Legal Question in Credit and Debt Law in New Jersey

I have a common name. I'm buying a house and the Title Company said I have a judgement on me for 2000 from a hospital. News to me. After getting some info from the company, I went to the hospital and they knew nothing about. I called the colection agency they knew nothing. I went to the courthouse and said it was a bill from Feb 97. They gave me the attorneys name, they called back and the had my name, SSN right but the address was 105 instead of 108. They also had me a wrong previous adress and phone # also they or anybody can tell me what illness or injury it was. NEED HELP AND ADVISE PLEASE.


Asked on 10/03/12, 4:27 pm

2 Answers from Attorneys

Philip D. Stern Philip D. Stern Attorney at Law, LLC

If you can show that you were not served with the summons and complaint (what the law calls "service of process"), then you can move to vacate the judgment as long as you move promptly after you first learned of the judgment, The reason is that you were denied notice and opportunity to be heard and, therefore, the judgment offends your constitutional right to due process guaranteed to you by the 14th Amendment.

If the case has a docket number beginning with either DC or SC, the court likely mailed the summons and complaint and none of the mail came back to the court showing that the address was not valid for you. So, the court presumed you were in default. If it has an L docket number, then there should be something filed with court showing how you were served with process -- usually, it is by personal delivery but it could have been by mail or publication.

The judgment, however, is not a lien against real estate unless the judgment bears a "DJ" number. If it only has a "VJ" number (it is possible to have both a DJ and a VJ number) then it is not a lien against real estate and should not hold up your closing from a title perspective.

I would assume that the judgment is too old to still be on your credit report so it should not affect your mortgage application. Also, I assume that if a title report has already been obtained, you have a mortgage commitment.

If the judgment is a lien on real estate and the time to file and have a motion to vacate is not quick enough for your closing, then talk tot he title company about "escrowing" for the judgment. In effect, the title company will hold about 150% of the judgment amount for a specified period of time. If you vacate the judgment, you get the money. If you lose your motion, then the title company pays off the judgment and you get back any excess funds.

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Answered on 10/04/12, 6:28 am
Robert Davies The Davies Law Firm, P.A.

You have a problem that will take court action to fix. A lawyer can help with this a lot. What the other attorney, Phil Stern wrote seems reasonable. But not easy to do without some help. wow, you are in Gloucester County. Let me know if you want the names of some good lawyers near you. I am too far away to assist.

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Answered on 10/04/12, 9:08 am


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