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argiulia

Don't know where to start

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I am in NJ...a judgement was filed against me earlier this year by Midland Funding (represented by Pressler & Pressler). I recently received a new document from attorney stating that they are going to file a motion for order enforcing litigants rights due to the fact that I didn't fill out & return some form they enclosed that requires all my personal & financial info, such as SSN, acct#'s, etc. I don't know who these people are, or why they would expect someone to just hand over all their personal information. I now know they are a JDB, & that I probably should have done something sooner, but I did not know then what I know now. I have until next Friday to reply to attorney or appear in court? From what I have read, my understanding is it is too late to ask for Verification of Debt? or go to courthouse to see what evidence they submitted that I owe this amount of debt to Midland?

I don't know where to start & it is for a ridiculous amount of $1500, which if I had, I would have gladly paid. I am currently looking into bankruptcy & debt restructuring options at this point as it is. If anyone has a starting point they could recommend, I would really appreciate it. The motion that they are entering is threatening to arrest me if I do not comply & answer their questions.

Am I completely out of options, or can I still do something to dispute that they properly acquired & own the full amount of debt they are claiming I owe. I am reeling from looking at NJCourt & other websites & all the legal terminology.

Thanks very much in advance for any advice.

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If you win a court judgment against someone, you are entitled to get information about their finances so you can collect the money they owe you. First you must send them an Information Subpoena requesting the information. If the person doesn’t give you the information, you can use

these forms to make them do so. A Motion to Enforce Litigant’s Rights is an application to the court for the purpose of obtaining an Order directing a party to either comply with a previous discovery order or to complete an Information Subpoena.

http://www.judiciary.state.nj.us/prose/10546.pdf

Were you ever served for the lawsuit?

Edited by racecar

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The courts are saying I was served via regular mail & certified mail, which I do not remember claiming. But in NJ, I don't know if it matters if they claim they have the address in which I reside. I guess I am one of those people they rely on to do nothing, out of ignorance. Now I am kicking myself. Plus, I can't afford an attorney.

Is there anything I can do? Do I just show up at court & cross my fingers? I feel that filling out this form they sent me is another step toward me admitting that I owe this debt to Midland & they are not the original OC....& from what I read online, they buy this debt for a fraction of what is owed...& I saw on my credit report that the OC charged it off last June for a third less than what I am now being billed.

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Can you look at your case file to see if they have documentation that your were served properly? If not in the case file, could you ask them for a copy of your records?

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Can you look at your case file to see if they have documentation that your were served properly?

Exactly. If you were properly served, sorry but basically you are out of luck. They have a default and they are entitled to try and enforce the judgement.

If you were not properly served then you have options. However, keep in mind like you somewhat hinted too, properly served does not always mean the summons was placed in your hands.

In Arkansas you can be served by certified mail but it has to be restricted to the named Defendant only,(USPS calls it restricted delivery) in other words nobody else can sign for it.

See what your state says about that and then see what they have in the file showing process of service.

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