maddashell Posted December 31, 2007 Report Share Posted December 31, 2007 is there any possibillity of having a 10 yr default jud vacated in new jersey on the grounds of not being served i moved at the time and never new my wife and i had this djudgment on us.It never showed up and we just bought a house. But a letter from what seems to be from an attorney that is associated with the plaintiffs attorney(he says) is demainding an information subponea and when we did not give him this he is moving to have my wife arrested for cotept .The dept went from 3100.00 to 4800.00 dollars. MOST IMPORTANT what to do about the aresst warrant on my wife this is not going to have a very good ending if my law abiding wife gets aressted.THANK YOU FOR YOUR HELP. Link to comment Share on other sites More sharing options...
sgip2000 Posted December 31, 2007 Report Share Posted December 31, 2007 She can't be arrested for that. No warrant will be issued for a small claims case. You may want to look into the rules on judgments in your state. In most states, judgments expire after 10 years; however, many states allow them to be renewed for an additional 10 years.Sounds like the plantiff knows the SOL is about to run out on the judgment and is trying to scare her into paying. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 1, 2008 Report Share Posted January 1, 2008 Call my friend Tony S in Bergenfield Link to comment Share on other sites More sharing options...
one who knows Posted January 3, 2008 Report Share Posted January 3, 2008 to madashell, the next step you can take is to file a motion to vacate the jdgment at county courthouse where the orignal complaint was filed. you then must serve the motion on the attys who have contacted you. when filing rqst oral argument in order to make the atty appear. you must also provide proof that you were never served with the orignal complaint,you can do this by providing proof of your new home address at the time the complaint was served.if the motion is denied that you could try to work out pymt arrgmnts with the atty or seek protection thru bkrptcy.with regard to the information subpoena you recvd. if you do answer it and snd back to the atty. then they could rqst an order 4 arrest,what this means a sheriff officer will must likely come to your home with ifs and order from the court and rqst that it be answered and returned to them in short amount of time. Link to comment Share on other sites More sharing options...
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