EPAJ

Members
  • Content Count

    10
  • Joined

  • Last visited

Community Reputation

0 Neutral

About EPAJ

  • Rank
    Member

Profile Fields

  • Location
    Arizona
  1. I looked up Rule 141c and it says that "A motion under Rule 141(c) must be filed within a reasonable time, and for reasons (1), (2), and (3), within six (6) months after the judgment or order was entered or after the proceeding occurred." It has been longer than 6 months already!
  2. The reason I was asking is that I found another post on here that seemed to not recommend doing that:http://www.creditinfocenter.com/community/topic/327133-served-with-a-one-page-complaint/?do=findComment&comment=1336794: Do you think I should write it out the way Just Me Asking did? The blue lines are responses from Clydesmom. Clydesmom: "OMG I do not know where you cut and pasted that from but DO NOT USE THIS. You cannot type up an answer with every legal defense ever used in a case and throw it at the court to see what sticks. ALL that document will do is tell the Plaintiff and the court in technicolor that you are absolutely clueless and they will steam roll you with the rules of civil procedure. Most consumer attorneys will do the first consult for free and by phone if needed. Go to www.consumeradvocates.org and find one in NJ. There are several excellent ones. If this really isn't your account they will probably take the case on contingency at no charge to you up front and handle it. You are in over your head and could very well end up paying this company for a debt that isn't yours if you proceed in a reckless fashion."
  3. I don't know that any of those affirmative defenses will apply? For the Response to Motion she is writing that she would like the court to "Dismiss the Complaint together with any and all legal fees, and any costs of suit, to be taxed." and that she did used to live at the address specified but that "2-9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in this paragraph and accordingly the allegations are DENIED. Plaintiff is left to its proof. Defendant reserves the right to invoke private contractual arbitration in accordance with any agreement that may exist between the parties." Legal support is left blank. Is that sufficient? For the Motion to Set Aside Default she wrote that she would like the court to "Set aside judgement according to rule 23b." and for the Statement of facts she wrote: I was not served and the Certificate of Service that was filed is not accurate. There was no screen door and I never showed myself through the window to anyone. I never saw the Summons, Complaint, or anything for this case. " Legal support is left blank. She was thinking of including a photo of the front door with no screen? Thanks for any help!
  4. She got a copy of her certificate of service for this case. It says she personally was served! After I read it to her, she did remember someone coming to the door and sticking a thin paper into the door. She barely spoke english and certainly did not understand the paper...and her husband never explained it. At the time, she had no clue what it was about. The funny thing is, the process server said she left the Summons, Complaint & Notice to Defendants in the screen door. There was no screen door! My friend never even saw a stack of papers, only the small paper slip mentioned above. Furthermore, the process server also claims that my friend agreed to look out the window so that she could see her. My friend says she NEVER agreed to any such thing. They don't even have a window right by the door!
  5. It is a little over $4000. Which are the JPs that are good? We are going to the one in Apache Junction.
  6. It is in Justice Court. We went last week to file an answer to another case she didn't know about... that was just filed by Midland Funding (we used info from this forum). The judge granted a deferral of fees so I hope he will do the same in this case. The only reason she knows about anything now is that she has a different address that got registered by the court after her divorce.... Thanks!
  7. Thanks so much for all your time & help! I found a form at the Pinal County Justice Court called "MOTION to SET ASIDE / VACATE JUDGMENT ". Is this the correct form? It asks if "an oral argument is requested" or if it will be "by agreement". I am not sure what that means. Is that what you meant by #5 to see if arbitration is available? For the response, would she file the "RESPONSE, REPLY TO MOTION" Form? This form also has a check box that says "Oral Argument Requested". Does she qualify for Rule 23b if it turns out that her husband was served? He was very secretive and kept things hidden from her. I understand that the actual person does not need to be served....but it is unfortunate that she never even knew about it. Thanks again!
  8. Thank you.... The only problem is, she couldn't afford a divorce attorney and did the divorce herself. She split everything 50/50 including debts. He never responded or revealed any debts...she knew they probably existed but mostly wanted to end the relationship without making him too angry. He is very intimidating and has been trying to hurt her in any way he can.
  9. A friend of mine in Arizona recently divorced her husband. She just received a letter in the mail from JH Portfolio that is a Subpoena for Production and Copying of Documents. She has no income and no assets other than her car. Her husband is a veteran on disability. He is not paying her any spousal support. If they were ever served...most likely they were...he never told her anything about it. Any advice on what she can/should do at this point? Although she has lived in the US for 11 years or more, married to the same man, she never applied for US Citizenship. She would like to do so now, but is worried about how it will look to have cases filed against her so she would like to clear it up. She is currently residing with friends until she gets her life together. Any help would be appreciated! I looked up her case and found the following activity: 3/23/2016 SUBPOENA P 1 3/23/2016 FUND: FEES - MISC P 1 5/12/2015 DISCHARGE OF GARNISHMENT P 1 4/17/2015 CERTIFICATE OF SERVICE P 1 4/3/2015 WRIT OF GARNISHMENT FILED P 1 4/2/2015 FUND: CONST ETHIC COMM FUND P 1 4/2/2015 FUND: FEES - MISC P 1 2/13/2015 CERTIFICATE OF SERVICE P 1 2/4/2015 FUND: FEES - MISC P 1 2/4/2015 FUND: OVERPYMT FORFEITED P 1 1/30/2015 FUND: FEES - MISC P 1 1/30/2015 SUBPOENA 12/12/2014 CIVIL DEFAULT JDGMNT GRANTED 11/25/2014 MOTION FOR JUDGMENT P 1 9/9/2014 APPLICATION/ ENTRY OF DEFAULT P 1 8/5/2014 CERTIFICATE OF SERVICE 7/15/2014 CIVIL COMP FILED P 1 7/15/2014 FUND: PC JUDICIAL ENHANCEMENT P 1 7/15/2014 FUND: BASE FEES