Legal Question in Business Law in New Jersey
Execution Sale
I moved from my parent's home in 1995. I put in a change of address form and everything. Apparently a credit card company did not receive this. My mother has since moved to a new house. Just a week ago she received something from the union county court house for me. She opened it in case it was important. It was notice stating that they are coming to her house for an execution sale on me. I have never lived there. What rights does she have to turn them away? I had her send the paperwork back stating that I have never lived and had her give them my new address. I don't want them seizing her property. Please help!
2 Answers from Attorneys
Re: Execution Sale
They cannot execute against your mother's assets unless somehow her credit was involved with your card. Sp she should be protected. You should retain an attorney and have him file a motion to vacate the default judgment that apparently was entered against you by the court on the card's claim. Have him ascertain how "service" was effected upon you. My real question is if you knew you were using the card and not being billed to your new address, why didn't you contact them directly rather than rely upon the change of address with the post office, to advise of the change of address. Sorry to say, it sounds like you will appear to be ducking the responsibility for payment and this may work against you when you get to court.
Re: Execution Sale
Why don't you call the attorney's office listed on the notice and pay the outstanding amount? When you moved and didn't receive bills from the credit card company did you call them? Moving does not affect your promise to pay them the amounts that you charged. Prior to getting to this stage they probably sent you a whole bunch of letters and legal papers, some by certified mail. There is no way to get to an execution sale without showing the court that they sent them to you so either someone received them and threw them out or they are sitting somewhere. If they are sending the execution to your parents' house then that is probably where the prior notices went.
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