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    mmartin1924's Avatar
    mmartin1924 Posts: 7, Reputation: 1
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    #1

    Aug 1, 2008, 01:24 AM
    Creditor got default judgement - levy on acct
    From an account that was from 09/2001 I JUST found out I got a levy on my checking account. I do not know of any certified letter received. I dug through some mail and found a letter that was sent through regular mail but had the wrong address (State Highway 903 instead of 303) Therefore I do not believe I was properly served. This is in the NY courts.

    The account was sold to an asset company and their lawyers are the ones putting the levy on the account. The account originated in NJ but 2 years ago I moved to NY which is where the judgement is filed now.

    Seeing this account is over 6 1/2 years old, and has been deliquent since 2002, I was wondering if the SOL would play factor. NY is 6 years and I have found NJ to be one of two, either 3 years or 6 years. Some websites state 3 and some state 6. I am unsure which one it is.

    Would anyone think it's possible to move this back into NJ courts and try the SOL approach as well as vacate judgement due to improper serve?

    Please help, I got to represent myself now that I found out about this.

    Process? Vacate default judgement (I assume write letter to court requesting this) Then request to be moved to origin state? Request proof of ownership (never dealt with the asset company so I want to make sure they have the right to collect debt for original creditor) then ask for debt validation including original contract signed?

    Please let me know if I'm on the right track and how to do it if possible!

    I appreciate all help!!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 1, 2008, 07:17 AM
    Quote Originally Posted by mmartin1924
    From an account that was from 09/2001 I JUST found out I got a levy on my checking account. I do not know of any certified letter recieved. I dug through some mail and found a letter that was sent through regular mail but had the wrong address (State Highway 903 instead of 303) Therefore I do not believe I was properly served. This is in the NY courts.

    The account was sold to an asset company and thier lawyers are the ones putting the levy on the account. The account originated in NJ but 2 years ago I moved to NY which is where the judgement is filed now.

    Seeing this account is over 6 1/2 years old, and has been deliquent since 2002, I was wondering if the SOL would play factor. NY is 6 years and I have found NJ to be one of two, either 3 years or 6 years. Some websites state 3 and some state 6. I am unsure which one it is.

    Would anyone think it's possible to move this back into NJ courts and try the SOL approach as well as vacate judgement due to improper serve?

    Please help, I got to represent myself now that i found out about this.

    Process? Vacate default judgement (I assume write letter to court requesting this) Then request to be moved to origin state? Request proof of ownership (never dealt with the asset company so I want to make sure they have the right to collect debt for original creditor) then ask for debt validation including original contract signed?

    Please let me know if im on the right track and how to do it if possible!!

    I appreciate all help!!!

    You don't know if action was commenced within the Statute until you find out when you were served and the action was commenced.

    You would have to contact the Court Clerk (and possibly go to the Clerk's Office) to get this information. There would be no certified letter involved if you were served in NYS. It would be personal service or nail and mail or substitute service - the last two are finalized by mailing the papers to you by regular mail.

    You don't know if service was proper or not until you read the Affidavit of Service.

    Was the Judgment obtained in NYS or in NJ? It's possible it was obtained in NJ and has just been transferred to NY.

    It is very, very difficult to set a Judgment aside; however, if you have never received amy notice (summons, Judgment) you would have to see what was being used as your legal address.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 1, 2008, 07:29 AM
    Even if you do get the judgement vacated for improper service, then will juse resubmit. You have a better chance on the SOL gambit, but you need more info first.
    mmartin1924's Avatar
    mmartin1924 Posts: 7, Reputation: 1
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    #4

    Aug 1, 2008, 10:14 AM
    Thanks for the responses... Well what I would LIKE to do is first make a motion to vacate the judgement due to not properly being served.

    I would like to get proof that the company sueing is legally able to collect the debt seeing it is a company I never heard of, asking for money for someone else...

    I would also try to get the debt verified, which doesn't this consist of getting the original, or copy of original contract before obtaining the credit card?

    The court it was done in is NY. I only moved to NY about 2 years ago and this account is from 2001. This never hit any NJ courts.

    I have also read that once a company considers something a "charge off" it is written off as a loss to the creditor, which wouldn't this mean they have already been compensated for their loss?

    I need to put something together and doing all the research myself so I appreciate all help and support in the matter!

    THANKS!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 1, 2008, 10:19 AM
    File your motion to vacate. If they can't prove proper service, then the judgement will be vacated along with the writ of attachment. They will immediately refile for a judgement. But you can then request validation of the debt and their right to collect it.

    Quote Originally Posted by mmartin1924
    I have also read that once a company considers something a "charge off" it is written off as a loss to the creditor, which wouldnt this mean they have already been compensated for thier loss?
    No it doesn't. It simply means they took the amount as a loss against taxes. It has NO affect on your obligation to pay or their ability to collect. It just means, whatever they collect is then fully added to taxable income.
    mmartin1924's Avatar
    mmartin1924 Posts: 7, Reputation: 1
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    #6

    Aug 1, 2008, 10:31 AM
    Thank you, and your answer does definitely help..

    Does anyone happen to know the law of what they would have to produce to verify the debt to be collected? I know I would want to verify they can collect it, as well as the debt itself.

    Thanks!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Aug 1, 2008, 10:49 AM
    A copy of the original signed contrac. A copy of the contract to collect or purchase of the debt.
    mmartin1924's Avatar
    mmartin1924 Posts: 7, Reputation: 1
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    #8

    Aug 1, 2008, 06:24 PM
    I got to the court house and they told me to respond with an RJI-95 form to be heard by a judge about my default judgement.

    Could anyone offer help about how to fill out the RJI form? Maybe someone is familiar with it.

    The woman said that it sounds like I would need the RJI ($95) and a motion ($45).

    I can't afford a lawyer so I got to attempt this myself...

    I also confirmed that the address was incorrect (as stated in first post) on 3 of the 4 documents filed at the court.

    Thank you!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Aug 2, 2008, 06:14 AM
    Quote Originally Posted by mmartin1924
    I got to the court house and they told me to respond with an RJI-95 form to be heard by a judge about my default judgement.

    Could anyone offer help about how to fill out the RJI form? Maybe someone is familiar with it.

    The woman said that it sounds like I would need the RJI ($95) and a motion ($45).

    I can't afford a lawyer so I got to attempt this myself...

    I also confirmed that the address was incorrect (as stated in first post) on 3 of the 4 documents filed at the court.

    Thank you!


    It's a request for judicial intervention - the form is on the Internet. [URL="Click here: http://www.nycourts.gov/forms/rji/rji2000.pdf"] It's a fill in the blanks form.

    How did the process server claim you were served and at what address?
    mmartin1924's Avatar
    mmartin1924 Posts: 7, Reputation: 1
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    #10

    Aug 2, 2008, 09:23 AM
    The paperwork I was able to obtain from the county clerk had 4 pages to it. First page was basically a cover page, second and third had the wrong address and one of those two pages was the complaint itself. The last page was the service. They claim to have sent someone to my house and posted it on the door. They also claim to have talked to a neighbor (im in a townhouse complex) but I don't know the neighbors, not even their first or last name. That one document had the correct address on it. I understand that the whole "nail and mail" should apply but I do not believe that they mailed anything to the correct address.

    I was able to pick the form up directly from the county clerk. I need help filing it out though. I am unsure of the wording and what I need to say to do the motion I want to do towards the case.

    Thanks!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Aug 2, 2008, 09:29 AM
    Quote Originally Posted by mmartin1924
    The paperwork I was able to obtain from the county clerk had 4 pages to it. First page was basically a cover page, second and third had the wrong address and one of those two pages was the complaint itself. The last page was the service. They claim to have sent someone to my house and posted it on the door. They also claim to have talked to a neighbor (im in a townhouse complex) but I don't know the neighbors, not even thier first or last name. That one document had the correct address on it. I understand that the whole "nail and mail" should apply but I do not believe that they mailed anything to the correct address.

    I was able to pick the form up directly from the county clerk. I need help filing it out though. I am unsure of the wording and what I need to say to do the motion I want to do towards the case.

    Thanks!


    By law in NYS the mail has to be to the same address where the paper was served - just so you are aware because that will be the argument for good service.

    I don't understand what part of the form you need help with - it's pretty straight forward unless you have something I don't have.

    What questions do you need help with?
    mmartin1924's Avatar
    mmartin1924 Posts: 7, Reputation: 1
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    #12

    Aug 2, 2008, 05:23 PM
    Thanks for your help Judy,

    I am 26 years old, although I am an extremely quick learner, I JUST started looking into all the legal actions I can take against my default judgement. I am learning so much even by this thread alone! Also I am unable to pay for an attorney, well at least the amounts that have been mentioned to me when I inquire over the phone. The judgement is for 5,600 which is a lot for me but for most of these firms it seems like it's nothing.

    The RJI form I picked up is the same form you mentioned in your earlier post. I would just like to try and get the case opened again so I have a fighting chance of being heard. The only thing on the RJI I am able to fill out is my own personal information and the fact that it's considered a contract. I am unsure of which to check off for nature of judicial intervention.

    I could assume it's not against a municipality or public authority, they are seeking equitable relief so I can check that (seeing they put levy on my account?) The thing I am mostly unsure of is the nature of intervention. I believe I want to "Notice of motion" don't know the return date (unless it means the day I submit it) and I assume the relief I want is "vacate judgement".

    I would also like to find similar cases, I am sure I can learn from them a lot as well. Any ideas on how to do so, whether online or at a courthouse..

    Also if I am an authorized user on another person's credit card, does that put their credit line in jeopardy for my judgement? (can they put a levy on it or get any funds from it?)

    Thanks so much again!
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
    Junior Member
     
    #13

    Aug 4, 2008, 06:09 AM
    Quote Originally Posted by mmartin1924
    Also if I am an authorized user on another person's credit card, does that put thier credit line in jeopardy for my judgement? (can they put a levy on it or get any funds from it?)

    Thanks so much again!

    No, they can't do that.


    You need to research state statutes or caselaw to arm yourself with when reappearing in court. Google is your friend.

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