Against All Odds

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Everything posted by Against All Odds

  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 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 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 appears you also missed the application. However, in that 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
  16. They use the terms; newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time. As most of us already probably figured out, plaintiff's rarely attach this evidence in their pleadings thus it could be reasonably argued as such. Clerks office at this point would refuse any filings, hence in my adjournment request i did indicate that it was due to newly acquired evidence which by due diligence could not have been discovered in time. Here is the standard they use to test if a party implicitly waived its right t
  17. Based on federal law or SCOTUS rulings, has there been instances in which a court refused to dismiss?
  18. I'd only be able to if they grant an adjournment. The big damper here is the proximity to the trial date.
  19. In my state I don't know of a CCP 98 equivalent, but plaintiff's use an affidavit for obtaining an MSJ. Supposing that doesn't work and the matter goes to trial...would the defendant still have to subpoena plaintiff's witness? My thought is if they showed up at trial without their witness then the attorney wouldn't be able to admit evidence into the record as they are not allowed to testify
  20. @BV80, At the time i filed my answer, I was not aware that there may have been an arc clause in the contract. As I was saying in the post above - I believe that a MTC is technically a jurisdictional challenge, which could be raised in the answer or by motion, which would have to heard before trial or if the court decides, at trial. Defeating a MSJ usually requires that you show that there was at least 1 disputed fact...i had attacked their attached affidavit and evidence. The court did not give a findings of fact and conclusions of law, MTR went in unopposed as attorney fil
  21. @shellieh98. One thing that i found to be a problem is the number of days available to file a motion before trial....opposing party usually has 10 days to respond etc. I stand to be corrected here, but isn't a MTC private arb technically a jurisdictional challenge? For jurisdictional challenges, you are allowed it raise it in the answer or by motion and it shall be heard before trial unless the court determines that it will hear the motion at trial. I sent out the Demand for Arbitration before JAMS to Plaintiff and asked the court to adjourn trial date to allow the plaintiff to voluntarily
  22. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Shall remain unnamed 3. How much are you being sued for? Seven Five 4. Who is the original creditor? I”ll leave this one out too 5. How do you know you are being sued? Complaint 6. How were you served? Mail 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you li