Legal Question in Credit and Debt Law in New Jersey
judgment entered
I got a ''you are being sued'' letter from a law firm, re:a joint bank acct. my son & I had. Said we owed ''$XX'' amount. I wrote a letter explaining that this acct. was set up before my son went to college, primarily so I could easily make deposits if he needed something. In the letter, I said that I didn't know anything about what these charges were for, and to please explain what they are for. Sent certified, they received it 3/20/09. I spoke to someone from the firm a few days or so later & she said they had not received the letter. I said ''yes, you did, I have the receipt''. Apparently there is more than one office. I sent the letter to the office from which I received the ''being sued'' letter - she was calling from a different office. It's now 5/18/09. No response to my letter, just phone calls once or twice/week leaving messages to call them so I can settle debt. Since it's about a bank acct., apparently my son wrote a bad check(s) and evidently the bank chose to pay it instead of returning for insufficient funds. Oh - I also received a letter that there is now a judgment against us for this - that came AFTER my not receiving any response as to what this charge is for. Where do I go from here?? Thank you
2 Answers from Attorneys
Re: judgment entered
Well you need to file a motion to vacate the judgment and then fight the case. I suggest you get an attorney but this is not going to be the cheapest type of case to handle. Call me at 732/247/3340 to discuss further.
Re: judgment entered
Your efforts to resolve the matter after you were sued should have been accompanied by filing an answer to the complaint you were served with.
Since you apparently did not file an answer to the complaint, the bank was able to obtain default judgment.
Jef is correct in that you need to have this default judgment vacated.
After that, you would be able to then answer the complaint and proceed in the lawsuit.
If you would like to discuss your options further, please email me to setup a consultation, or call me at 215_546_4700.
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