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I've been sued in a state where I'm not resident


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Hi everybody, I'm having a big problem with a judgement filed against me by Midland, here is the information...

I was living in Florida back in 2007 at the end of the year work was really bad and my friends in New Jersey told me that work was always good up north, I decided to move with my 2 boys to Elizabeth, NJ. I was living there until September 2008 but a really cold winter and the idea of another one was enough to make me go back to Miami, Florida.

Later in February 2009 by accident, I learned that a judgement against me has been file in the court of Union County, NJ, in December 2008, in the papers it said that mail have been sent to notify me in December 30, 2008. I sent my answer by mail but it arrived late. The day I learned about this judgement was the last day to file my answer.

I tried talking to the Judge's assistant to reschedule or in my case to move this judgement to Miami, which is where I live; he said that he couldn't help me at all, that I must talk to the Plantiff's Lawyer, which his advise was to pay this judgement.

Now this is a summary of my situation...

- At the time the judgment was filed, I am a resident of Miami FL, for at least 2 months

- This debt is not mine

- Judgement was granted by default to plantiff, since I could not make a trip to New Jersey that same day.

- I am not a lawyer and really don't have a lot of knowledge about what to do to reopen the case.

I need some of your advise of where to find the forms to file a motion to reopen the case; then asked to vacant the judgement since I am not a resident of New Jersey and the account was not open there neither; I would like to know if I can file the motion to reopen the case by mail and ther do the trip to New Jersey whenever the hearing is schedule.

Please any advise is going to be greatly appreciated. Thanks for all your cooperation.

N.

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  • 1 month later...
  • 5 months later...

Hi everybody, here is the conclusion of my case. The case was dismissed by the NJ court, because is was filed in a state where I don't live. After that my lawyer went after the CA and since they have show unfairness at the NJ court, they don't want the case to be resolve at the FL court system. They have offered a settlement of $5K plus attorney fees and any other costs, all credit info reported has been removed, including the judgement.

I have accepted and that close my case, it took about 11 months and 2 lawyers to resolved it, but it has been done.

Thanks for your advise and see you later.

:D

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Hi everybody, here is the conclusion of my case. The case was dismissed by the NJ court, because is was filed in a state where I don't live. After that my lawyer went after the CA and since they have show unfairness at the NJ court, they don't want the case to be resolve at the FL court system. They have offered a settlement of $5K plus attorney fees and any other costs, all credit info reported has been removed, including the judgement.

I have accepted and that close my case, it took about 11 months and 2 lawyers to resolved it, but it has been done.

Thanks for your advise and see you later.

:D

Congrats to you!

Congrats on something else, also. I just read a financial article by Liz Pulliam Weston on ca's and how they're very willing to deal for lower settlements now with the economy like it is. She also made mention that everyone who sues a ca is put on a list and that list is sold to all the other ca's so they'll know to use extra caution while trying to deal with them. My mind immediately sprang to several individuals in here who've done so. It put a smile on my face!:p

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I made it twice on the list in one month when I filed in state and they removed to federal. Fighting the ancient ID theft stuff got so much easier as they all went away. The only CA I have heard from since, I am not directly connected to the debt as it is for someone else and they will receive their ITS today.

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  • 4 weeks later...

I was browsing on the boards, and came across your story. I am going through something similar, the only difference being the state of Virginia (and Florida).

I was wondering if you could tell me a little bit more about how you won, and who your lawyer was. I would truly appreciate it!

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