Trying to collect a "debt" but sent papers to wrong address

Previous | Next
 rated by 0 users
Latest post Tue, Aug 11 2009 2:15 PM by Dannee. 13 replies.
  • Wed, Aug 5 2009 1:43 PM

    • Dannee
      Consumer
    • Top 200 Contributor
    • Joined on Sat, May 2 2009
    • NJ
    • Posts 208

    Trying to collect a "debt" but sent papers to wrong address

    My parents received a certified letter from a lawfirm (yes they signed for it) trying to collect a debt from me. They do not tell you what the debt is. I do not know who they are. The sent another certified letter stating that I was to appear in court for what they say they want to do.

    They state in the letter that they want to garnish my paycheck.

    I do not speak to my parents but they mailed me the letters to my current address.

    The court date has since pasted.

    What should I do about this????

    I do not even know what debt it is that they are trying to collect.

    Any info would be appreciated and if you need to know anything else please ask.

    Thank You

  • Wed, Aug 5 2009 2:06 PM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Write to the debt collector and request verification of the debt.  BY law, all collection efforts must cease until verification is provided.

  • Wed, Aug 5 2009 2:51 PM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Dannee:
    The sent another certified letter stating that I was to appear in court for what they say they want to do.

    A letter or a summons?

    Was there a court name?

    A case number?

    An appearance date or response deadline date?

    You need to be real careful about what you do next. The collector may have set you up for a default judgment.

    If there is something in those papers that is court related I suggest you visit the court house and check for a case file. If there is one, get copies of each and every document in the file and come back here for a review.

    When you come back make sure you just add to this thread and don't open a new one. Adding to this brings it to the top of the list.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Aug 5 2009 4:44 PM In reply to

    • Dannee
      Consumer
    • Top 200 Contributor
    • Joined on Sat, May 2 2009
    • NJ
    • Posts 208

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Yes there is a court name

    and a case #.

    It is like a post card

    It says:

    A motion hearing is scheduled for case #....

    on 8/4/09 at 1:30

    Information Call: and the # is listed there.

    Please report to: the judges name and court room #

    How can the collector have me set up for a default judgement if they mailed it to an address that I no longer live at?????

  • Wed, Aug 5 2009 5:00 PM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Dannee:
    How can the collector have me set up for a default judgement if they mailed it to an address that I no longer live at?????

    Because delivering it to your last known address to a competent adult member of the household (your parents) is proper service under NJ process service rules.

    So if you ignored the summons and don't show up, the plaintiff will get a default judgment and can garnish wages and seize bank accounts. A judgment also goes on your credit report and can be recorded to become a lien on any real estate you own or will own.

    I suggest you visit the courthouse and check out the file. If there was a default judgment issued yesterday you might be able to get it set aside on the grounds that you are estranged from your parents and didn't get the summons forwarded to you on time.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Aug 5 2009 10:38 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,645

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Were I in your shoes I'd dig deeper as to requirements of proper notice in NJ.

    You post is unclear as to how long you have been out of parents home et al---if you are 35 and left home 17 years ago and have had 3 more recent addresses I'm not so sure that to serve a childhood address and your parents constitutes proper service??  At least dig deeper.



  • Thu, Aug 6 2009 12:14 AM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Drew:
    You post is unclear as to how long you have been out of parents home et al---if you are 35 and left home 17 years ago and have had 3 more recent addresses I'm not so sure that to serve a childhood address and your parents constitutes proper service?? At least dig deeper.

    I agree.

    But if OP incurred the debt while living with parents, then last known address would likely be reasonable for process service.

    Still, worth digging into.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Aug 6 2009 12:31 PM In reply to

    • Dannee
      Consumer
    • Top 200 Contributor
    • Joined on Sat, May 2 2009
    • NJ
    • Posts 208

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    I have had atleast 5 new address's after my parents address.

    I would say that the last time I used my parents address was over 10 years ago.

    I called the courthouse, the woman could not tell me what the court hearing was for, but she said I can file a motion on line.

    Also I would like to send a registered mail to the company, the ones who filed the lawsuit. Should I also send it to the lawyfirm?>

    What should I state in the papers that I send to them???

    Thank you all...I love this site.. If you need to know anything else please ask me..

  • Thu, Aug 6 2009 2:04 PM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Dannee:
    I have had atleast 5 new address's after my parents address. I would say that the last time I used my parents address was over 10 years ago.

    Then how old is the debt. The creditor got your parents' address from someplace.

    Dannee:
    I called the courthouse, the woman could not tell me what the court hearing was for, but she said I can file a motion on line.

    I wouldn't rely too heavily on phone calls to the court house. Those people are less than competent on their best days.

    And I'd verify that "motion on line" thing ASAP lest you wait till the last minute and find out you got the wrong info.

    Dannee:
    Also I would like to send a registered mail to the company, the ones who filed the lawsuit. Should I also send it to the lawyfirm?>

    Definitely make sure you address it to the lawyer. The plaintiff is likely to ignore it and forward to the attorney anyway.

    Dannee:
    What should I state in the papers that I send to them???

    Knowing why you want to send the letter/papers would help answer the question of what to put in it.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Aug 6 2009 2:20 PM In reply to

    • Dannee
      Consumer
    • Top 200 Contributor
    • Joined on Sat, May 2 2009
    • NJ
    • Posts 208

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    I have no idea what the debt is period? Or how old it is..

    I am confused as to the

    "Knowing why you want to send the letter/papers would help answer the question of what to put in it"

    Are you saying that I should state that I do not know why they are taking me to court???

    I look at the website...it has the papers to fill out for a motion and then you send it in the mail....I will most likely need help with that also...

  • Thu, Aug 6 2009 2:21 PM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Forget the other posts about addresses.  Here is how it goes.  You missed the court date.  A default judgment has or will be entered.  Your only way to stop it is with a motion.  The clerk will have a form for you to use.  As part of the motion, when you get to court, you are going to be forced to admit notice, in exchange for getting a new day in court to contest the case on the merits.  On the new court date, if you owe this debt, look to settle it. 

    Michael D. Siegel, Esq.

    Siegel & Siegel, P.C.

    One Penn Plaza

    New York, New York 10119

    Phone: 212-721-5300

    email: sieglaw@optonline.net

    website: www.siegelandsiegel.com

    Serving the metro New York area, including New Jersey

  • Thu, Aug 6 2009 2:28 PM In reply to

    • Dannee
      Consumer
    • Top 200 Contributor
    • Joined on Sat, May 2 2009
    • NJ
    • Posts 208

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    I missed a court date that

    I would have NEVER known about..because it was mailed to an address that I used over 10 years ago..

    What do you mean forced to admit notice?

  • Sun, Aug 9 2009 9:05 AM In reply to

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    I understand.  The Court will give you a re-do on the case because of the lack of notice.  The issue is the merits.  As a practical matter, the motion to restore the case will be granted on the condition you waive your jurisdictional defense, i.e. lack of service.  If you refuse to waive that defense, the court may not grant your motion, or you will simply be re-sued again at the right address.  Ultimately, you have to deal with the merits of this matter.

    Michael D. Siegel, Esq.

    Siegel & Siegel, P.C.

    One Penn Plaza

    New York, New York 10119

    Phone: 212-721-5300

    email: sieglaw@optonline.net

    website: www.siegelandsiegel.com

    Serving the metro New York area, including New Jersey

  • Tue, Aug 11 2009 2:15 PM In reply to

    • Dannee
      Consumer
    • Top 200 Contributor
    • Joined on Sat, May 2 2009
    • NJ
    • Posts 208

    Re: Trying to collect a "debt" but sent papers to wrong addr...

    Help!! ::)

    I am filing a motion: This is all from Form A Superior Court of NJ Special Civil Part

    1. It asks for docket #..the only # I have is a Case #...are they the same?

    It asked if I request an Oral Argument...what should my response be?

    It askes if I want to respond to the motion in writing...should I do that to explain how it was never sent directly to me and the papers were sent to my estranged parents??

    It also wants me to check an answer on Form A.

    Permit Discovery, Vacate Dismissal/Reinstate Complaint

    Amend Complaint Amend Answer  Other Amend Judgment

    Enter Judgement Out of Time Vacate/Default/Vacate Default

    Any idea which one I am suppose to check off..

    Thank you all in advance...and I am sure that I will be back

    with more questions...

Page 1 of 1 (14 items) | RSS

My Community

Community Membership New Users: Search Community