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Help! Midland Opposed Motion to Vacate Default Judgment


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Please help..

I received a letter of execution to garnish my wages. I opposed the execution for an application in addition to filing for a motion to vacate/dismiss the default judgment. Midland opposed both. I was improperly served at an address I had moved from more than 3 months prior to being served. I never knew I was being served or I would have fought it. The court in Hudson County NJ, called my home yesterday afteroon and left a message with my daughter to appear in court tomorrow morning.

How do I handle this?

Your help would greatly appreciated!

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I would immediately read my court's Rules of Civil Procedure. Those rules will outline proper service...how you're supposed to be served a summons. Are you supposed to be served in person? Are they supposed to make sure you were served?

The rules should also state whether or not they had to provide some sort of certificate or statement of service from the process server. You may have to make a quick trip to the clerk of court's office to look in the file. If you were not properly served, tell the judge. You may have to provide proof that you were not living at the address where the papers were delivered.

If there's something in the file that claims you were properly served, be sure and point that out to the judge. Then, if you so choose, sue them.

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Thanks for the advice.

In my motion to vacate the judgment, I showed where I had moved from the location in August, I was "served" in November. Also, I went to the clerk's office and the file only had the docket for the hearing, it stated where the summons was served. I filed an answer per the court's request when I motioned to vacate the judgment.

I realize it may have been too late but I requested that they provide proof or validate their claim and they opposed my request stating that it was not a valid reason to oppose the execution application because I am asking them to validate.

I just want to be prepared when I go to court tomorrow. They are opposing both my request against wage execution and my motion to vacate.

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Are you considered the head of the household for IRS purposes? Does anyone in your household have a disability or are you a single parent supporting a child? There is an exemption you can file with the court so that they can't garnish your wages. Check it out.

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Thanks for the advice.

In my motion to vacate the judgment, I showed where I had moved from the location in August, I was "served" in November. Also, I went to the clerk's office and the file only had the docket for the hearing, it stated where the summons was served. I filed an answer per the court's request when I motioned to vacate the judgment.

I realize it may have been too late but I requested that they provide proof or validate their claim and they opposed my request stating that it was not a valid reason to oppose the execution application because I am asking them to validate.

I just want to be prepared when I go to court tomorrow. They are opposing both my request against wage execution and my motion to vacate.

http://www.judiciary.state.nj.us/rules/

Here are our RCPs. In NJ you don't have to be served in person. You can be served through the mail, one regular and one certified. Hopefully you can find some other helpful info in there too.

Good luck tomorrow and let us know how you make out!

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Guest usctrojanalum

Bring with you tomorrow documentary evidence that you were not living at the address when you were served. Do you have a lease? Cable bill? Bank statement? Anything from the month of November that shows your residence? That will aide you immensely.

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You should also check the Court file to see if Midland used a phony affidavit in support of the default judgment.

That's a good idea, the clerk in my county actually E-mailed my files to me on my two cases. Saved me a trip to the courthouse and all of the hassle accompanied with it.

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Guest usctrojanalum

If someone who is an employee of midland testifies as to having personal knowledge of how the OC did things. That affidavit is nonsense because it is hearsay.

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Thanks everyone for your input!

Well, at the close of business my manger hands me a wage execution order from Pressler and Pressler. The company was supposedly served by the Hudson County Special Civil Part court officer. The court is in Jersey City but the court officer was located in Bayonne at a c/o address (is this usual and customary?) . I drove by the c/o address and it was a store front operation with no mention of the court.

What thoroughly confused me was the fact that they filed for an application for wage execution which I objected to immediately. The case hasn't been decided and I have a court date tomorrow. I called the court immediately (thankfully someone was there to answer) and she was just as confused as I was and said "the case hasn't been heard, your appointment is tomorrow". The order my job was served with demanded payment immediately and said if they didn't remit payment my job would be liable. Apparently they have already won a case that has yet to be heard!

I was told to bring the "official" document my job was served with along with my other supporting documents. The order was signed by a judge and all.

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Thanks everyone for your input!

Well, at the close of business my manger hands me a wage execution order from Pressler and Pressler. The company was supposedly served by the Hudson County Special Civil Part court officer. The court is in Jersey City but the court officer was located in Bayonne at a c/o address (is this usual and customary?) . I drove by the c/o address and it was a store front operation with no mention of the court.

What thoroughly confused me was the fact that they filed for an application for wage execution which I objected to immediately. The case hasn't been decided and I have a court date tomorrow. I called the court immediately (thankfully someone was there to answer) and she was just as confused as I was and said "the case hasn't been heard, your appointment is tomorrow". The order my job was served with demanded payment immediately and said if they didn't remit payment my job would be liable. Apparently they have already won a case that has yet to be heard!

I was told to bring the "official" document my job was served with along with my other supporting documents. The order was signed by a judge and all.

P&P...UGH... They are the absolute epitome of trash lawyering. They've had class action suits filed against them time and time again. Keep records of all that they are doing with this, because chances are, you'll be part of one soon enough. They have one going against them now for FDCPA violations. You may want to run your problem by a consumer affairs attorney, especially if the judge grants your MTD/V.

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The judge felt the plaintiff had done the due diligence in serving me properly. Basically, he didn't let me speak and appeared to have already made up his mind regarding the decision. He also said the time to file a motion to prove had passed. I thought I could file that motion even after a default judgment. I asked the judged about the execution order he signed weeks prior to my hearing and he said he couldn't control what the court officers do and to file a complaint with the county clerk. I was truly disgusted.

I am going to speak with an attorney to see if I have any other legal recourse. Does anyone know of a good attorney in NJ that specializes in these cases? I don't know where to begin and I am at a loss....

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