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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?
Hello, Thank you in advance for your answers. This is my first post as I have decided to research my options in dealing with a lingering default judgement. I received a Default Judgement (served properly and never answered) in California more than 3 years ago. I originally owed a large bank about 10k (credit card debt), current balance sits at about 14k with fees and interest. I need to take care of this debt. Garnishment attempts have been made (I can see filing with court) but not successful. No bank account levy as of yet but attempts made as seen on court records. (5 years). Only property to my name is an older vehicle worth less than 2k. I do have credit cards at the moment that I use and pay monthly (2k line) My questions are: (1) What is the best plan of action to takle and get rid of this debt? - I cannot pay in full but I am willing to settle if it is an option (family willing to loan money). (2) Is settlement a realistic option at this point? If so, what amound do you suggest? (3) Should I contact a debt lawyer in my area? Any way to reopen the case? (4) Should I consider bankruptcy? I am in my mid 20s. Any other tips and suggestions are greatly appreciated. Thank you!