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Showing results for tags 'never served'.
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?
I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
So, Obvisouly I need some advice asap. My wife and I are in the process of buying a house. When the mortgage broker pulled up our credit report, it stated that there was a judgement against my wife. Well, we were shocked, of course. Beucase we never received a commons. the problem is, is that we lived in new york and moved to Pennsylvania in 2011. When we checked the court documents online, the summons and judgement were issued in 2012. The company suing us is CAVALRY SPV I, LLC. On the compliant submitted by Cavalry to the court, it does not mention any account numbers or anything else. All it mentions is that my wife owes them $9k plus $4k in interest. So. My question(s) is: 1. Can I have this case moved to Pennsylvania from New York so that we have an oppurtunity to reply to the complaint. 2. How do we have this removed from our credit report? 3. Obvisouly we want to fight this, because we have no clue where this is coming from. 4. How can they get a judgement against us if we have never received a summons, and we do no live in new york anymore? We really have no clue where to begin. We called the courthouse in new york. No much help except for helping us get all of the documents that were filed in court and no where in the court documents does it mention why my wife owes them money, or are they collecting a debt on behalf of anyone, or account numbers We have to get this off of our credit report, otherwise noone will give us a loan to buy a house. And, just on principal, this is not right. So, can anyone please kindly guide us and help us out? Thank you very much, T