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Showing results for tags 'vacate judgement'.
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Ok you guys. I have an interesting situation I’m in. I recently had a judgement against me vacated on August of 2017. During my hearing, my opponent (midland funding) did not show up. The court granted this motion and vacated the judgment. The court then moved on its own motion to reopen the case for a new hearing in December 2017. I went to the new trial and some random person (probably an attorney who has no idea about the case) she showed up to court to claim the debt and tried to negotiate outside the court. I of course wasn’t interested in negotiating at all since I never entered into a contract with them. Anyway, we sat back down in court and the judge asked me if I had received any papers at all directly in the mail. I said no — none. He then said, I was supposed to be properly served these papers because you need to know what’s in them. I said “Ok how do I get them” then he said to the attorney to send a copy of the documents for me to see. Then he followed up with saying he will reschedule this hearing to a new date in January 2018 so I can look it over. I went onto onto the court website and noticed they had filed a declaration in Liu statatement CCP 98 in October of 2017 of which I didn’t get a copy because they sent to an address that I haven’t lived in since 2013. I tried filing a motion to strike ccp98 but the window was closed for me to do so (according to the clerk) i now have two options from my research. I can do a motion of limine or I can do an ex party to ask the judge to let him know about my motion within the time frame I have before my next hearing in January 2018 and why I didn’t respond to their October 2017 filing. Which is more effective at this point considering the circumstances? I will also subpoena their “witness” to come to court but need to know which of the two options helps the most. Any legal masterminds out there that can help? 😊
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?
Cheers! In Oregon I received a summons dropped off on my doorstep/porch which was discovered by a younger than 14 year old child. I have now had the pleasure of discovering the messenger has signed an affidavit contending the complaint was personally delivered to me. I complained to messenger service and the DOJ but need to know what steps will effectively and on the record object to this perjury through affidavit? This improper delivery is just one element of flawed proceeding..... sigh Thanks for any input!