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Default Judgement from eichenbaum & stylianou (RAB Performance Recoveries)


wmrwl3
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Hi everyone,

 

State: NJ

Plaintiff: eichenbaum & stylianou (RAB Performance Recoveries)

Amount: $11,000+

Original Creditor: Chase Credit Card

 

Upon pulling a recent credit report I noticed a Judgement from eichenbaum & stylianou (RAB Performance Recoveries) for 11,000+.  

 

I immediately went to the Passaic County Courthouse to find out what this was about and found out this was from a Chase credit card that I thought I paid off years ago.  eichenbaum & stylianou (RAB Performance Recoveries) allegedly served me May 2012 at an old business address that I never lived at and where I wasn't working at the time.  A default judgment was entered June 2012.  

 

March 2013 I filed a motion to vacate default judgment and eichenbaum & stylianou (RAB Performance Recoveries) replied back saying that I don't have a right to "disturb" the existing judgment.  I filed a response to their objection stating (more clearly) that I was improperly served at the wrong address.

 

I tried to call Chase today to get copies of the statements of my account and to obtain more information since I'm not even sure if I still owe this.  They refused to provide me with statements or any other information and gave me the number of "Global Acceptance" which is who they initially sold the debt to.  Global Acceptance was closed by the time I finally got off the phone with Chase and there was no way to leave a message.

 

My main concern at the moment is vacating the default judgment since it's not fair that I didn't even know I was served.  If or when the judgment is vacated how can I go about verifying if this debt is still owed and if the amounts are accurate?  Would it be possible to settle this for a reduced amount?

 

Any help is greatly appreciated.

 

Thank you!

 

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You might want to call him and see if he can help.

http://philipstern.com/

If you are experiencing consumer debt problems, we encourage you to contact us. We do not charge any

fee to review your situation and inform you whether we believe our services can assist you.

(973) 379-7500 webinquiry@philipstern.com

Hey, thanks for the info.  I actually already contacted them last week but they want $2,500 to represent me, but that's out of my budget.  I would rather put that 2,500 towards a settlement if I do end up owing this.

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Your best approach to this is vacating due to lack of process of service. You need to go get a copy of the case so it can be reviewed. You need to look and see if there is an affidavit of process of service. If there is not that helps a lot. If there is you need to see what the process server claims and then dispute it in you motion to vacate.

 

If they lied in any way or you can prove they served you at the wrong place and they claimed good service you have a case for abuse of process. You can also sue the process server if it was a private server. There are other things that need to be done before a judgment can be entered. You will need to read your rules of trial procedure and see if they filed the proper paper work.

 

One thing they need to file is an affidavit of non military service, whether or not you are or were in the military does not matter, they still have to file it. They also have to file other papers according you state rules. if they did not you can have it vacated or deemed void.

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