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  #1  
Old 04-24-2009, 10:48 AM
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Motion to Vacate Judgement Denied

What is the name of your state (only U.S. law)? New Jersey

I have been sued in the Special Civil Part of the Superior Court of New Jersey over a debt which in not mine - the account numbers on the plaintiff's documentation do not match any credit card I have ever held.

I have attempted to explain this to the court, but my documents were returned to me with the check uncashed because 'no docket number was enclosed'

Shortly after, a judgement was entered against me.

I sent in a Motion requesting oral argument, which was denied because I had not answered the interrogatories, which is true.

This is not my debt! Now, what do I do?What is the name of your state (only U.S. law)?
  #2  
Old 04-24-2009, 10:52 AM
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You need an attorney - you are obviously in over your head.
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  #3  
Old 04-24-2009, 11:04 AM
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But, again, this is not my debt!!

The amount they are claiming is $381. What if I just show up in court asking to be heard?
Last edited by cprenovost; 04-24-2009 at 11:17 AM.
  #4  
Old 04-24-2009, 12:03 PM
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Nobody said it was. However, your understanding of how to file motions and otherwise navigate through civil procedure is failing miserably. Why did you not refile the documents properly? Why did you not answer the interrogatories? Why did you not appear in court (or did you leave that part out)?
  #5  
Old 04-24-2009, 12:26 PM
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I did not leave anything out - thanks for the accusation.

I actually WANT to appear in court to straighten this out.

When the court returned my forms to me, as stated above, I did not know what to do next.

And the interrogatories are asking for everything, all my assets, bank account, ect. For a debt that is not mine.

So, please answer the question: Can I just show up in court, and ask to be heard?
  #6  
Old 04-24-2009, 01:09 PM
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Quote:
Can I just show up in court, and ask to be heard?
No, you have to request a hearing. In your case, you need to file an appeal. I would suggest doing this within 30 days of when the judgment was granted. And as stated, your obvious lack of legal knowledge would suggest hiring an attorney, you are in way over your head.
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  #7  
Old 04-24-2009, 02:06 PM
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Quote:
Originally Posted by cprenovost View Post

When the court returned my forms to me, as stated above, I did not know what to do next.
Put the docket # on it and send it back? Frankly, I'd have done so in person to assure that they were accepted.
Quote:
And the interrogatories are asking for everything, all my assets, bank account, ect. For a debt that is not mine.
You still can't just ignore them. You have to object to them, etc...

Quote:
So, please answer the question: Can I just show up in court, and ask to be heard?
Can you just show up? No. You have to be on the docket.

I asked if you went to court, because they have a judgment against you. The usually comes as a result of an appearance. It's not an accusation, we're just trying to get all the pertinent information. Since you didn't I assume a summary judgment was issued either because you had a court date that you missed, or because you didn't respond to the suit properly.

As pointed out GET A LAWYER NOW! The clock is ticking. You only have a limited time to fight the summary or default judgment.
  #8  
Old 04-24-2009, 02:14 PM
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Quote:
Originally Posted by cprenovost View Post
But, again, this is not my debt!!
The above statement shows that you are woefully ignorant of the process and definitely need the help of an attorney. As of right now, THIS IS YOUR DEBT!


Why? Because...
Quote:
Originally Posted by cprenovost View Post
Shortly after, a judgement was entered against me.
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Tell it like it is! When all else fails, make up a statistic!

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  #9  
Old 04-24-2009, 02:23 PM
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Flying Ron: Thank you for your time.

Yes, I should have contacted the court when my forms were returned, but too late now.

They obtained a judgement against me with no personal appearance, because I did not answer the forms properly.

I do not think hiring a lawyer over a $381 dollar debt is a good idea. It would be cheaper to pay the debt! Profoundly aggavating since it is not my debt, but what other choice is there?
  #10  
Old 04-24-2009, 02:24 PM
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Quote:
Originally Posted by cprenovost View Post
Flying Ron: Thank you for your time.

Yes, I should have contacted the court when my forms were returned, but too late now.

They obtained a judgement against me with no personal appearance, because I did not answer the forms properly.

I do not think hiring a lawyer over a $381 dollar debt is a good idea. It would be cheaper to pay the debt! Profoundly aggavating since it is not my debt, but what other choice is there?
It IS your debt. (See above)
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #11  
Old 04-24-2009, 04:50 PM
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OK - So what I am being told here is tough luck, you're screwed, the court has rendered a judgement and that's it. If I hire a lawyer I am out lot of $$$, If I try to settle I am out lots of $$$.

So my best bet is to do nothing. Let them try and collect.

Zigner, thanks for telling me how ignorant I am and how I should spend money I dont have on a lawyer to pay a debt that is not mine.
Last edited by cprenovost; 04-24-2009 at 04:52 PM.
  #12  
Old 04-24-2009, 05:02 PM
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Quote:
Originally Posted by Zigner View Post
You need an attorney - you are obviously in over your head.
The first time I've ever agreed with you.

Sorry OP, but it looks like you did not file the papers correctly and as such the court wouldn't accept them and the judgment was granted against you.

You either need to really study the rules of civil procedure for your court, or speak to a lawyer who can help you with this. You might have some recourse in the appeal process, but again you'll really need to study the RCP or have a lawyer help you.

Good luck.
  #13  
Old 04-24-2009, 05:13 PM
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Well this is what happens when you hire a fool for attorney.
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  #14  
Old 04-24-2009, 06:06 PM
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If you look, you may be able to find a lawyer who will represent you for free or cheap. Or, you may be able to counter sue for your legal fees. Or you can just pay the debt. Or you can spend a long time in the law library learning how to file proper motions.
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  #15  
Old 04-24-2009, 06:06 PM
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Ok, let's look at it logically.

You don't know what you are doing with the courts
You can't afford to hire an attorney
Even if you could, it's not worth it to you


Just pay it!
__________________
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*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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