Paying a CA(or lawyer) constitue affirmation that the debt is owed? Midland

[indeeptrouble]

First I want to say hello and thank you to all, this sight is/has been plethora of information.

Facts of the case;

New Jersey (ocean county)

OC is Providian, who has no record of the CC other then it was sold to Encore

First delinquency 12/2003..assume written off 180 days later (GF thinks??? she stopped paying altogether)

Midland puts it on their books 10/2007

[new]Girl friend ignores MSJ subpoena.

Gets default judgment against her as well as wage garnishment order (shes on leave so no money taken yet

** note, i'm already putting together my plan for vacating the order(s) and will post more on that in a future thread (typical midland & pressler and plesser shenanigans), and the main basis of my argument is the original MSJ is on its face without merit, ie they were never assigned the loan, no proof of anything, etc...

GF gets a letter of judgment against her from P&P calls them and makes arrangement to pay on installments.

She makes several monthly payments to P&P on behalf of Midland (She believes 3 payments, might have been 2).

My question is; Does her making a payment to P&P/Midland constitute her stipulating the debt is owed by her?

thanks in advance

[Methuss]

[new]Girl friend ignores MSJ subpoena.

Gets default judgment against her as well as wage garnishment order (shes on leave so no money taken yet

** note, i'm already putting together my plan for vacating the order(s) and will post more on that in a future thread (typical midland & pressler and plesser shenanigans), and the main basis of my argument is the original MSJ is on its face without merit, ie they were never assigned the loan, no proof of anything, etc...

GF gets a letter of judgment against her from P&P calls them and makes arrangement to pay on installments.

She makes several monthly payments to P&P on behalf of Midland (She believes 3 payments, might have been 2).

My question is; Does her making a payment to P&P/Midland constitute her stipulating the debt is owed by her?

Well first of all, NJ and NY are pretty strict about default judgments. To overturn a default judgment you are required to show some sort of proof that the debt is not owed. If the service of summons, etc is defective, but would not change the outcome of the case, a judge is simply not going to hear the case.

In the present description, your girlfriend ignored a court summons. That is really bad. As far as any judge is concerned, you can pretty much rely that they will not be sympathetic at all. The payments made also would be considered an admittance that the judgment is valid.

My advice is don't waste your time trying to overturn the default judgment at this point. She dug herself a nice hole and now will have to work her way out of it.

Concentrate, instead, on trying to reach some sort of payoff agreement with the judgment holder. This will at least prevent garnishment actions as long as she sticks to the agreement. With the economy in the dumpster, many collection agencies are taking .30 or .40 on the dollar just to close out the file. But make sure you get the agreement in writing and stipulating that they will not sell any remaining balance ever. I recommend a liquidated damages clause just in case they violate the terms of the agreement.

[indeeptrouble]

thx