Against All Odds

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About 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
  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
  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
  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 cou
  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
  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
  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...a
  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