Legal Question in Credit and Debt Law in New Jersey

i was summoned in a nj court for a debt collection matter but i have moved to another state 4 years ago of which i now reside. my parents signed for the summon last month and now find myself having to send a notice to vacate the default judgement against me by this debt collection agency posing to be collecting as lawyers for FIA Card services.

I just wanted to know if anyone can help me with what to put in my summon. I have asked already stated that i did not recieve these: an affidavit of debt, and I was not given a contract of this debt.

whatelse can help me in getting the default judgment set aside and also answer the summon.

thanks!


Asked on 10/27/09, 10:16 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Going up against them by yourself could be tough. Might be time to call an attorney.

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Answered on 11/01/09, 10:23 am
John Corbett Corbett Law Firm LLC

To amplify what Mr. Henniger had said, a lawyer would tell you that you have to elect to either contest the service of process or appear and defend the case. You can't do both. If you were not living with your parents at the time of service, then the summons can be quashed. However, if you raise a defense on the merits of the case, you will have "appeared" and the NJ court will decide the issue. From the facts that you state, it is not clear exactly what would be the best course for you. So, you may want to invest in some lawyer's time to find out.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/01/09, 11:20 am


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