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06-11-2008, 12:01 PM

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

paulmergel · 06-11-2008, 12:14 PM

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

goudah2424 · 06-11-2008, 01:00 PM

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.

06-11-2008, 01:09 PM

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.

JCEMT · 06-11-2008, 03:04 PM

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.

imadebtcollector · 06-11-2008, 04:55 PM

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

JCEMT · 06-11-2008, 05:12 PM

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.

imadebtcollector · 06-11-2008, 05:19 PM

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.

JCEMT · 06-12-2008, 04:00 AM

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

06-12-2008, 05:45 AM

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.

06-12-2008, 05:49 AM

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!

06-12-2008, 09:19 AM

UGh! Just heard from AAC, apparently my applying for credit has given them my phone number! They offered to settle for $2165 of the original judgment of $3468 which they say is now $4009 with interest. Then the judgment would be satisfied. I'm hesitant to pay it, because I think it will stay on my report for another 7 years from date of satisfaction...right? So, can I tell them I will pay it, maybe even more, if they agree to vacate the judgment? Can I do that? I just want it GONE GONE GONE GONE GONE! Not 7 more years of this on my report!

06-12-2008, 12:13 PM

Removed by Shazzers
Reason: No solicitating permitted, against TOS rules.

JCEMT · 06-12-2008, 03:29 PM

In 2004 it would have been in statute, however since they didn't serve you properly I think after you motion to have the judgment vacated due to improper service you may be able to claim SOL as your defense if they refile.

06-16-2008, 09:09 AM

Thanks for all the help! Gonna see what I can do!

skydivr7673 · 06-16-2008, 01:17 PM

ok, so you didnt live at that address since 2003, and they served you there in 2004. Can you prove this? If you can, then you need to gather documentation of that proof and send a copy of it to the court, and request that the judgment be vacated on the grounds of improper service. Did you have anything changed when you moved back then, like your driver's license, mailing address at the USPS, anything like that? Utilities put in your name at new address? How about a lease agreement or purchase contract for the new place you moved to? Any of these things will substantiate your claim that they had the wrong address. They will also do something else--they will show either intent or negligence on the part of the CA that sued you. you see, if you can prove that you were "in the system" as having moved to the new address back then, then they dont have an excuse. Any attorney has resources to find someone's address if they moved, as long as they have a legitimate job(your SSN would show that you have moved) or any of the things I listed above...and an attorney could get this information pretty easily and quickly. The fact is, they didnt try to make sure at all, they just sent it to an address they had on file. That, in my opinion, makes them liable and the judgment should be vacated.

Also, I dont know how long its been since your grandfather passed, but you may consider talking with the person that was the executor over his estate--they would have had to deal with the financial records, and there's a possibility that you could still get your hands on proof of payment, if he paid them. An old checkbook, or bank statements...something may still be found. It's worth a shot...