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Against All Odds

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  1. @shellieh98.... great info there. I guess I better be getting in contact with a BK attorney quick. Will be posting an update. Thank you.
  2. @Clydesmom - My apologies.Was on a much needed hiatus.....I guess one of my initial worries was having both a judgment and a bankruptcy on file. But yeah....that would be totally awesome if they ended up with nothing.
  3. @debtzapper My apologies. Was on a much needed hiatus.....very true, especially pro se debtors....and they are so blatant about it. The court officer actually guaranteed that there was no way I was going to win.
  4. @BV80 - My apologies....Was on a much needed hiatus. My thought was that the appeal would initially stop them from applying for a wage execution....would you happen to know if the filing of the BK stop collection activity or would the BK have to be finalized? But yes, I definitely see your point there.
  5. Let's get you all caught up. Midland Funding obtained a default judgement and garnishment. That was the first time I was even aware of the action. They filed in the wrong county. I motioned to vacate default judgment - improper venue, and won. Had my garnished wages returned. The case was then transferred to the right county. Midland filed a MSJ which was granted due to an inadequacy of my response. I filed a Motion to Reconsider which was granted...vacating the MSJ and setting trial. Midland filed a Motion to Vacate....which was granted on the day of trial - essentially reinstating the MSJ as originally entered. I filed a 2nd Motion to Reconsider which was denied. My basis for the motion was that Midland never proved they had standing to sue. Me thinks that that would mean the court never did have jurisdiction in the first place. Although NJ does offer post judgment motions, given the history here - i don't think that the judge would want to hear this case again. It's time for an appeal. As you can probably figure...the budget is tight. An appeal would cost $300 just to file the Notice of Appeal and then there's the transcript costs as well. In all probability I may have to file for bankruptcy - not solely based on this, but on the totality of my financial situation. Should I just go ahead and file for bankruptcy or give it just one last shot at the appeal. I don't yet know the implications of both a judgment and a bankruptcy on my credit...but as I said, I may have to do a bankruptcy regardless. Is there any benefits of attempting to avoid the judgment as well or should I save my money for the bankruptcy filing? Your thoughts are appreciated.
  6. Thanks @debtzapper . I was going to give Stern a call today. Somehow I didn't get around to him. I first learned of him on here and he's got some really good stuff. He's actually replied to my email before. Given his word of mouth recommendation here, I can see myself possibly working out a payment plan on an appeal in the event that no FDCPA violations were apparent. One thing that I haven't seen much of on his site is arbitration. My experience in legal land has shown me that they rarely want to hear case law from another jurisdiction. This judge actually told me my case law was irrelevant...and it was state case law. My thoughts are they would probably be more accepting of case law from their own federal circuit. We're in the 3rd Circuit. But am definitely looking up Meeler. An LVNV matter actually provided case law as to what was acceptible for summary judgments.
  7. Am considering my options here. I could first file a Motion for Reconsideration within 10 days ($25 filing fee and goes to the same judge). I could file a Motion for Relief from Judgement within 1 year ($25 fling fee and also goes to the same judge if still on the bench). The ultimate remedy is filing an appeal with the Appellate Division - that's the next higher court. After the Appellate Division is the Supreme Court...but they would have to accept your request to even hear the case, which is slim to none. The Appellate Division's findings could as well decide your fate. But I don't want to be paying $300 filing fee plus transrcipt costs for that just yet.
  8. Court Update: I get to court and they take attendance...attorney for plaintiff isn't present. Automatic dismissal you'd think? Nope...apparently, nothing happens for another hour when until they do the second call. Oh, and by the way...you are here for a motions hearing, not for a trial as the paperwork we sent you said (read, convenient for plaintiff because they don't have to produce a witness). Attorney for plaintiff makes it just in time before the second call an hour later. They send us for mediation to see if we can come up with a settlement....I decline. They send us back to the court room. Plaintiff had filed a MSJ which was granted, I filed a motion to vacate the MSJ which was granted and then they filed a motion to vacate court's reversal of the MSJ and reinstate the MSJ <<< this is what they were hearing. Being that it was plaintiff’s motion, they go first. The attorney argues that my motion should not have been granted because there was a suppression order in place. I argue that the attorney lied in his certification for the suppression order when he said there was no outstanding discovery due from them (I specifically requested the contract when they first obtained a default judgment in 2014 – subsequently vacated). Rules of court require the certification that other party is in default AND the movant isn’t in default. I think it’s prudent to say that a judgment that was not in compliance with court rules or that was based on fraud is void. But judge reinstates the suppression order. Then judge asks my basis of opposition is. Judge, I gave my basis in my motion to vacate the MSJ and also in opposition to plaintiff’s motion to reinstate MSJ. While we are at that, I have another motion that I cannot file because your clerks won’t accept it for filing because we’re too close to the filing deadline (ironically, my initial response to their MSJ questioned the timeliness of their MSJ and their response was that the date rules do not apply to the Special Civil Part). I called out the affidavit….affiant says the records showing ownership were not in their possession since they were not transferred. Then how can they prove chain of title – and subsequently, standing to sue. Their MSJ as originally submitted failed to include this information and they only produced 1 of the 2 chains in their opposition to my motion to vacate. Judge makes a judicial determination that they do not have to prove ownership. Allegedly, attorney showed up with the 2nd chain of transfer. I called out the “Transaction History” ….is this ever a replacement for a periodic statement??? I called out its authenticity because 2nd owner apparently had 3rd owners info in the footer at the page. I asked, so when 2nd owner had the account 13 years ago, they need they’d sell it to you JDB, so they put your name as the custodian of records in their footer??? And if JDB put the info in the footer themselves, it means they had the ability to manipulate the data themselves. Authenticity is in question here….no witness for me to cross examine. Then judge says but they have your phone number in there. Only after I pointed it out did he realize that even my alleged phone number was fictitious. So judge, if the phone number is fictitious…what are the odds the alleged transactions are either…after all, I argued that the math didn’t add up. The fees appeared to be outrageous, calling for me to again ask for the contract or statement that would have the finance rate….judge still not convinced. Judge says I never disputed the “Transaction History”….first of all…would you please stop referring to a transaction history as a periodic statement. Second, what proof does the plaintiff have that these statements were even mailed to me. Remember, I had the default judgment from 2014 vacated because they sent all documentation regarding the suit to the wrong address. If you sent the suit to the wrong address…how can you prove that I ever got the statements to be able to dispute them. I then bring up the arbitration clause. Attorney argues that I never raised it in my answer. Well, I would have raised it in my answer if you had provided the contract like I asked you to back in 2014. So yes, thank you to @shellieh98 for having brought up amending my answer. But no, judge could not be interested in me amending my answer. All he was here for was to hear the plaintiff’s motion. Despite, all those disputed facts, he reinstated plaintiff’s MSJ pro nun tunc or some crap like that…basically back to the original date it was granted. I also don’t know that a judge has the discretion to ignore a jurisdictional challenge. Thoughts anyone?
  9. Update: My request to adjourn was not granted. Plaintiff's Motion to reinstate MSJ has not been ruled on either. Looks like we're headed to trial. Again...they don't allow motions to be filed when the trial date is approaching, hence I am unable to file my MTC either. Am guessing we'll have to argue the motion orally - my guess is this will have have to be ruled upon before trial as I am challenging that court was the proper forum.
  10. Ouch...I just felt that too. So sorry to hear that. At this point you may have to retain an attorney. Is your mortgage automatically taken out of your account? You should probably be talking to your mortgage company
  11. Unfortunately there is no getting out of this one. NJ has held that challenging a judgement would have to be within a year of the date it was entered. At this point....it appears you also missed the application. However, in that notice...you are given the option to object (pointless in your case - you'll never get it vacated) or asking for a reduction. They'll grant you a hearing within 7 days. They'll can only take 10% of your income after taxes if you earn less than 250% of the federal poverty level for your household size or up to 25% if you earn more than 250% of the FPL. Bankruptcy may be your sole savior at this point.
  12. I would think there would be a notation somewhere in the mailing that indicate what the date of service was. In the absence of that, the rules of court would indicate what applies. For instance, my local rules of court say service is assumed within 3 days if made by mail e.g. if plaintiff mailed out the correspondence Aug 6th, court determines that I was served Aug 9th and my 20 days would be Aug 29th. Back to your rules of court again...some courts require that service be made by both regular and certified mail. If the regular mail was not returned, then they'll assume the service was valid. Don't know what the rules in Washington are...that would be best answered by other forum members from your area. I think your thread would have drawn more responses if the state was in the title. As you mentioned, it would appear that you can access case info online...try that and see if you can see any notations as far as filing dates. if it's not available, a trip to the courthouse or phone call may be necessary. For your sake, let's just hope that the day you signed for the certified mail is acceptable. The July 10th or 15th dates do you no justice at this point....they are both past the 20 days. The application itself doesn't authorize the bank to freeze your assets, they can only do that once they receive the writ of garnishment.
  13. I have seen wage garnishments that ended up getting overturned and all garnished wages returned. In that situation...the JDB was using a wrong address to mail the notices etc. Alleged debtor only learned of it when their paycheck was short. They ended up motioning the court to vacate the default judgment due to not having being served and the wrong venue as well. To your case, I don't know that you can establish 'excusable neglect' in not having responded to the sermons. That would be one of the only ways to vacate the default judgment. As far as, stopping the direct deposit for Friday...any garnishment is not gonna happen by Friday. The 20 days they gave you to respond must expire. You definitely need to send in a response. If it's meritorious defense, a hearing may also be scheduled. Either way, a judge would have to sign off on it at some point after the 20 days. I know for Social Security and disability...they can't touch those. State assistance might fall in the same category.
  14. I recall a story in the news too about Wells Fargo harassing an elderly lady over the phone. They antagonized her and told her she can go kill herself. Then they called 911 and claimed she was suicidal. Poor lady then had unwarranted medical bills on top of that. But yeah, that is crazy.
  15. @BV80 I gathered from this blog that Philip Stern is not only one of the best lawyers in this state, but in the whole country. He does have a lot of resources on his page. I just got the advice about filing an amended answer today from @shellieh98. Last time I went to the courthouse to file papers, they indicated that they may not be accepted without an adjournment being granted. Last time I checked case status online, said papers hadn't shown yet. I subsequently filed my adjournment request. Yes...researching case law as well. Any thoughts on pros and cons of filing several reliefs in the same motion or would you file a separate motion? My thoughts are that a consolidated motion makes it easier for the court to issue a blanket denial whereas separate motions would have them rule on each individually.
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