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  1. #1

    Default Judgment Not Properly Served

    My question involves judgment recovery in the State of: New Jersey

    Hello, I'm new here and have been drowning in debt related situations for the past few months. I have credit card debt (since divorce - before that fico in the mid 700's) and am frantically trying to work things out. Unfortunately due to my ignorance of the proper procedures I have received an "Order entering summary judgment" which was sent to me via US Postal Service regular mail. Someone mentioned that since this was not served with the receipt of a signature I may have the ability to submit a request for dismissal due to improper service. I've been searching for the NJ legal procedure but can't find anything I can understand. I can't afford an attorney, would like to settle the debt with the credit card lawyer for a percentage which I'll pay in a lump sum, but they are very difficult to deal with. It was suggested that if I can get the judgment dismissed the lawyer may be more open to negotiation.

    I would be extremely grateful for any information to assist me. I'd like to get this behind me.

    Thank you in advance for any insights you share.

  2. #2
    Join Date
    May 2007
    Location
    Philadelphia, PA
    Posts
    75

    Default Re: Judgment Not Properly Served

    Are you saying that you have never been served with any legal papers whatsoever, then you received an "Order granting summary judgment" in the mail ?

    If you were previously personally served with a lawsuit, then all subsequent pleadings in that lawsuit are allow by regular mail.

  3. #3

    Default Re: Judgment Not Properly Served

    Quote Quoting MSGB
    View Post
    Are you saying that you have never been served with any legal papers whatsoever, then you received an "Order granting summary judgment" in the mail ?

    If you were previously personally served with a lawsuit, then all subsequent pleadings in that lawsuit are allow by regular mail.
    I was received a summons by mail, responded to court, answered the complaint and had a court date. I called the court clerk to ask some questions regarding the court date (a few days before I was to appear) and was told that the judge had granted a Summary Judgement and court date was cancelled. Received notice of judgement via regular mail. I have not at any time signed for receipt of any papers from the court or the plaintiff.
    I read somewhere that not being properly served is a valid request to dismiss the judgement. In doing so I could possibly strike a settlement agreement with the creditor's attny. I'm not well versed in these matters and may be grasping at straws but I'm desperate and filled with fear.

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Judgment Not Properly Served

    You could ask for this to be set aside; whether that will happen is something I do not know.

    GENERALLY one of the things you have to plead and prove in such a motion is that you have a good defense.

    Do you have a good defense?

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