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Showing results for tags 'improper service'.
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I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my address with Motor Vehicle back in early 2010. The original debtor was Target National Bank. My primary defense is lack of personal jurisdiction, improper service. In addition, the city I moved to was in an entirely different county from where the lawsuit was filed. (Filed in Cumberland County, NJ and I reside in Salem County, NJ). I am hoping to win the motion without putting much emphasis on the County difference. I am comfortable with the current judge and don’t wish to change venues unless it is my only option left. Soon after I filed the Motion I received a letter from the Plaintiff's attorney asking me to prove my address from November and December 2011, when service occurred. As far as I know I already did provide proof of address change and enough documentation to show a pattern of my whereabouts during this time period. I am not sure if I should send them something right away or wait to see if the judgement is vacated? I have requested they Validate the Debt already and Pressler & Pressler refused since they had already won the default judgement. In any case, if my motion to vacate is successful, I would assume Midland Funding will attempt to refile. They might refile in Salem County this time, or attempt to restart or refile in Cumberland County. NJ Statute of Limitations on Debt Collection is 6 years. Since the original date of default on the debt is from 2008, is this debt now considered time-barred? Or is there any reason the statute of limitations would be ignored or reset? Of what issues should I be aware?
Myself and my Exwife are being sued by General Counsel of Wells Fargo Bank, NA for a Line of Credit Visa account pledged against our home (now her Home) as signatories as officers of a corporation (now suspended) in California. She was served the papers but I live in a different part of the state and was never served. Does this sound correct? We are legally divorced and the debt was assigned to me, not that it matters since we both signed the alleged application for credit. Is this failure of service significant? How should it be addressed in court? I/WE have a case management conference in a week or so. Thank you!