A private party purchased debt from a check cashing business in New Jersey. This private party sued Company A and Employee A for a check that Employee A cashed at the check cashing place, but was never paid by Company A (bounced check). This check was written about a year ago, but Company A was just now contacted by the private party about a month ago offering a Settlement, but threatening to continue with the alleged lawsuit if payment is not received by a certain date. I represent Company A.
1. Need someone to research weather the private party has filed a claim in NJ, and if so what the rules are for service of process on a corporation in NJ. The settlement letter was mailed to the owner of Company A's home- instead of their place of business. I need to know if this was proper.
2. Also, the private party is demanding Company A pay the amount of the dishonored check plus fees, and is demanding Employee A pay the amount of the dishonored check only. I need to know whether or not it is lawful for the private party to demand to be paid twice on 1 check.
3. Need to know whether Employee A can be penalized for cashing his/her payroll check without having had knowledge of any claims or defenses by the drawer of the check.
4. Need to know statute of limitations implications (if any)
- Experience with debt collection law in USA
- Knowledge of debt collection laws (federal and state)
- Must be able to do research and submit responses by 11/16/2012