Default Judgemant against NJ resident in NE - bogus contract

[BOM]

I am a resident of New Jersey and was sued in small claims court in Nebraska. I could not attend and I wrote a letter to the court and left a message with the judge informing him of this but never heard back.

The case is about a defective laptop that I bought from a company online that is located in Nebraska. I was unhappy with it and returned it via UPS. While in the custody of UPS, the laptop was stolen. UPS took responsibility and paid out $100. I could not collect the full amount because UPS stated I did not declare the value, which I had and apparently did not go through due to an error with the website.

Long story short, even though the computer company was aware that UPS conducted an investigation and took responsibility, they sued me because they stated that I was instructed in an email to insure the package. They claim this is a legal contract even though I never agreed to insure the package, attempted to insure it anyway out of common sense and was not in the custody of the laptop when it was stolen.

How to I fight this situation? The company had me served with the summons by my County Sheriff’s department here in New Jersey. In the letter I sent to the judge I did argue Personal Jurisdiction, Undue Hardship and Lack of Claim. Again, the Court never responded to my phone message with the Judge or my letter. They simply ruled against me. Furthermore, I have severe medical conditions that prevent me from traveling long distances. This is not important because I did notify the court that I could not attend on the scheduled date.

 

[Zigner]

I suggest that you pay for the laptop. You do owe, both due to the judgement and due to the fact that you were responsible for returning it.

 

[latigo]

I am a resident of New Jersey and was sued in small claims court in Nebraska. I could not attend and I wrote a letter to the court and left a message with the judge informing him of this but never heard back.

The case is about a defective laptop that I bought from a company online that is located in Nebraska. I was unhappy with it and returned it via UPS. While in the custody of UPS, the laptop was stolen. UPS took responsibility and paid out $100. I could not collect the full amount because UPS stated I did not declare the value, which I had and apparently did not go through due to an error with the website.

Long story short, even though the computer company was aware that UPS conducted an investigation and took responsibility, they sued me because they stated that I was instructed in an email to insure the package. They claim this is a legal contract even though I never agreed to insure the package, attempted to insure it anyway out of common sense and was not in the custody of the laptop when it was stolen.

How to I fight this situation? The company had me served with the summons by my County Sheriff’s department here in New Jersey. In the letter I sent to the judge I did argue Personal Jurisdiction, Undue Hardship and Lack of Claim. Again, the Court never responded to my phone message with the Judge or my letter. They simply ruled against me. Furthermore, I have severe medical conditions that prevent me from traveling long distances. This is not important because I did notify the court that I could not attend on the scheduled date.

I have serious doubts as to whether a one time order of goods from a vendor in Nebraska constitutes the buyer's “transacting any business” in Nebraska under that states long arm statute such as to entitle a Nebraska court to exercise jurisdiction over the person of the buyer. Nebraska Revised Statutes Section 25-536 (1) (a)

Not in view of the syllabuses from these cases.

"Question of whether in personam jurisdiction is acquired under Nebraska long-arm statute depends primarily on the quantity, nature, and quality of the parties’ contacts with the forum state." Aaron Ferer & Sons Co. v. Atlas Scrap Iron & Metal Co., 558 F.2d 450 (8th Cir. 1977).

"It is a nonresident defendant’s contacts with the forum state that are of interest in determining if in personam jurisdiction exists, not its contacts with the resident plaintiff." Gendler v. General Growth Properties, 461 F. Supp. 434 (D. Neb. 1978).

_______________________

So . . . . since you have no practical means of attacking the judgment in the state where it was issued, I would abide my time and wait until and if the Nebraska judgment creditor attempts to register/domesticate its judgment in New Jersey. And then raise the lack of jurisdiction issue as denying the Nebraska judgment "full faith and credit" recognition.

In explanation – a Nebraska judgment - nor any state judgement or order- has no extraterritorial effect. It is only by having the foreign judgment first registered in a sister state (according to the laws of that state) that it can be enforced in a sister state. But it requires prior reasonable notice to the judgment debtor who then has the opportunity to contest the question of the foreign state having personal jurisdiction.

 

[Zigner]

Which doesn't change the fact that the OP owes the money. Judgement or not...

 

[LdiJ]

Which doesn't change the fact that the OP owes the money. Judgement or not...

I don't know if I necessarily agree that she owes the money, judgement or not. The laptop was defective and was being returned as defective. Its unfortunate that she did not properly insure it, but if it really was defective, its a grey area.

 

[Zigner]

I don't know if I necessarily agree that she owes the money, judgement or not. The laptop was defective and was being returned as defective. Its unfortunate that she did not properly insure it, but if it really was defective, its a grey area.

If it was defective, the OP needed to return it for repair. The OP didn't return it. It's really not a grey area.

 

[LdiJ]

If it was defective, the OP needed to return it for repair. The OP didn't return it. It's really not a grey area.

Do you really think that companies repair defective laptops and resell them as new?

 

[Zigner]

Do you really think that companies repair defective laptops and resell them as new?

Totally irrelevant. There is no proof that the laptop is defective. The OP either needs to return the laptop (impossible now) or owes the money.

 

[BOM]

Update

I wanted to first clarify that it does not matter if the laptop was defective or not. The company had a 100% "No Questions Asked" return policy.

Anyway, I was able to retain counsel here who has moved for a collateral attack. In addition the attorney representing the company violated two rules under the FDCPA so we are working on filing a complaint with the Federal courts. In addition, my attorney found fault in the online Terms of Conditions due to its use of a browse wrap/ click wrap? I’m not too familiar with that argument but apparently he feels confident in it. If he wins that argument it may open the doors to other unhappy former customers.

Basically they have to determine if its even worth the money to pursue domesticating the judgment since the expenses will far outweigh the benefit and although they have communicated with an attorney in NJ my understanding is that he advised them that it was not worth pursuing. Especially since I have been deemed "judgment proof" and am also pursuing Chapter 7.

 

[BOM]

addition

This company has has a host of similiar complaints about fulfilling contracts and discussing them on public forums, including FreeAdvice: https://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/sager-laptop-repair-frustration-575766.html#post3070215

 

[justalayman]

violating the FDCPA? What?

even if there were FDCPA violations, which based on your explanation is impossible, it would not affect the underlying debt.

In addition, my attorney found fault in the online Terms of Conditions due to its use of a browse wrap/ click wrap? I’m not too familiar with that argument but apparently he feels confident in it.

you cannot use that for an appeal now.

Basically they have to determine if its even worth the money to pursue domesticating the judgment since the expenses will far outweigh the benefit and although they have communicated with an attorney in NJ my understanding is that he advised them that it was not worth pursuing

It's all part of them doing business plus there is a likelihood they can claim the costs from you. Haven't checked but I can imagine where they would be additional costs you could be held liable for.

Especially since I have been deemed "judgment proof" and am also pursuing Chapter 7.

then call them up and tell them who your lawyer is and your case number.