Author Topic: default judgment by forster garbus and garbus in new jersey, what to do ?  (Read 18067 times)

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boklos

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 So here is an UPDATE guys, i did send the motion to vacate judgment and another motion to reconsider and what happened is their lawyer send me a note that i did not submit proper defense, but the GOOD THING is that the court replied and told me that i NEVER FORMALLY ANSWERED THE COMPLAINT !!

 So they told me that i should send a motion to vacate the default judgment accompanied with a motion to an out of date  answer to the complaint. i think this is a good thing, but i have no idea what i should answer the complaint with ? in brief it was Discover bank asking me for $3500 credit card debt.

So if you could direct me with a link or other, i appreciate all the help, i'm obviously a newbie !

boklos

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NEW UPDATE 6-14: SO guys i guess i got lucky, after i mailed my Judgment vacate, it GOT ACCEPTED !! i received a notice that the default judgment has been vacated as of 5/29 and that the case is back to court.
What would be my best course of action now ? send arbitration request or what ?

thanks all

freedy

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 In new jersey.   Email me.   Pesche22@aol.com

Bruno the JDB Killer

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Sounds like special civil, all the forms to answer, etc are on line.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

boklos

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 :woohoo:
Yesterday i was in the court, almost one yer since i was sued and i got " Dismissed with no prejudice " :)
Thank you all in this board, it all started when i got sued, and a a newbie i got a default !
But after i knew this board, i kept fighting it, and with little luck, yesterday case was dismissed. !!
Again thanks all !!

Here is the summary of that year :
Sued by Discover in NJ
Answered with : i need time
Answer stricken
Default judgment
motion to vacate judgment
Motion granted
Case back in court
Answer to complain : Denied all
Arbitration filed with JAMS
Motion to compel arbitration
Few adjournments
Motion vacated
Trial
Case dismissed for lack of burden of proof ( judge needed someone from Discover to proof debt, lawyer was not enough! )
Dismissed with no prejudice.


So am i all set here ? What if they sue me again ? compel arbitration again ?

Again thanks all

fisthardcheese

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  • They forced arbitration into your contract. Use it
You already filed with JAMS.  Is that case still open and pending?  If they try to refile a suit against you, you have the defense of Arbitration and a possible FDCPA violation against their attorney.

However, I would be careful with this pending JAMS case.  They may just pay JAMS and go after you there to get you to pay - depending on the amount owed and how much you upset them.  :)
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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It looks like the MTC was not granted, so he may not have a violation if they file again.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

boklos

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The debt was around 3000 and change. JAMS asked for filing fee from both parties and it was left there.
So if the file again in court, compel arbitration?
And if they pay JAMS , don't show up?

Bruno the JDB Killer

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If you don't pay your JAMS fee they can take you back to court. If you pay and no-show, you'll lose the case. At this point you'll have to wait to see if they want to pursue this. When did you default? Discover is in Delaware and has a 3 year SOL. NJ lets you apply theirs to the case.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

coltfan1972

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JAMS asked for filing fee from both parties and it was left there.
So if the file again in court, compel arbitration?

About a month ago it was the 7th or 10th circuit that held you are now out of luck for not paying up, and you're in default of the arbitration clause [that's fancy for you lost your arb right].
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

boklos

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In the contract they say they will ay
Pay arbitration fee, so I requested it from them and when I filed JAMS, I wrote discover should pay for me fee as per their agreement.
My question is if they Sue me back, what should I do?

Bruno the JDB Killer

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What year agreement did you use? The 2009 one says:


Fees and Costs. At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to Discover, PO Box 30421, Salt Lake City, UT 84130-0421.

According to this, they will only pay your fees of THEY initiate arbitration. I would pay the 250 or you may waive your right to arbitration.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

haggard

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  • I'm a non-attorney spokemodel

Trial
Case dismissed for lack of burden of proof ( judge needed someone from Discover to proof debt, lawyer was not enough! )
Dismissed with no prejudice.



Congratulations!  I'm curious about the quoted aspect of your description.  Did the judge make this decision after the plaintiff had an opportunity to present all of its evidence?  If so, I am surprised that there would have been a judgment without prejudice.  Generally a party is not allowed more than one bite at the apple, and in my experience what you described would have resulted in a final judgment in favor of defendant.  Is there some quirk that you haven't described here?
I'm dumb and I don't give good advice. Ask my few friends.  They know this and I know this.  My advice should not be considered legal advice.  So (1) there's no need to tell me in this forum that I am dumb, and (2) don't take my advice without first consulting an attorney.

boklos

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I used the 2012 agreement, and it didn't say that part.
Jams fee is $400 and I won't pay that.
The question I didn't get an answer for isbwhat if the refile the case? What is my course of action?

The judge said that he had to dismiss the case bc he needs a l( live body) from discover to proof debt, thats exactly what he said , and he said they can refile another case if they want.

coltfan1972

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The question I didn't get an answer for isbwhat if the refile the case? What is my course of action?

Your posts are very hard to read, are you driving and texting?

To answer your question, the same course of action in any case.

Defend, settle, or arbitration. 

You could be in default of the arbitration agreement if you elect and don't follow through. 

The fact they need a "live body" from discover does not change if they file another suit.   They will either come up with that live body or drop the whole thing.   I'd say there is a 99% chance you never hear from them again. 

They could have beat you in this case, but like 99.99% of creditors they decided not to spend the money to do that, so why would they refile?  If they were going to beat you they would have shelled out the money to beat you in the case that was just dismissed. 

LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

 

credit