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Goldman & Warshaw

Date: Thu, 04/22/2010 - 09:09

Submitted by Robert Taylor
on Thu, 04/22/2010 - 09:09

Posts: 21 Credits: [Donate]

Total Replies: 9


I was just getting ready to send out my Motion to Vacate and now today I got a letter from the court to appear on Monday (three states away) stating that I need to prove my Objection to Levy.
I sent both the court and Goldman & Warshaw to stop the
Levy due to the fact I and not working and my partner has been helping me with my bills.
I am guessing that with the short notice they are expecting me not to show…. They would be wrong. I will have to pick up with stage two when I get done with this.
I am bring all my bank statements for the past year but what else do you think I should bring to support my case?


You should bring any documents you have regarding your income (like tax returns), and anything else you have to show that the levy is unfair/inequitable.

On a tangent, why are you involved in a case 3 states away and not in the state where you live? It's probably too late, but you might be able to make an emergency Motion to Dismiss due to the wrong jurisdiction . . .


lrhall41

Submitted by OVLG Attorney on Thu, 04/22/2010 - 09:37

( Posts: 511 | Credits: )


Would a document from my partner claiming he is supporting me something I should also bring?
I am miffed to why I am having to due this in NJ but I am guessing that thats where the Judgment originated? I also never lived at the address the initial Judgment was served.
I have been in the process of trying to get a motion to vacated....but I guess this is something I will have to take up separately with the court...Anyway to get a Motion to dismiss for any further stunts by Goldman & Warshaw?


lrhall41

Submitted by Robert Taylor on Thu, 04/22/2010 - 09:51

( Posts: 21 | Credits: )


It provides additional proof of your income.

Do they already have a judgment against you? How did they manage that without summoning you for a hearing to get the judgment in the first place? If they already have a judgment then I highly recommend you find a NJ lawyer, even though it will be pricey. Something is very fishy. Any case to levy your accounts, garnish wages, or other collection actions must, under federal law, be heard in the state where you currently live. If you have already appeared, then it may be to late to file a motion to dismiss for lack of personal jurisdiction (which is the full name of the motion), which is why you need a lawyer. Seriously. A motion to dismiss would end the case in NJ, and most likely there would be a pause while the people who hired Goldman and Warshaw found a firm in the correct state to restart the case. If it is too late, add a count to your motion to vacate for lack of jurisdiction.


lrhall41

Submitted by OVLG Attorney on Thu, 04/22/2010 - 10:22

( Posts: 511 | Credits: )


Back in February I found out about this Judgment when they tried unsuccessfully to garnish my bank account (yet my bank charge me $125 dollars in fee because of it).
This was the first time I was aware there had been any judgment against me.
With much teeth pulling I got a copy of the Judgment to Levy from the court in NJ.
Both the initial judgment and the Levy were served to me at an address I did not live at in NJ. So to answer your question "no" I did not have any knowledge of the judgment or was able to appear in court for either. The Goldman & Warshaw appper to be pursuing this in a very aggressive manner.
I know a lawyer would be wise, but I have been out of work for nearly two years and would not be able to afford one.


lrhall41

Submitted by Robert Taylor on Thu, 04/22/2010 - 10:41

( Posts: 21 | Credits: )


Its my opinion that you should add a count to your motion to vacate (if you haven't already) stating that you were not served with a summons. Go to the court and ask for the case file (which should be on the judgment) and get a copy of the affidavit of service. There MUST be one if they attempted to serve you. If one is there, make sure to include in your motion why the person served is not you. And attach a copy of the affidavit to your motion as evidence.
Legal aid is still available even if you can't afford a lawyer. I should have suggested this in my last post, I know. All the people who handle cases are licensed lawyers and all of the organizations are either free or low cost.


lrhall41

Submitted by OVLG Attorney on Thu, 04/22/2010 - 11:28

( Posts: 511 | Credits: )


Improper service and improper venue...she shouldnt need any attorney to have a judgement set aside. It would be next to impossible for him to go to the court since it is 3 states away.

OVLG...people here CANNOT afford attorneys...that is why most are here, looking for help. People need advice on procedure and laws, not how to pick out an attorney. Legal aid is overburdened and almost nonresponsive and people need help now.


lrhall41

Submitted by SOAPLADY on Thu, 04/22/2010 - 11:36

( Posts: 17315 | Credits: )


My point is you continually recommend that people seek an attorney for things they can do themselves with a little research. If people had the money, most would have already consulted with someone in the legal profession. People are broke...living on the edge....teach them to help themselves, not line somebody elses pocket.


lrhall41

Submitted by SOAPLADY on Thu, 04/22/2010 - 12:31

( Posts: 17315 | Credits: )


OK, Thanks for all your good advice.
So I managed to get the Judges chambers on the phone, then got the Fax number and faxed ever document I have been saving for the last two months....
Driving License records, Tax records, Bank Records, EZpass.
All showing either my not living at the address let alone the state, not working and getting funds from my partner.
So next I called back to speak to the assistant... and for now it has been postponed.
Which means I don't have to travel the 4 hours to court on Monday.
Good news for now!


lrhall41

Submitted by Robert Taylor on Thu, 04/22/2010 - 13:59

( Posts: 21 | Credits: )