piotrek04

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Everything posted by piotrek04

  1. Is there similar process as in special civil division? I did file petition in us tax court for IRS Notice of Deficiency. I just received Commissioner of IRS answers to my petition. It sated that I have received 2nd W-2 and I did not disclose in the income tax return. Question 1, can send interrogatories to the commissioner to ask for copies? Question2, how is the process at the tax court, I have never in the past dealt with?
  2. is this the right place to ask questions regards us tax petion? if it is not, where should go?
  3. It’s been quite for the last 3years. Now, I have started to receive collection letter from different agency than before. The agency is located in the same state of NJ as I am. Also, the collection letter demanding payment start coming in to my new home address, just bought house 5 months ago they probably run my credit report and saw mortgage and new address on the credit file.
  4. Can plaintiff re-open the original complaint from 2005 since back in 2011 was dismissed without prejudice and use the same complaint for basis on collecting the debt?
  5. Its 3 years now since the case was dismissed without prejudice. The plaintiff has failed to show up for the trial back in June 2011. How or what it takes to dismiss with prejudice this complaint. The complaint is about 8 years old now and the default judgment was vacated and dismissed without prejudice in June 2011. thanks, p.
  6. Chain of events in NJ Special Civil Part ---------------------------------------------------------- December 2006 – Complaint Served January 2007 – Proof of Service Filed in Court April 2007 – Default Judgment entered March 2011 – Default Judgment Vacated April 2011 – Trial, Plaintiff did not show at the trial April 2011 – Case dismissed without prejudice Questions: Can Plaintiff re-open the same complaint since 2 years has elapsed from dismissal without prejudice? How Can I close existing complaint once for all? To be dismissed with prejudice? Can Plaintiff file another complaint for the same credit card account, it has been more than 6 years now, and SOL has run out?
  7. no idea, but it was granted on the same date as order for summary judgment
  8. I am defendant in the referenced matter and I am familiar with the facts of this case. On December 23rd, 2005 Complaint dated 12/16/2005 has been filed with the court. On December 30th, 2005 Complaint has been served to defendant. On January 23rd, 2006 Answer dated 1/20/2006 was filed with the court. On January 26th, 2006 Plaintiff has sent Plaintiff’s Interrogatories to Defendant. On February 2nd, 2006 Defendant has hired Attorney XXX to handle and represent Defendant regards this matter since Defendant poorly spoke English and had no knowledge of the US Laws. Copy of the Retainer is attached to support this motion. On February 15th, 2006 Plaintiff has filed Motion for Summary Judgment dated 2/8/2006. On March 15th, 2006 Plaintiff’s Motion for Summary Judgment has been granted. On March 15th, 2006 Default Judgment has been entered in favor of the Plaintiff. On March 22nd, 2006 Attorney for Defendant has sent out letter to the court for adjournment request from the trail date of 3/24/2012 and to be rescheduled to 4/21/06. Copy of this letter is attached to support this motion. On March 24th, 2006 Trail has been cancelled. Attorney XXX is no longer representing Defendant in this matter. Since the Attorney hire time, Attorney XXX has not properly handled Defendant’s matter. Attorney did not respond or notified defendant of the current state or did not provided a legal advice of the current situation and possible legal actions against defendant. The Attorney has not tried or suggested to vacate judgment since it was just entered. To this date, the defendant did not have the opportunity to have adequate trail. Wherefore, defendant respectfully request to Vacate Default Judgment and reschedule for the new trial date.
  9. Can I use 1099-C to vacate default judgment or satisfy? Debt cancelled, but judgment still open.
  10. I am being sued for $2,700 for one of the Citi Cards Plaintiff has already filed compliant with the court for this dollar amount. I did ask for validation of the debt. Plaintiff has sent me a copy of the statements for the last 6months from 2008 without any explanation how this 2700 amount was calculated. The highest balance on the latest statement of Citi accent was $750. Plaintiff has never provided how the $2,700 was calculated, just attached statements. How can I dismiss this complaint? Can I dismiss based on the incorrect $2,700 claimed amount? If so, what is the law paragraph for this?
  11. I am being sued for $2,700 for one of the Citi Cards Plaintiff has already filed compliant with the court for this dollar amount. I did ask for validation of the debt. Plaintiff has sent me a copy of the statements for the last 6months from 2008 without any explanation how this 2700 amount was calculated. The highest balance on the latest statement of Citi accent was $750. Plaintiff has never provided how the $2,700 was calculated, just attached statements. How can I dismiss this complaint? Can I dismiss based on the incorrect $2,700 claimed amount? If so, what is the law paragraph for this?
  12. Not sure what to do. Need next step forward. 4 weeks ago I failed motion to dismiss complaint for failure to answer interrogatories to credit card debt. Also, I had a trail schedule last week on Thursday which I did not go b/c I was waiting for the motion’s answer. Yesterday, I have relieved a letter from court stating that my motion was denied, it was signed on Monday last week by judge. I called court today regards this and I was told that there was no objection, but judge anyway denied. Also, the case went forward for trail on Thursday. Since I did not go to court, it was marked as default. How can I reschedule a trial date? Or I have to file another motion. Can someone help me, not sure what to do next?
  13. Can Anyone replay stating what is the difference between these two 1099-C?
  14. Now another revised 1099-C came in by mail. Original states: Box# 1 Date of event: 12/31/12 Box#2 Amount Discharged: $5,516.65 Box#3 Nothing Box#4 Debt Description: Uncollected Debt Box#5 Borrower was personally liable for repayment of debt (name) -------------------------------------------------------------------------------------------------------------------------- New Corrected 1099-C is dated 1/14/2013 Box# 1 Date of event: 12/31/12 Box#2 Amount Discharged: $0.00 Box#3 Nothing Box#4 Debt Description: Uncollected Debt Box#5 Borrower was not personally liable for repayment of debt (name) Total amount of debt discharged: $.00 Can anyone explain what does the second corrected 1099-C mean and what should I do next? P.
  15. I am not interested about IRS portion. I need to know if i can vacate judgment and dismiss case based on 1099c cancellation of debt?
  16. In 2007 I have received a default judgment for my Bank of America Credit card. This judgment is still scheduled to show on my credit report until 2014. Today, in mail I have received 1099-C from Bank America for the cancellation of debt in the amount and dated of 12/31/2012. Does it mean, I am no longer liable for this debt and I can vacate judgment and dismiss case? Thanks, Piotr
  17. If I dispute one or more incorrect information and it successfully removed from the Equifax's Report does automatically gets removed from other reports like Experian's, Transunion or I have dispute on all 3 reports? Thanks, Piotr
  18. This is the letter that I received from attorney, I need help with my next step. In this letter, the copy of the invoice was attached. "Dear, As previously advised, New Century Financial Services presently owns the delinquent Credit One Bank. Visa credit account number: xxx. This office is in receipt of your letter dated June 6, 2012 in which you claim you do not owe the amount $$$$ and that this debt is not valid. This office is also in receipt of your letter dated July 16, 2012 in which you request verification of debt. Attached please find an account charge-off statement dated May 17, 2009 as verification of this debt. Please note that same bears your current home address. The account records reflect that this account was opened over four (4) years ago on May 12, 2008 and was last paid to the original creditor on October 2, 2008. In your letter of July 16, 2012 you note that you elect “private contractual arbitration via JAMS to resolve any disputes between us”. Please return a copy of the agreement in which you assert you have the right to arbitrate this claim. My return envelop is enclosed for your convenience in providing a legible copy of this agreement to me immediately for review. Should you have any further questions or would like to discuss mutually agreeable payment arrangements, please do not hesitate to contact this office toll free at xxxx. However, if we do not hear from you be the of business on August 3, 2012, my client may wish to proceed to file suit against you in connection with this matter Please be guided accordingly. Very truly yours, Pressler and Pressler"
  19. Correct, I did not have trail, case was dismissed without prejudice b/c the plaintiff did not show-up. My question is, if the plaintiff decides to re-open the case, how difficult it would be for him to re-open and how much time he has for this since it is 13 months since dismissal? Piotr
  20. I did call him to talk about it. I told him that is mistake, but he told me over the phone that I own him $1,900 for the service he provided (he did not allow me to explain why I think otherwise). Also, he sent me a separate invoice for $1,214 and stated if I do not pay within 30-days, he will proceed with legal action against me. Looking for help, not sure what to do next. I have not call Bar Association, should I?
  21. I had defaulted judgment entered 6 years ago. Last year in June, I had vacated default judgment and I went to trail. The plaintiff never showed up at the trail, therefore this case was dismissed without prejudice. 1. How much Plaintiff have time to re-open the case after been dismissed without prejudice? 2. Do I have a case to file a motion to dismiss with prejudice if so on what grounds? 3. I need to close this case once for all, need direction what to do? Thanks, Piotr
  22. In 2009 Pressler & Pressler filed complaint that I owed over $5,000 on a medical bill. As soon I received a copy of the complaint from court I hired attorney to handle this case. This case was settled during discovery for $500. The letter to file a Fee Arbitration is from my attorney that I hired him to handle the case with Pressler and Pressler. I have paid him $700 to settle the case which he did. Now 3 years later, he started sending me invoices that I own him anther $1,900 for the service that he provided during that case with Pressler and Pressler. Invoice includes fees for: showing up at the court for the trail, vacating default judgment (he never did service what he had included in invoice; case was settled at discovery therefore there was no judgment or trail ever). I think I have answered all your questions. Looking to hear from you. Thanks, Piotr
  23. What is this mean and what should I do next? I just received this letter last week. Do I have to respond or file a Fee Arbitration request? Thanks, “ Dear Mr…. Not having heard from you with reference to payment of the balance $1214.00 due in your matter. I am giving you the required Pre-Action Notice pursuant to Rule 1:20A-6 by Certified and Regular Mail to your last known address of your right to request a Fee Arbitration Hearing. Should you desire to do so, you should immediately call the Secretary of the Fee Arbitration Committee and request appropriate forms. If you do not promptly communicate with the Fee Committee Secretary and file the approved form of request for fee arbitration within thirty (30) days after receiving this Pre-Action Notice, you shall lose your right to initiate the fee arbitration. The name, address and telephone number of the current Secretary of the Fee Committee in this district is as follow: ________ If the statement is not paid or you do not file a Fee Arbitration request, you will leave me no alternative but to commence legal action against you. Your truly,______________ “
  24. About a year ago, I have vacated default judgment and the case was dismissed. The judge dismissed case without prejudice. What are the basis and what motion needs to include? Thanks, Piotr