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  1. #1
    joetta545 Guest

    Help!!! I've been sued

    What is the name of your state? New Jersey

    My Bank accts were levied upon and the Judge granted the Turnover to the Plaintiff the sum of $3,000.00 they are Debt Collectors. I immediately issued a Motion for Reconsideration and the Judge will have a Hearing sometime this month (September), I hope, The Judge is now waiting for comments from both sides before he rules. In August, I discovered 2 more issues, a canceled check that shows the last date I paid on this Visa account indicates that the SOL has run and also, they violated Sec#812 of FDCPA, I sent a letter with copies of my discoveries, RRR, and copies to the Judge. I called the court to ask what is the status on my case and the clerk said they are still waiting for the Plaintiff' s response. I've called the Plaintiff numerous times asking for their response to my letter they said they will send it out in a few days, it's been over a month now, I feel like they are stalling.
    Is there something I can do to speed up the Plaintiff? Is there some kind of a form I can file? I want my money back, what can I do?
  2. #2
    JETX is offline Senior Member
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    And why didn't you appear in court and raise these issues??? It is very likely too late to raise them now.
  3. #3
    joetta545 Guest
    I did appear in court, and the Judge suggested that he will hear further issued through letters. The discoveries came after the Oral Hearing, copies were sent to the Court and RRR to Plaintiff
  4. #4
    JETX is offline Senior Member
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    My post was in reference to the ORIGINAL lawsuit, not your later attempts to amend it.

    And though I really didn't intend to do detailed response, here goes:

    First, your subject line... You have not just been sued. You were sued some time ago and a judgment was rendered against you. Your current status is really, being pursued by Judgment Creditor.


    "My Bank accts were levied upon and the Judge granted the Turnover to the Plaintiff the sum of $3,000.00 they are Debt Collectors."
    *** Their being 'debt collectors' is not relevent. The facts are, you were sued and a judgment rendered against you. The judgment creditor is now trying to enforce the judgment since presumably you have refused their demands for payment.

    "I immediately issued a Motion for Reconsideration and the Judge will have a Hearing sometime this month (September), I hope,"
    *** Personally, I doubt that your motion for reconsideration will work. Simply, your post doesn't offer ANYTHING to support the motion that the earlier court ruling was in error AT THE TIME. You are now trying to present additional evidence that should have been presented at the hearing. Why didn't you present it then??

    "The Judge is now waiting for comments from both sides before he rules."
    *** And what is the basis for your motion???

    "In August, I discovered 2 more issues, a canceled check that shows the last date I paid on this Visa account indicates that the SOL has run and also, they violated Sec#812 of FDCPA,"
    *** As noted above, the time to have presented those issues was at the hearing.... or no later then in the time allowed for appeal. I will be surprised if the court allows you to present them and have them considered after the fact.

    "I sent a letter with copies of my discoveries, RRR, and copies to the Judge."
    *** What 'discoveries'?? Did you do a pretrial discovery on some party??

    "I called the court to ask what is the status on my case and the clerk said they are still waiting for the Plaintiff' s response. I've called the Plaintiff numerous times asking for their response to my letter they said they will send it out in a few days, it's been over a month now, I feel like they are stalling."
    *** Your post doesn't say anything about WHEN you sent the motion or when the court requested responses. How long has it been since the court requested responses (your post says a month, but that was probably when you made your motion, not the courts request)?? Also, the court would normally set a deadline for responses. What was set??

    "Is there something I can do to speed up the Plaintiff? Is there some kind of a form I can file? I want my money back, what can I do?"
    *** And exactly what is the reason for you expecting 'your' money back??? The only reason that would apply would be to file a request for exemption of the garnishment, if applicable.
  5. #5
    joetta545 Guest
    I immediately issued a Motion for Reconsideration and the Judge will have a Hearing sometime this month (September), I hope,"
    *** Personally, I doubt that your motion for reconsideration will work. Simply, your post doesn't offer ANYTHING to support the motion that the earlier court ruling was in error AT THE TIME. You are now trying to present additional evidence that should have been presented at the hearing. Why didn't you present it then??

    I first want to apologize for the Subject Line, I was trying to get attention to this case. Second, I didn't present the evidence because it didn't come to my attention until after the hearing. Third, the Judge did say he will hear further arguments through letters from both sizes, that's why I sent the new discoveries

    *** Your post doesn't say anything about WHEN you sent the motion or when the court requested responses. How long has it been since the court requested responses (your post says a month, but that was probably when you made your motion, not the courts request)?? Also, the court would normally set a deadline for responses. What was set??

    The Motion was sent immediately after my funds was disbursed to the Plaintiff in May 2003
    The court clerk said all she knows is that my case is still Pending.
    The bases of my Motion is I've never been served a summons, the name on their Judgment is incorrect, and the name of the Company that sued me is a company I never hear of, and before you chew me out again, the account number from this company is the account number from a MasterCard I had, not a Visa that they claim, there's a joint account involved and the account holder wants their money back and I have been arguing the SOL, (and finally I have proof of the SOL, my discovery) and also the violation of FDCPA Sec#812, I received the Court decision to Turnover my funds to the Plaintiff on the Plaintiff's letterhead and it was signed by the Judge (this is my second discovery).

    If I can not get my money back, why would the Judge, whose signature is on the Plaintiff's letterhead suggest further arguments through letters from both sizes.
  6. #6
    JETX is offline Senior Member
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    "If I can not get my money back, why would the Judge, whose signature is on the Plaintiff's letterhead suggest further arguments through letters from both sizes."
    *** Because he wants to see which one fits.... .
    As to why.... who knows. Is this a small claims case?? If so, it is not uncommon to get some weird (sometimes VERY weird) happenings in that court. And if it is, you can almost count on anything that is not in conformance with the law (like a submittal of after-the-fact evidence) to be appealed by the plaintiff.
  7. #7
    joetta545 Guest
    JETX

    I really appreciate your response.


    *** Because he wants to see which one fits.... .
    As to why.... who knows. Is this a small claims case?? If so, it is not uncommon to get some weird (sometimes VERY weird) happenings in that court. And if it is, you can almost count on anything that is not in conformance with the law (like a submittal of after-the-fact evidence) to be appealed by the plaintiff.

    I believe it's Small Claims Court, the amount is $3,000.00. I hope the Plaintiff will Appeal or do something. Seems like everything slowed up when I submitted those 2 discoveries/documents.
  8. #8
    JETX is offline Senior Member
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    Probably because everyone was laughing too hard....
    Sorry, my 'evil twin' took over and typed that!!

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