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Juristiction question

New Contributor

Juristiction question

Okay... In 2004 a law firm for Capital One filed a judgement against me for an unpaid credit card in the amount of $700. This judgement was filed in New Jersey but in 2002, two years earlier, I had moved to Pennsylvania and have been an established resident since. Is this judgement still valid even though I had moved out of state 2 years prior?

Thanks in advance for any and all replies!!!
Message 1 of 6
5 REPLIES
Community Leader
Epic Contributor

Re: Juristiction question

The OC files a suit seeking judgment, but not a judgment.  Judgments are made by a court.

Do you have a court-ordered judgment?  The issue of jurisdiction should have been settled in the lawsuit and court proceedings, of which you should have received advance notice, and notice of any court order.

 

Message 2 of 6
New Contributor

Re: Juristiction question

HI Robert,

 

I have a court ordered judgement. I don't recall ever having a notice forwarded to me, I certainly never received a notice at my PA address. It is indeed a valid judgement but I never recall having gotten a court order.

 

Thanks

 

Message 3 of 6
Established Contributor

Re: Juristiction question

The issue is whether or not you were properly served.

 

Sounds like they couldn't find you, so they either served you at your last known address, or by publication in a newspaper or something like that.  Look up the NJ laws on this, then call the court and find out how the plaintiff said you were served, and then determine whether the method they used matches up with what the actually did.

 

If it doesn't match up, then you may have a basis for a motion to vacate.  They only have kind of a limited responsiblity to track you down when you go off the grid.

Message 4 of 6
New Contributor

Re: Juristiction question

Yes, that's correct. They served me at my last known address, I never signed for the summons. My mother most likely did but it was so long ago I have no recollection of ever having gotten it.
Message 5 of 6
Established Contributor

Re: Juristiction question

As long as that method is permitted in NJ, then you probably have no recourse.  And if your mom signed for it, then you're really out of luck.
Message 6 of 6