Question about vacating judgement

[mirandagk]

I have a few questions regarding filing a motion to vacate a judgement....

In my state (NJ), along with my motion to vacate judgment I have to file an answer to their original complain. Does that mean that I cannot use any of the other documents they submitted after they filed the complaint (i.e. affidavit of claim, certification of proof, copy of letter they sent me, credit card agreement, etc.) in my defenses?

The reason why I ask is because in their affidavit of claim they submitted to the court they claim that they purchased the debt on or about October 6, 2006 and in their attached documentation they have a copy of a debt collection letter they sent me on July 28, 2006...about 3 months BEFORE they claim they bought the debt. Wouldn't that mean that they were illegally trying to collect on this debt before they had a right to?

In their original complaint they they say the debt was charged off on December 4, 2001, but they submitted copies of a credit card Agreement that has a copyright date of 2002...Does that mean that the terms in that agreement couldn't possibly be the exact terms that I had when I obtained the credit card?

Other than the affidavit from an employee at the debt collection company, the copy of a letter they sent me and copies of some credit card terms, there is no other evidence on file...No credit card statements, nothing with my signature, No bill of sale from the credit card company to the debt collector, etc.

I have lived at the same address for over 20 years and have only used this address for all my correspondence and bills....Yet the debt collector mailed the complaint to my old job which is similar to a UPS Store. We sign for all the mail that comes in there for over 200 mailbox customers and we don't look at the letters individually...The carrier would be there all day. We just sign the slips and distribute the mail/packages latter. My mother owns the store and I was over there bringing her lunch that day and I signed for all the mail because she and the other employees were so busy...But I never had it in my possession. It was placed in a bin to be distributed. I'm not authorized to receive mail there and no longer worked there, so it was presumed that the mail belonged to that person. I never saw the letter.

My last question is...Do I have any defense(s) here that would help to vacate this judgment?

I know it would be a long shot to try and prove that I did not read/receive that letter because I did sign for it. My mother didn't even buy that store till years after I defaulted on that credit card...so it couldn't have been on any of my statements. I really feel they were purposely being sneaky by sending it there because they knew it would get signed for and they would get a default judgment.

In early December I sent in a motion to prove, because the judgment is for almost triple what my credit limit was and they didn't submit any type of proof but what I stated above. I did receive the copies stamped filed from the clerk, But I have yet to hear back from the court as to whether or not that motion will be granted. I was hoping that the motion to vacate may get the judges attention better than my motion to prove.

Any advice would be greatly appreciated. Thank you all in advance.