NJ Courts Hand Financial Cos. 2 Bonuses In 2014

Law360, New York ( December 5, 2014, 3:38 PM EST) -- This year, our federal and state courts have issued some interesting rulings that affect the balance of power between debtors, creditors and creditors' attorneys in New Jersey. In some aspects, our courts have made life easier for creditors. For example, it is now settled that a creditor need not produce an underlying account agreement to prove a breach of contract claim and can rely exclusively upon its own electronic records in doing so. In other aspects, our courts made life more difficult for creditors and their attorneys. For instance, there is now precedent which holds that attorneys collecting on the very debts mentioned above, while not needing to produce the underlying account agreement to prove their client's case, cannot, nevertheless, rely exclusively upon their client's electronic records in filing a complaint. Classically, this balancing act only goes to show how creditors and creditors' attorneys must walk a fine line when seeking to collect money that is owed. Here is a brief overview of some of the decisions from the past year that affect this area....

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