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  1. #1

    Default Already Paid Debt

    My question involves collection proceedings in the State of: Both New Jersey and PA

    I have a long issue that only recently came to light. I know the most common answer is get a lawyer but im concerned that for all the cost I don't know enough to proceed.

    In or around 2000 I had a pair of credit cards for one company lost my job and could not pay. One year passed and found myself employed and was contacted about the debt. I made a agreement to pay in payments in 2001-2002. I was told after the last payment was received I would receive a release of debt form. I paid all payments. Never received a release of debt form. I lived in NJ at this time. At some point in 2008 I received summons for court in Philadelphia. I went and showed the law firm that was hired for this debt, the copys of the checks paid. The case was withdrawn. In 2009 a different law firm sent news that they were retained to get the same debt. A summons never came. In 2010 I was looking at my credit report for a good job so there was no surprises for the interview process for a gaming license. A Judgement had been filed against me in New Jersey. I received no summons or had any idea of the proceedings. It was dated 2008. I have tried to dispute it on my credit report and call the Courts. I did not get any response beyond that the debt was verified. First Should the Court action where I live in Philadelphia, PA superceed the NJ case. Second This Debt was paid to begin with what Can be done or expected. I kept records of the checks. I received at the time notice that payments were received but they were not official or release of debt forms. I know I should get a Lawyer but now the prices they are asking for after no communcation im assuming because of interest on a debt that was already paid. What can be done?

  2. #2
    Join Date
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    Default Re: Already Paid Debt

    If a default judgment was obtained against you in Pennsylvania, you will have to explore the court file to determine when and how you were reportedly served, and try to evaluate based upon the full facts whether you have any chance of setting aside the default.

    If by "a judgment was filed against me in New Jersey" you mean that the creditor domesticated the Pennsylvania judgment so it could be collected in New Jersey, you should have raised a challenge to registration at that time based upon your questions about the procedure that was followed in obtaining the judgment. If you mean something else, please better explain what you mean.

  3. #3

    Default Re: Already Paid Debt

    Quote Quoting Mr. Knowitall
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    If a default judgment was obtained against you in Pennsylvania, you will have to explore the court file to determine when and how you were reportedly served, and try to evaluate based upon the full facts whether you have any chance of setting aside the default.

    If by "a judgment was filed against me in New Jersey" you mean that the creditor domesticated the Pennsylvania judgment so it could be collected in New Jersey, you should have raised a challenge to registration at that time based upon your questions about the procedure that was followed in obtaining the judgment. If you mean something else, please better explain what you mean.
    1. No judgement was posted in PA, the case was withdrawn by the Law office after my evidence was submitted to them.

    2. The New Jersey Judgement was found on my credit report. I never recieved any word about it. The dates of the PA case is after the dates of the judgement, my question is more to the facts of if the "PA lawsuit seeking payment of debt" was withdrawn how can the NJ judgement be on my record. Shouldn't the fact that I never recieved summons, and resolved said issue in PA supercede a ruling from NJ from a residence I did't live in or live at when the debt was even paid. It is ruining my credit and I paid it over six years ago.

  4. #4
    Join Date
    Sep 2005
    Location
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    98,846

    Default Re: Already Paid Debt

    If you are now stating that you were sued in New Jersey, that a default judgment was entered, but that you were never notified of the suit, you need to review the court file from that case to determine where, when and how you were supposedly served, and investigate whether you have a basis to set aside the default. A case that was dismissed without prejudice won't prevent the refiling of the matter, whether in the same state or in another with jurisdiction over the parties and subject matter.

  5. #5

    Default Re: Already Paid Debt

    sorry about the repost. I have called The County that it was filed and given a lot of "direction" but not substance. I will try harder thank you.

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