Grounds to file motion to vacate judgment?(long)
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Posted by jeje (12.228.113.159) on July 07, 2002 at 02:46:10:
As many of you know, I have several NYS judgments. The more I think about it, the more I think I may have a case against the OC. Here's what I think... According to what I've read, the OC must file suit against you (meaning me) in one of two places: the county I lived in when the contract was signed or the county where I live at the time the suit is filed. In the case of the judgment #1:
a. I lived in Otsego when the contract was signed.
b. The judgment was filed in 5/97.
c. In 5/1997 I had *just* moved to Hudson County, NJ from Kings County, NY.
d. OC filed suit in Albany County, NY.
e. OC did not file suit in my county of residence at the time the suit was filed or my county of residence when the contract was signed. In the case of judgment #2:
a. I lived in Otsego when the contract was signed.
b. The judgment was filed in 2/2000.
c. In 2/2000, I was already living in outside of NY State.
d. OC filed suit in Albany County, NY.
e. OC did not file suit in my county of residence at the time the suit was filed or my county of residence when the contract was signed. In the case of judgment #3 (second judgment for the same debt as judgment #2):
a. I lived in Otsego when the contract was signed.
b. The judgment was filed in 3/2000 (Bastards!).
c. In 3/2000, I was already living in outside of NY State.
d. OC filed suit in Otsego County, NY. (Darn!) Based on this I think I have a case to warrant filing a motion to vacate the first two judgments. I have a sinking suspicion that someone "over there" (whereever that is) dealing with judgments #2 and #3 got a clue and realized that the Albany County judgment was worthless and decided to cover their assets and file in Otsego County. That's the only way I can explain the two judgments so close together. However, I know for a fact that the folks handling judgment #1 are completely clueless. I got this "bright" idea from reading a bit about FDCPA Section 811 (a) (2) (Collector must sue you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit) at creditinfocenter.com. Do you think I have sufficient cause to move forward or am I unclear on the law and how it's applied? I'd be seeking the usual $1000 ding for each violation. I might even try to recoup the money I've had to shell out for my medieval 29.99% loan, because my judgments were cited as the greatest factor in denying me a lower rate. Do you think there's snowball's chance in hell I'll recoup any damages for that? My only waivering point is the definition of "county of residence". Does it mean your county of residence based on time requirements? Or does it mean your actual home address at the time in question? For example, in the case of judgment #3 (which is not even an issue because they seemed to have gotten that one right), I lived in Otsego County up until about 12/1999. I had just regained residency in Otsego County (after having been there for a year). In 1/2000 I moved out of NY State. The suit was filed in 3/2000. In that situation, would my county of residence at the time the suit is filed be Otsego County or where ever I lived outside of NY State? You know, I don't think it's an issue in the case of judgments #1 and #2 considering that anyway you slice it, I didn't live in Albany County at the time the suit was filed, nor did I sign the contract in Albany County. I guess there is the possibility of a "gotcha" in the actual terms of the contract which might say something like, "You've signed this in Albany, because we like it there, sucker." Of course, I will ask an attorney about this, but I figured I'd picked your brains' first. Thanks in advance,
jeje
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