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Asset Acceptance got a judgment against me....

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Long story short. In 2003 bought a motorcycle, was in accident. Grandfather said he paid it off. Never checked on it. Never heard from credit company or collectors. Pull credit report and there is a judgment under public records for asset acceptance llc. Called courthouse they said default judgment was issued 4 years ago in 2004. Told them I never even knew I was being sued. They said I was properly served because NJ law states they had to mail the notice via certified and regular mail at the same time. The address they gave I hadn't been at in over a year. Grandfather was initially named in suit, but then dropped. He is now dead so I can't find out if he paid them to drop the suit and they just continued the case against me. Is there any grounds I can have it vacated? I didn't live at the address they sent the notice too. If I owe it, I will pay it, but just want the public record to be gone. Thanks




this is jcemt's or skydiver's area of expertise.
one of them should be able to answer this.

Sub: #1 posted on Thu, 06/12/2008 - 00:44

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

You said that the address they sent the notice to you haven't lived at in over a year - But the judgement is from 4 years ago. So it wouldn't matter that you don't live there now, only if you did at the time of the notice.

Sub: #2 posted on Thu, 06/12/2008 - 01:30

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.91)

I'm sorry you misunderstood. I stated that the address the court gave me, the address to which the summons was mailed, I had not been at in over a year in 2004. I left that address in May 2003.

Sub: #3 posted on Thu, 06/12/2008 - 01:39

Unregistered


You can motion for the judgment to be vacated on grounds of improper service. By the time the debt might even be out of statute assuming the judgment didn't affect it.

Sub: #4 posted on Thu, 06/12/2008 - 03:34

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

I think judgements are good for ten years... and statute of limitations in New Jersey is six years.

Sub: #5 posted on Thu, 06/12/2008 - 05:25

imadebtcollector imadebtcollector

(Posts: 67 | Credits: 9.05)

I know, I was saying that the SOL may revert if the judgment is vacated as the SOL for the judgment would no longer apply.

Sub: #6 posted on Thu, 06/12/2008 - 05:42

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

Thats why in mentioned the SOL for NJ because its not up yet.... not until sometime next year, that's if there was no activity after the initial purchase.

Sub: #7 posted on Thu, 06/12/2008 - 05:49

imadebtcollector imadebtcollector

(Posts: 67 | Credits: 9.05)

Shagirl, when was the last time you made a payment on this account?

Sub: #8 posted on Thu, 06/12/2008 - 16:30

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

The last time I paid it myself was around August 1999. That's when I was in the accident and while I was in the hospital, my Grandfather said he was going to pay it off because he was a co-signer and the bike was destroyed. I never checked to see if he paid it, but assumed he did because I never heard from anyone. Now, he is dead and his estate has been settled and he was DROPPED from the original lawsuit and they only held me responsible for it. I don't know if he ever did pay anything, but I assume he did as he was a just about a millionaire. And I am NOT.

Sub: #9 posted on Thu, 06/12/2008 - 18:15

Unregistered


So, when AAC filed suit in 2004, it was still within the SOL, but now SOL is over. I don't care if the courts re-open SOL, if I owe it, I will pay it. Should I DV AAC? Is it too late for that? I noticed in the DV it says they would have to send me a copy of any judgments received. I want to file to have it vacated, DV the collection agency, so I can see what payments were made that I am not aware of, and WHY my GF was taken off the suit. Is this the road I should take. I have also written to state of NJ to find out if AAC was BONDED to be a collector in NJ at the time. Still waiting for that response. Thanks for your help!

Sub: #10 posted on Thu, 06/12/2008 - 18:19

Unregistered


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