will contact you to review your claim. You may also email us with the pertinent information. If you prefer, you may always phone or fax us with your claim details. In all cases, we will perform a conflicts check to make sure we can handle your claim and will then contact you to discuss terms of our representation.
2. How long will it take to collect my claim?
This will depend on whether it is necessary to file a lawsuit to enforce collection. We generally recommend filing suit if your debtor will not resolve the claim amicably at the outset of our collection efforts. With recent budget cuts many New Jersey Courts suffer from staffing shortages that delay the processing of routine paperwork in both contested and uncontested cases. Contested lawsuits are typically resolved in 6–18 months or less, depending on whether the matter is heard in Special Civil Part (for balances less than $15,000) or Superior Court (for balances in excess of $15,000).
3. Can I recover my attorneys’ fees from the debtor?
You may be able to recover reasonable attorneys’ fees as determined by the court if you have a written agreement signed by your debtor that contains a provision allowing either one or both parties to recover attorneys’ fees in the event suit is filed to enforce the agreement. In a contested case, you can recover your fees only if the court determines that you are the prevailing party. Unless there is a statute providing for the recovery of attorneys’ fees in your specific type of case, you will not be able to recover attorneys’ fees without a signed contract providing for them.
4. Can I recover interest and court costs from the debtor?
If you are the prevailing party, then you may receive an award of certain costs that are considered to be legally recoverable (filing fees, service of process, etc.). Not all costs that you may incur are recoverable through the courts. Interest is also recoverable provided that your damages are certain or capable of being made certain by calculation, and you have a written agreement that allows for interest.
5. What happens if the debtor files for bankruptcy protection?
In the event of a bankruptcy filing, federal bankruptcy law mandates that all collection activity must immediately cease. If there are assets in the bankruptcy estate of the debtor, a creditor may file a proof of claim with the court in which the bankruptcy is pending. There may be other action to be taken in the bankruptcy proceedings depending on the type of bankruptcy filed and whether you as the creditor are secured or unsecured. We are available for consultation to determine what steps, if any, may be appropriate in your particular circumstances.
6. Does your firm collect in other states?
We do accept claims for collection where the debtor is located outside of New Jersey. We also personally handle matters in which the debtor is located in Pennsylvania. In the event we are unable to collect the obligation ourselves, we know attorneys throughout the U.S. and abroad through our membership in the Commercial Law League of America and other organizations to whom your matter could be referred for collection. Should it be necessary to forward your matter to out of state counsel, we will monitor the handling of your claim by the receiving attorney.
7. What areas of New Jersey and Pennsylvania does Sklar Law, LLC cover?
We cover the entire state of New Jersey and all of Southeastern Pennsylvania, including Philadelphia, Berks, Bucks, Chester, Delaware, Lehigh, and Montgomery counties.
8. Do you domesticate and collect judgments?
Yes. We can turn your foreign judgment into a New Jersey sister state judgment and enforce that judgment here. We can also take your New Jersey judgment and have it domesticated and enforced in another state through our long standing relationships with other attorneys all over the U.S.
9. Are my collection claims bonded when we place them with your firm?
Your claim can be bonded if forwarded to our office over one of the law lists to which we subscribe, a list of which can be found on our website.