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chef81666 · Dec 13, 2006, 06:33 PM

I posted my original problem on sept 28th, I received answers from two very nice people.

Well here is the continuations. I answered the complaint from the lawyers office. I stated I have written them and have been sending checks to them and they were cashed. I do have a court date of jan. 30th.

About three weeks ago I received a call from the lawyers. I returned a call that if they are wanting to work out something with me I would like it in writing, I don't want to work over the phone, I would like to be protected with a written agreement. I hope I have that right to request this.

Today I get another summons, stating I am pulling staulling tacktics, that I admitted to oweing the company lets by pass court and go for the judgement. I have ten days to defend myself. That I have not worked out a compentent payment plan. I have sent money I have contacted them and told them to send me what they would accept as a payment plan and I would respond to it. Nothing.

The credit card is in my name only. Can they come after my husbands car or bank account. He has his own. Or his paycheck.

I don't know what's going to happen I was hoping for them to work with me.

Any advise would be appreciated.

Thank you,
Janet gates
Medford, nj

ScottGem · Dec 13, 2006, 06:42 PM

Something doesn't make sense here. First you were exactly correct in asking for everything in writing. How they can claim you are stalling when you are sending checks is beyond me.

But this business about a judgement is plain wrong. Only a court can hand down a judgement. For them to get a judgement they have to go to court. So either you misread something or they are trying to pull a fast one. You may have to answer the summons stating your intention to defend against it.

You then go into court with all the letters you have written offering settlemen and all the cancelled checks showing they accepted those payments. I think you will find the judge ordering them to settle. I think they are trying to forestall your going to court because they know they won't win.

And no, they cannot attach anything solely in your husband's name. But if you hold anything as joint tenants they can attach that.

chef81666 · Dec 13, 2006, 07:10 PM

They sent me a notice of motion for summary judgement. We are asking the court to make a final ecision against you without a trial or an opportunity for you to present your case to a judge. We are requesting that a decision be entered against you becaue we say that the important facts are not in dispute and law entitles us to a judgement. If you object the motion you must file a written response stating the facts are disputed and why a decision should not be entered against you. This is the motion,then there is amemorandum of law that they argue on judsonvs peoples bank and trust of westfield nj, that this rul would apply particularly applicable to a case such as this, where delaying tatics should not be tolerated. Summary judgement procedure was intiated in regard to the creditor climants suing to recover upon liquidated debts and demands such as this instant one.judson vs peoplesbank westfield nj, then I have attached is a cert. of plaintiff in support of motion for summary judgement.then there is an affidavit for proof in form of cert. pursuant to r1:4-4 b and certificaton of non military status, and last set of papers poof of mailing.

These are the papers I have received today.

I have been sending checks which they are cashing, I have contacted them as well as a message on their machines informing them I am willing to work something out but I don't work over the phone with collection agencies, could they please send me anyproposals in writing for me to respond to.

And now I get hit with this letter packet. We have a court date already aren't they aware of it? Jan 30th. Nine am

Thanks for your time,
Janet

Fr_Chuck · Dec 13, 2006, 08:01 PM

Contact the court, object to the summary judgement and demand a hearing.

ScottGem · Dec 13, 2006, 08:17 PM

That's a little different from what you originally said. Do as Chuck said. They are trying to get away with not going to court. You WANT your day in court to present your side.

chef81666 · Jan 31, 2007, 05:14 PM

Ok here is an update of the credit card is sueing me. I answered the summary judgement in the ten days allowed. I called the court house on fri Jan. 26th to make sure we have a court date on the 30th. I asked about the summary judgement they told me it was denied and that the court date still stands. I go and show up like I am suppose to for nine in the morning, And low and behold the credit card company is not present. They wait take all the ready cases, take a five minute recess and come back and they call my name again. I answer still no credit card company, the judge askes me if I have a case against them I say no, she says case dismissed I am free to go. Not sure what that means but I believe they can't come after me.?

Any way thank you to all who was here to support me. You Help was greatly appreciated.

Thanks to all,
Janet

mr.yet · Jan 31, 2007, 05:18 PM

That means that the suit against you was dismiss and the credit card company has no claim against you.

They will have to start all over again if they want the money allegedly owed.

You won! Case Dismissed.

chef81666 · Jan 31, 2007, 06:43 PM

Thank you so much for your time. I only wanted to do the right thing. I was paying them. I just can't believe they would go this far only to not show up. But, I am grateful.

Thank you,
Janet

ScottGem · Jan 31, 2007, 08:14 PM

The probable reason they didn't show up is that they don't have enough proof to satisfy the court. That's why they tried to intimidate you into getting a summary judgement.

chef81666 · Feb 9, 2007, 08:44 AM

I called the courts today to get a copy of the court papers. First they told me that I won't get copies, don't understand why. And I have been reading on this dimissed with and without predjudice, and the lady at court told me that it was default (without), I asked if they can still come after me again, she said yes.

What would they do to come after me, and will they again? And do I keep paying them.

I'm lost, I thought I won because they did not show. I was trying to do the right thing.

Can anyone help me with this.

Janet

mr.yet · Feb 9, 2007, 08:51 AM

Go to the court have them copy the judges order for you, it is public information and they cannot refuse.

robynhgl · Feb 9, 2007, 11:24 AM

They can keep coming after you, however most courts will look at the previous judgement and uphold it. I don't know how much they say you owe, but there comes a time when the cost of taking you to court is greater than the amount that they will collect from you.

Make sure that you contact the credit bureaus, get a copy of your reports and if that debt shows up on them--send a copy of the default judgement to them so that the debt or judgement can be changed or removed.

Good Luck...