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About joem

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  1. According to State Rules there is a 6 month time limit and dismissal of inactive civil cases. That is reason they are asking for Order to Vacate Dismissal. In subsequent written correspondence, the collector lawyer asked for payment, and if I did not agree with the balance to forward to them documentation to correct the amount owed. Thats why I believe they don't have supporting proof of debt, and could not get Default within required time. I have never responded to their written or telephone call messages.
  2. I received from credit card collection lawyer a Motion to Enter Default, and Order Vacating Dismissal. The original Summons and Complaint was served to me 4 and ½ years ago, which I did not Answer. I assume the case was dismissed for lack of prosecution. (They did not enter default at that time) My credit report shows this account was closed 6 and ½ years ago, and is scheduled to be removed from credit report this month (July 2008). The credit report shows balance approximately ½ of what they say on original Complaint. This motion is beyond the 6 year statute of limitation, and they misrepresented amount owed. Should I respond to this motion now, and what do I need to say ? Or wait until they try to get Default Judgment ? (They may not be able to get Default Judgment because this account was purchased twice and they may not have documentation.) If they are in violation of State and Federal Debt Collection Statutes, should I pursue those options ?
  3. I'm not sure how I could make payments with a check that has another's name/address printed on the check, and would'nt they have to sign ? Would this be interpreted as another party making payment ? I thought I would list the bank accounts in the subpoena, to avoid perjury, and later close them out to avoid a levy fee ( about $100), and then reopen new accounts for my checkwriting. But would this be a problem if I have to report all accounts in my bankruptcy papers ? Thanks for comments.
  4. I am answering an information subpoena for a credit card debt. The original creditor was Bank of America, but was assigned to new creditor. I am asked to list names of Banks that I have accounts with, and account numbers. I have saving and checking accounts with a bank that recently merged with Bank of America. Should I close these accounts so I could prevent a setoff ? I would prefer to keep them, with low balances, because I am planning to file Chapter 7, and may have difficulty opening new accounts after I get my Disharge. Thanks for comments.
  5. I received a Notice of Arbitration from National Arbitration Forum on Jan 6, 2005 for credit card debt to MBNA that I defaulted on over 3 years ago. The debt had been sold three times. The latest purchaser is Capital One, with NCO Financial as their collector, around Oct 8, 2004. I did not request verification or validation within the 30 days. I have 30 days to submit a Response (Feb 5.2005), but I don't have a Defense. I can demand a Document or Participatory Hearing. They are requesting an award that includes $1,250 for attorney fees, and all Arbitration fees. I have been unemployed and do not have assets, and am planing to file bankruptcy in the next several weeks because I have other debts. I'm not sure how I should handle this: Ask for more time to submit my Response (so I can file bankruptcy), demand a Document or Participatory Hearing, or request for verification / validiation ? A six page copy of the Credit Card Agreement was completely illegible due to low ink and smearing, so I am prevented from knowing if I have any defense in the contract. However, they did include a legible copy of the Arbitration Provision section that states: "This Arbitration Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us." When I file Bankruptcy or obtain a Discharge, will the Arbitration award be valid ? Your comments are appreciated.
  6. joem

    execution and levy

    I talked to the legal department of the main bank who said the local bank refused to write a letter saying I am not a co-owner of the account. They also said the account has been frozen. They will probably put in a motion to turnover funds, at which time I can object and prove its not my account. If I file bankruptcy in the meantime, will the frozen account be restored ? If their turnover motion is granted, and the judgment paid, will the bankruuptcy filing force them to return the money because it is considered a preference payment within 90 days of filing ? Thanks for comments.
  7. joem

    execution and levy

    The bank account they are trying to levy belongs to my parents, but somehow my name appeared on it, probably because I had always called the bank to inquire about CD rates on behalf of my parents. I immediately called the bank legal department, and bank manager who all agreed it was not my account, and said they would take care of the problem. I'm hoping they do. I believe the creditor atttorney may be contacting banks in my local area. I have 3 accounts with very little balances, but I use checking accounts to make monthly payments (phone bill, etc.) I'm more worried about the sheriff showing up with some kind of search order. I have not received anything from their office. Should I contact them to obtain exemption forms ? I'm sure I am well under any limit for personal property. If I file the forms will that stop them from any further search ? Or do I need to file some kind of motion for temporary injunction or stay of execution ? Where can I get further information on the execution process in my State, and what is covered for exemptions. I have tried to find NJSA statutes, but have not located them. Thank you for your comments.
  8. A few days ago I received papers from a bank indicating a levy on an account, and an execution order on personal property and real property. Should I be worried about the Sheriff showing up to inventory or take my personal property for sale. The execution specifies 2 years for the Sheriff to proceed. But if there is a sale, they must report proceeds within 30 days. Is there anything I can do to stop any inventory or sale ? I should be given notice so I can claim exemptions on personal property. I am planning to file Bankruptcy Chap.7 in the near future. Thanks for comments.
  9. This is a continuation of my prior posts "case dismissed" On June 11 Judge granted plaintiff (Discover Card) motion to vacate prior dismissal order of Court of Feb 15, 2003 and enter default and default judgment. But on June 9, I filed motion to extend time to respond and object to their motion. The clerk told me Judge would not be able to rule on my motion until next motion day of June 25. On June 21 the plaintiff sent me their response objecting to my motion for more time. I called Clerk and asked for oral argument because I indicated oral argument on my papers if there was objection. Oral argument was scheduled for July 9th. I filed my Response / Objection to their original motion to vacate dismissal and enter judgment on July 1. My Objection stated three matters: I could not answer the summons of Feb. 8, 2003 because case was dismissed on Feb 15, 2003 for lack of prosecution. Rule in Law Division prohibits entry of Default Judgment when mailed service is used, and requires personal service. Judgment / Order cannot be vacated after one year of its enrty date, and time cannot be enlarged by parties or Court. At the Oral Hearing Judge discussed the service by certified mail, and told plaintiff attorney that they needed a Court Order to serve by mail and obtain a Default. He then wrote order to vacate the default and judgment of June 11, and added: Defendant has 10 days to file an Answer or Judgment will be re-entered. He did not discuss the one year time limit had been exceeded by the plaintiff by three months, and the time could not be enlarged by Court or parties, according to Rule. Case should have been dismissed ! I'm not sure if I should file an Answer to the original complaint, or have the Judgment re-entered, or file a Reconsideration motion, or file for Bankruptcy because I have other debts. Thanks for Comments.
  10. I was supposed to submit my opposition to their motion, but I realized I needed more time, and today the Judge will give his decision on the papers submitted. A few days ago I filed a motion for extension of time, but the Clerk told me the Judge will not look at it until the next motion day on June 25. I called the Clerk this morning who asked me if I would like to enter my motion for June 25, or to not enter it, because she did not yet have my papers from the file office. I told her I would let her know later today. Can this be an important decision, because I am considering a reconsideration motion, or appeal to Appelate Court, or a vacate of Judgment against me. By entering this motion now, would this then enter my appearance and give Court personal jurisdiction, where previously they did not have it because I did not Answer Complaint. Thanks for response.
  11. To: Recovering Attorney I'm not sure I understand: what grievance committee ? Thanks for reply.
  12. Thank you for your comments. I agree with Metthus. The plaintiff is trying to imply that they have a valid judgment against me, where if fact the case was dismissed before I had opportunity to Answer the complaint. I only had 7 days to answer, from day of mailed service (Feb 8 ), to day case was dismissed (Feb 15). The Rule says I have 35 days to answer complaint, and thereafter enter default. In addition to the above. the plaintiff attorney sent me papers Cerified mail on April 14, 2003 (dated April 9), stating: "Request to enter default, and application to enter default jugment". When I called the Court Records they said no new papers were filed because the case was closed. Again this appears that they were misleading me to think they have a judgment. Thanks for responses.
  13. I spoke with an attorney who said they cannot get a default against me because I was not personally served. I'm trying to handle this Pro Se because I cannot afford to pay attorney. There are conflicting Rules on this. One Rule says that effective service can be made by mail, after failure of personal service. The other Rule says optional service can be made by mail, but if there is no answer, default cannot be entered. Can anyone clarify these rules. Thanks for response.
  14. I received a notice of motion for credit card debt on May 15, 2004, stating "Motion to vacate and set aside Dismissal for lack of prosecution; Enter Default; and Enter Final Judgment by Default". On Feb 15, 2003, this case had been dismissed by the Court because of inactivity for 6 months from the original date of filing summons / complaint of Aug 2, 2002. The original complaint / summons was returned unserved by the Sheriff on Aug 16, 2002 because I was not home. There was no followup service until Feb 8, 2003, by certified mail which I signed for. The case was dismissed by Court on Feb 15, 2003, so I never bothered to answer. My question is: Should I oppose this motion now, saying I could not answer in Feb, 2003, because case was dismissed, and therefore there was no Default at that time. Also, are there any violations of FDCPA, since they're taking almost two years to process original complaint, and they're charging me 19.8 % interest. Thank you for response.
  15. I am planning to file bankruptcy Chap.7 within the next several weeks. When is it best to purchase a car: before filing, after filing but before creditor meeting, after creditor meeting, or after discharge ? Can I use both the motor vehicle exemption, and the wild card exemption ?