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Hello again, Just:
You're getting it. There are two questions involved in a law suit; 1) did somebody's actions damage somebody else, and 2) if they did, how much did it cost them?
You'll win the first part - no question. However, you're going to need to quantify and verify how much it ACTUALLY did cost you. As ScottGem pointed out, that's no easy matter.
excon
Ahoy... Thank goodness I didn't have an exoneration party!
Because yesterday I received in the mail a motion in opposition to my order to show cause. They said basically that they shouldn't have to respond to my order to show cause because "my request is untimley" and that I was served.
But here is the thing. I didn't know about the judgement which was awarded in 7/2003 until 1/2006 (because I was never served) and I really was never watching my credit report. So I sent them a letter (pro se answer) and requested validation and I sent this letter to court house as well. Now I was (and still am) living in Maryland so this was sent to NY. They responded stating they wouldn't honor my pro se answer because it was untimely and so was my request for validation and to contact them to make "arrangements". The court responded saying that I had to call their records dept. I called the records dept and was advised I had to physically come to NY and it couldn't be done through mail.
Well during that time 1/2006-1/2007 I was unable to come to NY as I am a single mother and had just started working at two places (ex. I had a job in Jan - no days off allowed until 90 days, after that 90 days I left and went to another company had to wait 90 days, then started another job had to wait 90 days) and that's not b.s I can really prove that.
So basically my judgment was vacated and case placed back on the calendar. And now the firm is responding to my order to show cause stating that they shouldn't have to show me anything because its to late!
That's INSANE! If you can't prove I owe a debt why should I pay it? They also attached a copy of the original summons and affidavit from the process server where they attempted the bad address 3 times and then stuck it to the door and verified with a neighbor (who they called Tammy "Doe") that I lived there. In NY state attaching it to the door is considered service. But my rational is that it still isn't good service if the person doesn't live there. Yes, you served it to that address but you don't even know who lives there because in the 3 attempts you made no one was there.
And in 2003 I live in Jersey City with my beau.
Will the judge really disallow my order to show cause based on their grounds stated?
Also when we vacated the order they wanted me to sign stating that I would disregard the fact that I was not served. And I refused so they omitted it and now I see why because they were/are trying to come back to me.
THIS IS WHY I WANT TO SUE THEM. This is ridiculous. Ive asked 1/06 to validate and they said it was untimely now they are saying because I waited from 1/06-1/07 its untimely. So they feel that I should never be given proof of this amount they say I owe? Its like 5K which they say started as 3K in 99' and I guess gained interest. But I was 19 in 99' and they said the debt was from 98' and went delinquent in 99' but I was 18 in 98' and I never had a credit card or credit account with a 3k limit at 18 or 19. Hell, I don't have a credit card with a 3k limit now! Lol
Send the attorney a discovery, request the original contract, prove of service alleged, name and address of plaintiff, etc. SInce they are contesting the vacate order you are permitted discovery
Which court vacate the judgment?
As a Pro se you can deny the NY court ever had jurisdiction of you since no proper service was ever done.
Do web search on Void Judgment, (google) this has a lot of information that will help you.
How can I prove I didn't live in NY. Can I have my ex write a letter and have it notarized? I moved into his house so my name wasn't on anything.Quote:
Originally Posted by mr.yet
I will Google - I live by Google that's how I found you guys :p
Cancel check for rent , utitily bill, phone bills anything with the different address. Covering the time since you moved.
I don't know if I have any of those things but I will look because I have to have something - I even have a (valid) NY driver license with a NJ address.
This is what I found under Void Judgement:Quote:
Originally Posted by mr.yet
As a general rule, a judgment or order is valid (i.e. not void) when the following elements are present: (1) the court has subject matter jurisdiction; [5] (2) the court has personal jurisdiction; [6] and (3) adequate notice has been afforded the affected persons.
Court lack subject matter and personal jurisdiction over the defendant due to improper service or no service.Quote:
Originally Posted by Just Jae
For the court to have jurisdiction both parties must be present in the court.
Without out this the judgment is void.
How can I defend the fact that after I found out about the judgement 1/6/06 (supported by a letter I sent to the court and firm) and didn't present motion to show cause or request to vacate until 2/07.They said my SOL was expired apparenty in NY the SOL for responding after you find out about the judgement is 1 year. I responded just a little over a year later to court...
In the stipluation for vacating the judgement to put it back on the calendar the lawyer wanted me to sat they I waive all jurisdictional defenses... I refused and they scratched it out.
Does that mean I have a jurisdictional defense?
I read something's about personal and subject matter jurisdiction but I don't quite understand it...
Simply because the NY court lacks subject matter and personal jurisdiction over you.
Simply put, without you droppping that defense the court really has to right to hear the case.
Interesting. The attorneys office sent me this document "opposition of my motion to show cause" and it was detailed about me being served (via a notice to a door I didn't live at and they can't prove I did) and the fact that I knew about the judgement 1/2006 and didn't request the order to show cause until 2/2007. So do I need to prepare some sort of document with my defenses as well?
You will need to prepare your defense. But how you respond to that notice depends on its nature. It could just be a copy of a filing with the court of their intent to fight your Show Cause motion. Check with the court as to how you need to respond.
Quote:
Originally Posted by ScottGem
That's exactly what it was a copy of their filing with the court of their intent to fight my motion
Its probably just a pretrial motion and doesn't require a response from you. But make sure with the court.
I acutally did my answer that day (I had 20 days). But from what they filed I feel so unprepared.Quote:
Originally Posted by ScottGem
My friend said to keep it simple I was never served and this isn't my account. Validate the debt etc. But Im afraid it won't be enough...
That's their game, to imtimidate you with legal jargon and make you feel that you as a lowly layman, can't fight them and their law degrees. But that's wehat Small Claims court is for. Its for the lowly laymen.
I am NOT an attorney but it sounds like they violated the 4 and 15th ammdments lack of due process and filing a frivouls lawsuit against you. How bad and for how long have they been dinging your credit reports??
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