[Defendant66]

I was served a summons and complaint in March, 2008.
My daughter was very sick and I didn't file the answer (which I did prepare) due to numerous doctor visits.
At the same time, I my temp position ended. So, I was then on unemployment and looking for work. I obtained work in April 2008.

Judgment was entered May 19, 2008. I was sent notice of same on May 29, 2008.

I don't have a vailid reason for waiting until I was served with the information interrogatories to request validation of the debt. However I did so on July 14, 2008 I requested a certified copy of the original contract. I'm not sure what this outstanding debt is for.

I then filed a motion to vacate the judgment and/or dismiss the complaint OR counsel to provide me with the certified validated copy of the contract.

He of course filed a response saying that I was out of time and the time for discovery is now over.

He's sarcastic as hell in his reply too. Can't blame him though... it's his job.

Anyway... he applied Rule 4:50-1 which I looked up and it's about proofs... so he STILL hasn't validated the debt... do I have a leg to stand on here? How do I reply?

I can do a reply and I can include medical bills and/or unemployment proofs... and apolgize to the court, say it fell through the cracks and I don't have staff to remind me of deadlines and statutes and apologize... Which is sarcastic sounding of myself, but it is true...

I don't wish to answer the information subpoena because as you all know, they can garnish my wages and levy my bank account. I also do not want to be in a position to repay a debt that I want validated.

Please advise? I'd really appreciate it. Thank you so much.

[JudyKayTee]

I was served a summons and complaint in March, 2008.
My daughter was very sick and I didn't file the answer (which I did prepare) due to numerous doctor visits.
At the same time, I my temp position ended. So, I was then on unemployment and looking for work. I obtained work in April 2008.

Judgment was entered May 19, 2008. I was sent notice of same on May 29, 2008.

I don't have a vailid reason for waiting until I was served with the information interrogatories to request validation of the debt. However I did so on July 14, 2008 I requested a certified copy of the original contract. I'm not sure what this outstanding debt is for.

I then filed a motion to vacate the judgment and/or dismiss the complaint OR counsel to provide me with the certified validated copy of the contract.

He of course filed a response saying that I was out of time and the time for discovery is now over.

He's sarcastic as hell in his reply too. Can't blame him though... it's his job.

Anyway... he applied Rule 4:50-1 which I looked up and it's about proofs... so he STILL hasn't validated the debt... do I have a leg to stand on here? How do I reply?

I can do a reply and I can include medical bills and/or unemployment proofs... and apolgize to the court, say it fell through the cracks and I don't have staff to remind me of deadlines and statutes and apologize... Which is sarcastic sounding of myself, but it is true...

I don't wish to answer the information subpoena because as you all know, they can garnish my wages and levy my bank account. I also do not want to be in a position to repay a debt that I want validated.

Please advise? I'd really appreciate it. Thank you so much.

Basically I believe the other side has no reason at this time to validate the debt - they already have their Judgment. If you win your Motion to overturn the Judgment, then, yes, they have to try to obtain a Judgment all over again and you have the right to defend and they have to honor your request for the supporting paperwork.

At the moment there is nothing for you to defend - the Judgment has been granted. You have to wait to see if it's overturned or set aside.

[Defendant66]

Yes... I've learned that today as I went along. I'm going to file a response; an answer and a motion to vacate judgment. The fella who did the reply certification was... ick. :)... but in his certification he gave me the rule which I looked up and then I called the court (they're so nice) and asked them what they need so I can do the pleadings I need to. Here's to me getting some where with this. Thank you so much for your answer.

[JudyKayTee]

Yes... I've learned that today as I went along. I'm going to file a response; an answer and a motion to vacate judgment. The fella who did the reply certification was ... ick. :) ... but in his certification he gave me the rule which I looked up and then I called the court (they're so nice) and asked them what they need so I can do the pleadings I need to. Here's to me getting some where with this. Thank you so much for your answer.

No problem - glad I could help. Please come back and let us know how this works out for you. Your experience will undoubtedly help someone else.

[twinkiedooter]

Do you actually owe the money from a debt you incurred? If you do owe this money, having the default judgment vacated will only delay the enivatable in your case. It can be done, however, and judges can work with you, but if you do owe the money, regardless if your daughter was ill or you were unemployed, it will still need to be paid off somehow.

[Defendant66]

I am not familiar with the debt. This micro invoice from a computer was provided, which I just received today in the mail for the filing of the default judgment request, had this... shoddy attempt at a... well, it's entitled Statement/Book acount but all it has is information that they typed in from LVNV Funding LLC A/P/O Citifinancial, Inc.

I've requested the court vacate the judgment and allow me to file an answer out of time. I don't have a problem at all with paying the debt providing they give me a certified copy of the original loan or credit card application. According to this sheet... whatever this is was charged off in 2005. I'd like to see what it is... I also address this in the certification that I'm doing today and advised that I don't want to pay something that I'm not sure is mine and would be willing to enter into a settlement agreement upon receiving the validation.

Like, when did I take out this loan or credit? What kind of account was it? etc.

Are these the appropriate questions? I've been reading all morning. LVNV is apparently a junk debt collector who purchased this debt after it was charged off, according to this little invoice account paper here, in 2005.

Well... if I don't know when the debt was incurred, I'm not sure I can argue statute at this time. New JErsey has a 6 year statute of limitations, but I don't know how that would apply to a junk debt collector in this case. It's confusing, I must say.

[JudyKayTee]

I am not familiar with the debt. This micro invoice from a computer was provided, which I just received today in the mail for the filing of the default judgment request, had this ... shoddy attempt at a ... well, it's entitled Statement/Book acount but all it has is information that they typed in from LVNV Funding LLC A/P/O Citifinancial, Inc.

I've requested the court vacate the judgment and allow me to file an answer out of time. I don't have a problem at all with paying the debt providing they give me a certified copy of the original loan or credit card application. According to this sheet ... whatever this is was charged off in 2005. I'd like to see what it is... I also address this in the certification that I'm doing today and advised that I don't want to pay something that I'm not sure is mine and would be willing to enter into a settlement agreement upon receiving the validation.

Like, when did I take out this loan or credit? What kind of account was it? etc.,

Are these the appropriate questions? I've been reading all morning. LVNV is apparently a junk debt collector who purchased this debt after it was charged off, according to this little invoice account paper here, in 2005.

Well... if I don't know when the debt was incurred, I'm not sure I can argue statute at this time. New JErsey has a 6 year statute of limitations, but I don't know how that would apply to a junk debt collector in this case. It's confusing, I must say.

The Statute runs from the last activity on the account - a payment, a charge, whatever the account is all about. Telephone calls, letters do not extend the statute. It has to be activity.

You've never received any notice about this account before?

Keep in mind that interest will continue to run on the account until it's either dismissed or a Judgment is obtained so it's in your own best interest to take care of it quickly.

They may not have nor do they need certified copies of the original application or papers - if you got the money, if you used the card, then it's your debt.

And, yes, if someone buys a debt after it's written off they can collect on it - within the Statute, of course.

I do know Citifinancial is AT&T's credit card.

[twinkiedooter]

Just because a debt has been charged off does not preclude you from still owing the debt. The junk debt collectors obviously bought your debt. If you had a credit card - and I'm sure you've had credit cards - you would recognize this as your debt. You are going to be expending a lot of time and energy beating a dead horse. They've already gotten the judgment. Technically you had so many days from the entry of this judgment to object to it and your time has run out.

As Judy pointed out, they've already gotten the judgment regardless of having to prove to you that you owed it or not. Sometimes life can throw some unneeded roadblocks into your path. I guess you must have been in denial to not have filed your original paperwork when you had the opportunity. I am sorry your daughter was ill, but a Judge will not vacate a default judgment unless there is substantial good cause other than your daughter was ill. Sorry.

[Defendant66]

I understand completely. I've been thinking about it all weekend. I don't have a rational excuse in any way for not responding "after" I started my new job. My new boss is a terror on wheels and emotionally draining man. (very mean, condiscending, barking individual) That has really taken it's toll on me and I've been looking for a new position. However, I am still responsible for not having responded. I hear you. I understand... Well... denial No. Dire financial straights and my brain running screaming in the other direction at the prospect of having yet one other thing to pay when I'm already behind? Okay... I'll take it, that's a form of denial... blocking it out wasn't good.

I'm pretty familiar with personal accountability. Although :) It may not seem so in this moment. Well... they can keep the judgment, I mean I have a response motion here, in it I ask that they validate the debt allow me to file an answer out of time. So we can start the discovery period over again... that would buy me some time right now. I'm so broke I can't get five cents out of a nickel. But... you know... I do agree with you guys that it was/is ultimately my responsibility to file "something" and not wait until this point.

[Defendant66]

And of course, had I dealt with this 30 days ago... or 45... (whatever) I wouldn't have to be in the position as well to go to the monger boss person and tell him that upon answering the information subpoena I may have my wages garnished. THAT is just like... Oh man... that's like... a cherry on top. Course, I do hope to the devil out of there a.s.a.p. and have been interviewing. So here's to hoping for a better position and... okay, okay... making this other current situation right.

[twinkiedooter]

I wish you all sorts of good luck in your present predicament. Sometimes life hits you with all sorts of roadblocks. Been there, done that. Life will get better. Hopefully your delaying tactics will work for you and you can get back on your feet before they decide to garnish your wages.

[Defendant66]

Yah I guess you're right, they are delaying tactics. I haven't re-read the thread. I'm currently waiting for an outcome to my second motion which will be heard 9/26/08 and still looking for that new position. I know things all work out, at the same time, it's VERY stressful. I have to say. Course, I also understand that what we don't take care of or remedy can and will come back at some point and time.

Thank you Twinkie :)

[Defendant66]

Yah I guess you're right, they are delaying tactics. I haven't re-read the thread. I'm currently waiting for an outcome to my second motion which will be heard 9/26/08 and still looking for that new position. I know things all work out, at the same time, it's VERY stressful. I have to say. Course, I also understand that what we don't take care of or remedy can and will come back at some point and time.

Thank you Twinkie :)

I wasn't sure how to respond at the end of this thread, however I thought I would like to come back and let you know how things are going.

My motion was heard, I attached all the supporting documentation and wrote out a very nice certification in my motion to the court. I'm still asking if they would validate the debt, explained my situation to them, attached my medical bills from my daughter when she was ill and then I have here documentation which shows that I was out of work as well... and it was heard on September 26th I just received my order!

I also received a trial date of 11/5/08.

The judgment is to be vacated and I am to be allowed to file an answer out of time. :)
Plaintiff's counsel is to provide proof of the debt to provide me with where the loan originated. I do not, yet, have to respond to the information subpoena which does stall the process of garnishment of any kind and may allow me later to enter into a settlement agreement.

I feel relieved... However! Would someone please tell me what I need to do now that my motion has been granted?

Like, what do I need to bring with me at trial?
I have a friend who works at the courthouse and she told me that the judge is really nice, recently appointed and fair. So that's nice too.

I'm so nervous!