Against All Odds

NJ - Lost to Midland on MSJ Twice, Considering Appeal and/or Bankruptcy

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Let's get you all caught up.

 

Midland Funding obtained a default judgement and garnishment. That was the first time I was even aware of the action. They filed in the wrong county. I motioned to vacate default judgment - improper venue, and won. Had my garnished wages returned.

 

The case was then transferred to the right county. Midland filed a MSJ which was granted due to an inadequacy of my response. I filed a Motion to Reconsider which was granted...vacating the MSJ and setting trial.

 

Midland filed a Motion to Vacate....which was granted on the day of trial - essentially reinstating the MSJ as originally entered.

 

I filed a 2nd Motion to Reconsider which was denied. My basis for the motion was that Midland never proved they had standing to sue. Me thinks that that would mean the court never did have jurisdiction in the first place.

 

Although NJ does offer post judgment motions, given the history here - i don't think that the judge would want to hear this case again. It's time for an appeal.

 

As you can probably figure...the budget is tight. An appeal would cost $300 just to file the Notice of Appeal and then there's the transcript costs as well.

 

In all probability I may have to file for bankruptcy - not solely based on this, but on the totality of my financial situation.

 

Should I just go ahead and file for bankruptcy or give it just one last shot at the appeal. I don't yet know the implications of both a judgment and a bankruptcy on my credit...but as I said, I may have to do a bankruptcy regardless. Is there any benefits of attempting to avoid the judgment as well or should I save my money for the bankruptcy filing?

 

Your thoughts are appreciated.

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If your debt situation is sufficient to qualify for BK I would put the money towards that and start over.  Watching Midland get nothing for all their trouble and expense would give me more pleasure than the BK would give me grief.

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Credit is shot anyways, after a BK, YOu can get on track much quicker than if all these other people coming after you as well as the judgement against you. You can start rebuilding your credit fairly soon after BK, starting with a store card, or secured card. Be careful not to go above 20-30 percent of your credit limit, and pay on time, that will give you your best scores.

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@Against All Odds

 

 

If you mean that, even if you were to win an appeal, you might still have to file bk, then why put yourself through the stress and cost of an appeal?  I'd save that money for the bk filing.

 

@BV80 - My apologies....Was on a much needed hiatus. My thought was that the appeal would initially stop them from applying for a wage execution....would you happen to know if the filing of the BK stop collection activity or would the BK have to be finalized? But yes, I definitely see your point there. 

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If your debt situation is sufficient to qualify for BK I would put the money towards that and start over.  Watching Midland get nothing for all their trouble and expense would give me more pleasure than the BK would give me grief.

 

@Clydesmom - My apologies.Was on a much needed hiatus.....I guess one of my initial worries was having both a judgment and a bankruptcy on file. But yeah....that would be totally awesome if they ended up with nothing. 

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Credit is shot anyways, after a BK, YOu can get on track much quicker than if all these other people coming after you as well as the judgement against you. You can start rebuilding your credit fairly soon after BK, starting with a store card, or secured card. Be careful not to go above 20-30 percent of your credit limit, and pay on time, that will give you your best scores.

 

@shellieh98.... great info there. I guess I better be getting in contact with a BK attorney quick. Will be posting an update. Thank you. 

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