Need Urgent Help - Default Judgment in NY filed in NJ

[TheIntelCritic]

Hello my dear friends:

As you may already know, I am engaged in a feverish battle with the pariah known as debt collectors. Here's the scoop:

Debt collector got a default judgment against me in NY. I filed an order to show cause/motion to vacate judgment. The judge denied it. My fault, because I forgot to stress in my filing that I have a dual residence and I couldn't have received the summons.

I then filed a Motion to Dismiss. I haven't heard back from the judge on that yet, so I'm waiting.

In the meantime, the debt collector went and filed the default judgment against me in New Jersey.

My question is this: After I hear back from the judge regarding my motion to dismiss (if the judge denies it) I will then file a Motion for Judgment Nowithstanding the Verdict. Where would I file this motion? In NY or in NJ?

Please advise.

[PANICPASS]

How could they have filed a default judgment in both states? Did they file a complaint in both states?


From Answers.com


The phrase "judgment notwithstanding the verdict" is abbreviated JNOV, which stands for its Latin equivalent, judgment "non obstante veredicto." The remedy of JNOV applies only in cases decided by a jury. Originally this remedy could be entered only in favor of the plaintiff, and the similar remedy of arrest of judgment could be entered only in favor of the defendant. Under modern law a JNOV is generally available to both plaintiffs and defendants, and an arrest of judgment is primarily used with judgments in criminal cases. A JNOV is proper when the court finds that the party bearing the burden of proof fails to make out a prima facie case (a case that on first appearance will prevail unless contradicted by evidence).

[snip}

In entering a JNOV, the court is simply reversing the jury's verdict; the motion cannot be the basis for increasing or decreasing the verdict. When granting a JNOV, the court needs to independently assess the damages or order a new trial on the issue of damages.


It seems to me that if it is the same case in both states you would file the document, motion and/or pleading in both states.

[BOBT12]

Originally Posted by TheIntelCritic

Hello my dear friends:

As you may already know, I am engaged in a feverish battle with the pariah known as debt collectors. Here's the scoop:

Debt collector got a default judgment against me in NY. I filed an order to show cause/motion to vacate judgment.

Where did you file this action?

Originally Posted by TheIntelCritic

The judge denied it. My fault, because I forgot to stress in my filing that I have a dual residence and I couldn't have received the summons.

I then filed a Motion to Dismiss. I haven't heard back from the judge on that yet, so I'm waiting.

If there is a Judgment against you, you are most likely passed the Motion to Dismiss phase. You need to show why the Summary Judgment is improper.

Originally Posted by TheIntelCritic

In the meantime, the debt collector went and filed the default judgment against me in New Jersey.

You need to show why the Summary Judgment is improper. You may only have ten (10) days to respond. This should be done in NJ. Do not wait, deal with this now!

Originally Posted by TheIntelCritic

My question is this: After I hear back from the judge regarding my motion to dismiss (if the judge denies it) I will then file a Motion for Judgment Nowithstanding the Verdict. Where would I file this motion? In NY or in NJ?

Please advise.

Where did you send the Motion to Dismiss? In attacking the Summary Judgment you may wish to raise an issue with regard to Personal Jurisdiction, if you don’t live in NJ. You must check the Rule of Procedure in both states to see what they require. Yet you should respond to the Summary Judgment ASAP, it seems to me.

[TheIntelCritic]

I have a dual residence in both states, so the situation is sticky.

From what I do know, a judgment in one state will be honored in another state. That's how the system works.

The default judgment against me happened in NY. The debt collector then filed the judgment with the state of New Jersey. It's legal.

I'm just not sure which state to take action in now. Where is Lawdog?

[BOBT12]

Originally Posted by TheIntelCritic

I have a dual residence in both states, so the situation is sticky.

From what I do know, a judgment in one state will be honored in another state. That's how the system works.

The default judgment against me happened in NY.

Then you must attack the Default Judgment in NY. If you were not served with a Notice to Defend, you must let the court know this ASAP. Check you Rule of Procedure and/or the Courthouse about this situation. Remember, you only have a few days to respond.

Originally Posted by TheIntelCritic

The debt collector then filed the judgment with the state of New Jersey. It's legal.

I'm just not sure which state to take action in now. Where is Lawdog?

Originally Posted by Lawdog

Well, if you can't afford to hire a lawyer to defend you, you need to file an answer raising any valid defenses you have (statute of limitations, improper service, etc.), as well as any counterclaims you have against the plaintiff.

You don't want to do nothing and have a default judgment entered against you. Getting one of those set aside can be a real hassle....

Making a motion to set aside a default judgment on grounds that you were never properly served does NOT mean that you are admitting that the court has jurisdiction. Quite the contrary, you are saying that the court never achieved personal (aka in personam) jurisdiction over you because you were never properly served, and therefore the judgment against you should be nullified. Opening of default judgments in federal courts is governed by Rules 55 and 60 of the Federal Rules of Civil Procedure. If this judgment was issued against you in state court, you need to check your state's civil procedure rules.

And you might need to hurry. Opening a default as a matter of right (as opposed to such being in the discretion of the court) can expire in as little as 15 days after the date of default.

Emphasis added. Note the deadline may be shorter, I have seen ten days, unless you are aware of Rule of Procedure, I would go with the shorter deadline.

[TheIntelCritic]

Thanks BOBT12:

My first order to show cause/vacate motion was denied.

I'm not sure what will happen to my Motion To Dismiss thereafter.

I'm waiting for the decision on my Motion To Dismiss to come back so I can motion for the Judgment Nowithstanding the Verdict.

Which motion is better? A motion for judgment notwithstanding the verdict, or a motion for a new trial in general?

I ask because of this: The debt collector said that they were the assignees/owners of my alleged debt. They got a default judgment against me.

When I pulled my credit report recently, the alleged original creditor has a statement on my report that the alleged debt was sold to a different organization.

If the debt collector who has the judgment against me claims they are the owners/assignees, how the hell could the original creditor have sold the alleged debt to someone else?

I am thinking that I should motion for a new trial based on this newly discovered evidence and counter-sue for fraud.

Please advise.

[BOBT12]

Originally Posted by TheIntelCritic

Thanks BOBT12:

My first order to show cause/vacate motion was denied.

Why was this denied?

Remember LD stated,

Originally Posted by Lawdog

motion to set aside a default judgment

You may want to give this a try again, if there is time.

Originally Posted by TheIntelCritic

I'm not sure what will happen to my Motion To Dismiss thereafter.

You should check to see what the court's Motion Practices are. Again, if there is a Judgment you are likely past the point that the MtD will matter much.

Originally Posted by TheIntelCritic

I'm waiting for the decision on my Motion To Dismiss to come back so I can motion for the Judgment Nowithstanding the Verdict.

Which motion is better? A motion for judgment notwithstanding the verdict, or a motion for a new trial in general?

You must attack the Judgment. Everything eles is secondary at this point.

Originally Posted by TheIntelCritic

I ask because of this: The debt collector said that they were the assignees/owners of my alleged debt. They got a default judgment against me.

If you were not served with a Notice to Defend, then this is one of your strongest issues.

Originally Posted by TheIntelCritic

When I pulled my credit report recently, the alleged original creditor has a statement on my report that the alleged debt was sold to a different organization.

I don't know what this means. Credit reports may have errors in them. In any event, I don't know how this would impact you court situation.

Originally Posted by TheIntelCritic

If the debt collector who has the judgment against me claims they are the owners/assignees, how the hell could the original creditor have sold the alleged debt to someone else?

The court gave the Judgment to the company named in that Judgment, you must attack the Judgment before you do anything eles.

Originally Posted by TheIntelCritic

I am thinking that I should motion for a new trial based on this newly discovered evidence and counter-sue for fraud.

Please advise.

One step at a time, attack the Judgment. Once you are successful with that you may want to consider a suit of your own. However, it is not good to try to combine the issue of the suit with the attack of the Judgment.

[Lawdog]

Originally Posted by TheIntelCritic

I'm just not sure which state to take action in now. Where is Lawdog?

Typical. When I try to stop someone from drinking the pseudo-law Kool-Aid in the first place, I get called an evil deceiver, lying bastard, etc. etc.

Then when someone is really in a jam, they wonder where I am and can I please help?

It's late, and I'm tired. Maybe I'll post something on this tomorrow or the next day. But based on what you've said so far, the best course of action is to find an attorney who is licensed in BOTH New York AND New Jersey and have him attack this judgment for you.

As soon as possible, too. As in, immediately if not sooner.

Good luck.

[ezrhythm]

Originally Posted by Lawdog

...find an attorney

Riiiiight, so you can pay him instead of the debt collector!

As a cage is full of birds, so are their houses full of deceit; therefore they have become great and have waxed rich.

[joycecappello]

Hello,
Most judgements are inherently void. Procurred by fraud.
They can and should be vacated with damages. No statute of limitations either. File A Petition To Vacate A Void Judgement. Email me , I think I have almost every case out there citing voids. joycecappello@verizon.net
www.joyce101.com. God Bless.
Joyce