ADR_NJ_080

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About ADR_NJ_080

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  1. Yeah I was thinking about filing chapter 7 bankruptcy but I have no idea what goes into that. I plan on doing a lot of research over the next 2 weeks or so and then make a decision after that. But, time for me to get back to research!
  2. Ok so here's my story: I have had problems with my credit for like 4 years. But, last year I ordered some designer drugs online and I guess a bad mixture somehow, cuz the mixture sent me out the window, falling 2 stories. So my life hasn't been fun since after that happened. But I'm starting to heal, the only problem is that I still have problems with my credit. I guess the first part would be that I need to heal enough to have a job. Once I have a job, I can start paying off debt that I owe and rebuilding my credit. But I'm several months or years away from that. But what would be the best
  3. Oh ok. So they dont even really bother trying to contact me. But when i start rebuilding my credit, however long that takes, they will contact me eventually and try to get the money that I owe them?
  4. Hello everyone!I realize that haven't written in here in more than a year and a half, because of a situation too lengthy to explain, but I have a question... so I had like 8 credit cards and only one has a summary judgement against me, but the rest haven't contacted me in like 3 years. Any idea why that would be? Any help would be greatly appreciated. Thanks! -adr
  5. Ok so I finished my Motion for Reconsideration. To summarize, here are the major points I'm arguing: 1.) NJ does not have a long history of appeal case law with regard to Junk Debt Buyer cases, so we need to consider federal decisions and other states decisions. I recognize that other states decisions will not have great influence on him, however it will advance my point that NJ simply does not have enough information on how to proceed in JDB cases so we must look to other sources. Philip Stern argued this, as I said, in his one appeal that he filed (it was in NJ). He argued the same thing,
  6. Oh definitely. I'd be quite surprised if he reversed his decision. This is true. But I did file an affidavit denying the debt w/ my motion for reconsideration that I sent today. Maybe too late too late but there's no reason it cannot be accepted. The rules say new evidence can be considered. Right. I made payments to the card as seen on the statements so I have no idea how I could possibly deny that. But there were other things that made up the decision, other than just that issue. I suppose. But there are clear objections in my opposition and motion for reconsideration, so
  7. Ok so one more quick comment here before I get back to writing... In Stern's email he told me to take a read through his recent brief's for MSW and New Century, so I scanned through his website and found the MSW case: http://www.philipstern.com/files/20121119.Brief_filed_.pdf Interestingly, he's taking this argument in a very different direction than what I would have initially suspected. He's actually taking it in a direction that I was starting to go in, which is to EDUCATE the NJ courts by citing a long list of references to prove his point. He goes on to state that there isn't a lot
  8. I'm taking another read through CAVALRY PORTFOLIO SERVICES, LLC v. SHARMA and I see that the appeals court has stated: "To be entitled to summary judgment, a party must establish by competent evidence that it is entitled to the relief sought. See Claypotch v. Heller, Inc., 360 N.J.Super. 472, 488-89 (App. Div. 2003). Consequently, a purported assignee of a credit card account must show by competent evidence the existence of the account." I know we've talked about this 100 times before, but is it really correct to for the judge to simply say "well you used to card, so a contract existed..."
  9. Yeah I got ya. Well I'll mention it anyway. The biggest problem I have is making this clear and concise. I have a habit of making these briefs and opposition type things way too long. Any suggestion as far as a MAXIMUM length for the motion for reconsideration? I get the feeling the judge doesn't really like to read long papers like my previous 6 page single spaced opposition to summary judgement, so I want to make this shorter but more to the point. Or, maybe I'm wrong, maybe these things are always expected to be long?
  10. oh boy now I'm getting quite off topic haha... Well I guess I started it. But by that i assume you mean theres either: a non interference engine (rarely needs a new engine from broken timing belt) or, an interference engine (almost always needs a new engine from broken timing belt). Unfortunately I have the interference engine, found on most newer cars which means the valves in the engine get bent when the timing belt breaks. I also called a hyundai dealer (type of car I have) and asked how often does this happen with my car and they said in her experience 100% of the time. Now of course I'm
  11. For anyone who still has interest in following my care, here's the reply from Philip Stern regarding the previously discussed affidavit in support of MSJ: "The "affidavit" uses the language permitted under NJ Court Rule 1:4-4 to be a certification in lieu of affidavit.She does not state for whom she works, only that she is a "Legal Specialist".She states the contents of records which, I am assuming, have not been admitted into evidence. That is inadmissible hearsay. She can no more testify about what someone told as she can about what she read.Take a look at the Appellant's Brief and Repl
  12. Yeah seriously... maybe I should actually say that in my motion for reconsideration, just as a metaphor for how important this stuff is. Though, being a judge and all, you'd think he'd take this stuff a little more seriously? If I accomplish nothing else with my motion for reconsideration, I'm at least going to give the judge a little education on midland funding and their history of paying 3 cents on the dollar for accounts and suing for the full amount, or having judgements in 4 or 5 states from false affidavits, etc, as well as constantly breaking FDCPA rules. It's entirely possible he j
  13. Ok... well that idea goes down the drain. So assuming that's true, theres no legal way I could invalidate this affidavit, other than by personnally attacking sherron eisenhart based on her criminal-esque past? Actually, I suppose it's possible that the judge did not see that this address in Minnesota is ALSO midland's address. Maybe he thought it was someone who worked for Chase? I mean, the affidavit specifically avoids saying that she is an employee of Midland and instead says only that she is a "legal specialist". Maybe I should also bring up the fact that this affidavit only attests to
  14. Holy smokes, nice. I actually almost missed this post. That's ... awesome. But wait what is the source for this, like the website? I could not find ANYTHING on her when I searched the googles. If I can get the judge to agree that this is the same person, then that would be a HUGE help.
  15. Well he did use proper procedure to allow me to be heard but he made some gross errors in the requirements of evidence. The appeals court would agree that he did give me my "day in court", he made a decision based on terrible evidence. But you're right, it appears me not having the affidavit was a big mistake. Thus why I'm including it with my motion for reconsideration. I am including that in my MFR but maybe I should focus on that a little bit more. He def did NOT view evidence in a light most favorable to the non moving party. But the thing is, I CAN'T deny credit with OC, can I