Summons/judgment

[rooster0330]

I am replying to the summons I received. I hope like I previously stated in other threads can get myself another 60 days or so...What are the chances of the plaintiff trying to get a Motion Summary Judgment before then, or do the courts have to let me get a trial date. We are hopefully filing in August! I live in New Jersey.

[treehugger1]

There are others on this board more knowledgeable about New Jersey, however, I will give your question a go.

I don't know how fast the civil system works in NJ, but I would think 60 days is reasonably safe. If you do get a motion for summary judgment, then you could reply and a hearing may be set 20 - 60 days later adding more time. Again, I'm not sure of the rules of civil procedure in NJ.

[catleg]

As soon as you file your answer, you can expect within days a motion for summary judgment from the creditor, you then have 10 days to answer the motion otherwise you will lose. It is all done (on their side) by electronic filing, thus it's unusually fast. Even if you do answer the motion, you will most likely lose. You need to raise some doubts in the answer as to the correctness of the balance and force it into discovery to gain any time.

Is this Special Civil Part, under $15k? They move cases through there like greased lightning.

Note however, that a judgment in SCP does not automatically apply against real estate, that requires an information subpoena to be returned by you, which you can easily drag out for 30-60 days.

However they could move against you for wage garnishment or bank account garnishment very quickly if they already have your work or banking detalis.

[rooster0330]

Thanks everyone...no I don't think they have banking details we switched banks a few months ago, and as far as work I don't know about that...correct me if I am wrong, they can't garnishment a paycheck if there is an already previous garnishment, and they can't garnish a bank account if it has less than $1000. in it, please like I said correct me if I am wrong, what I am most considered about is executing a writ on the car. Is that too done pretty quickly? If they try to get the car, can I fight the writ or is it set in stone....

[IamOld]

Rooster, do you owe money on the car? If there is a loan on it, they cannot take it without them paying off the loan first - which won't happen.

[rooster0330]

Yes we owe money on the car, and I think NJ has a $1000. exemption for cars. But, my concern is that even if they gave us our exemption money, paid off the loan they would have something left over....I am seriously wondering if I should just negiotiate with them, (which I have tried doing and they were going to until I heard they would file a judgment anyway, and let me make payments). I am just really worried they are going to come after the car.

[IamOld]

Rooster, if you owe money on it, I really doubt that they would want the car. They would sell it at auction which means it would go for rock bottom price less fees...

Re negotiate...well, that is an option UNLESS you are/will be filing BK very soon...and/or have an atty...

[rooster0330]

I have an attorney we are waiting a about 60 days to file....I have already retained him...We are filing hopefully by august. I am also wondering if file the answer for the summons and then even if they get a motion for summary, can I try to get an extension from the judge to file the bankruptcy, I read somewhere on here, that sometimes the judge will grant an adjornment if you are filing in the very near future.

Also, don't know if anyone knows the answer or not, but do they notify you that they have executed a writ.

Thanks so much!!!

[IamOld]

I would then file the answer at the last possible minute, so to speak, and stretch it out as long as possible...I think catleg will know the exact details of NJ.

BUT if you're filing within 60 days or so AND will do an answer, etc., there's 99.99% chance they will not be able to touch your car especially if it has a loan on it.

BEST OF GOOD LUCK first and foremost!

I have an attorney we are waiting a about 60 days to file....I have already retained him...We are filing hopefully by august. I am also wondering if file the answer for the summons and then even if they get a motion for summary, can I try to get an extension from the judge to file the bankruptcy, I read somewhere on here, that sometimes the judge will grant an adjornment if you are filing in the very near future.

Also, don't know if anyone knows the answer or not, but do they notify you that they have executed a writ.

Thanks so much!!!

[rooster0330]

To be honest the car is what I am really worried about, although I really don't know how much it would get at auction, it is used for business and has over 140k miles on it...Thank you so much for your replies.

Catleg, if you have anything to add, I would be more than appreciative.

[catleg]

Who is the creditor and the law firm, if you don't mind saying?
I really doubt they would go after a car with financing on it.
I would say that 99% of the time they are either looking for a wage garnishment or else just because normal collections has failed and they want to scare you (and the court process in NJ is fairly cheap and efficient).

[rooster0330]

HI, the creditor is for Washington Mutual/chase and the law firm is some one man (so it seems) firm in south jersey....You doubt they would go after the car even though if they sold they would get money out of it, after paying off the financing that is what I am really worried about. Also, if anyone can answer this I don't know, even if they do obtain a judgment, do they give you the opportunity to work out a payment plan, or do they go right to collection efforts, bank, garnishment etc... thanks to everyone for all the help!!!!!

[catleg]

If it's Chase they normally sue using in-house lawyers whose office is on route 9 in woodbridge if I'm not mistaken. (Unless it perhaps has already been sold by them? when did you default?)

All I can tell you is my wife got sued by Chase in house lawyers on 3 accounts, I believe 1 was ex-WAMU but I'm not sure, and we let them get the default judgment and they never tried to collect on it. This fell into regular civil court, being over 15k, but the process is essentially the same. The judgment never got docketed against real estate and they sold the debt when we filed our BK a few months later.

Claiming a car causes them to incur a bunch of costs before they get any money, that's why it's unlikely. They really would prefer to scare you into a payment plan. I think I got all of one phone call to that effect post judgment. They weren't very aggressive.

[catleg]

Incidentally, don't pay the $50 and request a jury trial. Total waste of time. It will be denied.
I wouldn't even pay the fee to file an answer. I would consider calling the court clerk and asking for an extension of time to file an answer while you hire an attorney. Never tried this but might work and it's a whole lot easier and cheaper.

[DYLAN150]

rooster: In alot of states if you use your car for business they can't take it. Check your state: Besides, you would have to have a ton of equity in your car for them to take it. They would have to pay you the exemption, towing fee's, sheriff's fee's ,storage fee's, auction fee's etc. They would rather get your bank account or a garnishment. (cash) Most of the time the auctions sale a car way below blue book.