Goldman & Warshaw - Motion to Vacate Default Judgment

I'm giving this a little bump in the hopes someone will come along with some advice for you.

this one's a little difficult....

first, you were sued. it sounds like you were aware of the lawsuit at that time, so I will guess that you were properly served with the summons. If that isnt correct, please let us know.

Next, you did not act to defend yourself in court. If you were duly served, but did not show up or answer the summons, you will have a harder time trying to get a judgment vacated, if you can at all. Having a judgment vacated requires a good reason--most of the time a court will not vacate a judgment to allow you to put up a defense when you were properly served and simply chose not to go to court. Reasons for vacating a judgment would include:

---improper service, when you were not properly served a summons.

---improper venue, when you can demonstrate that the court in which the case was filed does not have jurisdiction in this matter.

---violation of due process

---when the judge or the court did not follow the applicable laws.

---when the plaintiff's complaint is based upon a voided judgment.

Motion to vacate does not usually go in favor of the petitioner(that is you) when you were properly served and failed to show up. Courts generally dont favor the use of motion to vacate so that you can put together a defense now. Please dont take this as being critical of you, its just how the courts generally work.

I will, however, say this--if they claim that you signed an agreement, and you did not do so, I would definitely request that they produce the agreement that you supposedly signed. If they cannot do so, then I would certainly argue against their claim that you did. They are claiming that you did sign a contract--if you signed an agreement with GW it likely wont matter much if they cannot produce the original credit agreement with the original creditor at this point--if they can show that you signed an agreement with THEM, then they would have an easier time convincing the judge that you agreed to the payments willingly. Did you sign anything with GW saying that you would make these payments?

Skydiver,
Thank you for responding. I was not aware of the law suit until a levy was put on my account, I called the phone # that they bank provided. The individual in Sheriffs Dept told me that once the Judge makes a ruling there's nothing than can be done, that I was to call GW. I called GW and informed Mr. Heller that there was no way I could have had a 10k balance with Seaman's. Mr. Heller response was, well it could have been interest. He then informed me that if I did not agree to make payment arrangements that they would garnish my wages, take my car and/or put a levy on my bank account, the judge ruled and I had to pay. GW totally wiped out my bank account I had no money and felt I had no other option but to sign a payment arrangement so that my bank account would not be wiped out again. Of course I was not aware that this was a default judgment until I went to the court house to obtain a copy of the compliant. I called the courthouse today and was told that I can write a response to the Judge regarding GW's response. I'm thinking about explaining to the Judge pretty much what I stated here.

Well it certainly can't hurt! Ok so it sounds like you weren't served any papers if you didn't know about the suit until a levy was placed? You said you went to the court and got a copy of the complaint..did it show the method you were served? If it says you were served and you were not, you can use that to get the judgment vacated. Unfortunately the sheriff was wrong, that there IS something you can do if you were never served properly. Include this in the letter to the judge and explain it all as you have to us, but definitely point out that you never even knew you were sued in the first place and when you found out, the sheriff's dept gave you incorrect information.

If you do manage to get the judgment vacated, immediately send Goldman and Warshaw a debt validation letter, send it certified mail return receipt. Once you get it vacated also immediately file to have the money taken returned to you.

Good luck! I hope you prevail.

Goldenbast,

I checked the copy of the complaint filed with the court the Summons and Return of Service page, "Date Served" section is blank, even the "Return of Service if served by mail (for Court Use Only) is blank as well. If the court sent it certified shouldn't have been signed "Employee Signature"? It looks like I some additional information to add to my letter to the Judge. What do you think?

Definitely! It looks like on paper you were never even served! If it was sent certified you would have to have signed for it or it would have like a notation if it was refused, etc. Get on this asap and let the judge know you were improperly served and did not get your lawful day in court to defend yourself!

Be sure to get a DV letter ready as well and get it out the second the judgment is overturned so that if they do sue you again, you can counter sue for continued collection activity aqnd suing on an unvalidated debt. (Remember to check your credit report as well and dispute it there after they got the DV letter so you can add to the counter suit with further violations.

Goldenbast,

I'm on it! I will get the letter out to the Judge asap. I have a DV letter template already saved and ready to go. Thanks again for your help. I will post updates in this forums, on how things are progressing. The Judge is set to rule on my Motion at the end of the month. Keep wishing me luck!

Here's my letter to the judge, my copy has the heading with Judge's information & Dock#. Did I cover everything. let me know your thoughts. Thanks a bunch!

Dear Judge Kumpf:

I am responding in kind to Carl E. Zapf, Esq. (of Goldman & Warshaw, P.C.) request that my motion to vacate a default judgment be denied.


On January 17,2008 a Civil Action Complaint was filed against me by the Plaintiff with the court. I was not served nor was I aware that a complaint had been filed (see Exhibit A). I only became aware of the complaint after a levy had been place on my bank account. I called the phone number that the bank provided me with (732.968.2300) , I spoke with Eric DeGuillo, Court Officer of the Superior Court of New Jersey. Eric DeGuillo informed me that a judgment had been made against me. I informed Mr. DeGuillo that I did not have a debt of $10,000. Mr. DeGuillo told me that once the Judge makes a ruling there???s nothing that can be done and to call Goldman & Warshaw. I called Goldman & Warshaw and spoke to a Mr. Heller; again I informed Mr. Heller that I did not have a debt of $10,000.00 with Seaman???s. Mr. Heller could not give me an accounting of debt and stated, ???Well it could have been interest???. Mr. Heller then informed me that if I did not agree to make payment arrangements that Goldman & Warshaw would garnish my wages and continue to levy my bank account, the judge ruled in favor of Goldman & Warshaw and I had to pay. They levy that was placed on my bank account removed all the funds that I had. I had no money. Due to the scare tactics of Mr. Heller and fear of further financial ruin, I felt I had no other option but to sign a payment arrangement so that my bank account would not be wiped out.

You???re Honor therefore I ask that you rule to vacate this judgment, I was improperly served, given incorrect information by the Court Officer and did not get my lawful day in court to defend myself

Sincerely,

I'm including a copy of the complaint that I obtained from the court and will highlight the served section

Good luck with this. If the court gives you a hard time vacating, you can always appeal the decision with the Appellate Court which will examine the entire process anew.

Sounds good to me! Do what was mentioned above, if you lose the motion, then appeal the decision.

Also, be aware that New York's Attorney General Andrew Cuomo has cited Goldman & Warshaw, among other debt collector law firms, for aggressively seeking default judgments.

I found this at hoofin.blogspot.com/2009/07/basic-decency-in-form-of-ny-ag-andrew.html

By the way, if they turn around and try to garnish your wages, the law does not REQUIRE a 10% garnishment. It can be as little as 1 or 2%. See if you catch them in that lie.

I WON! How great is that! I received a postcard in the mail a few weeks ago from the court advising that I did not need to come to court to hear the Judge's decision, that the court would notify me in writing once the decision was made on 7/27/09. I received the Judge's decision yesterday and this is what he said, "It is ordered that defendant's motion to vacate the judgment entered on July 28,2008 to enforce a settlement reached between the parties on April1, 2008 (notice the date is April's Fools Day) is herby GRANTED. Defendant alleges she entered into the settlement under duress because she did not know there was any alternative to settling to avoid execution and claims to not owe the amount of the money due on the judgment". Now, my question is, What paper work do I need to file to have the money I've paid them returned to me? Thanks everyone for your help on this. Goldman & Warshaw can be taken on and beaten!

i'm loving this.congrats on beating a bottomfeeder. :D 8)

It's such a great feeling. Now I have to get back they money I've paid them and I'm guessing it's around $3,000.

Please just be careful, though, that Goldman & Warshaw doesn't come back at you. From my dealings in the 1990's with them (particularly David Warshaw), they are a vindictive bunch when they receive resistance from any quarter.

They might just leave you alone considering the initial embarrassment. But they might also redouble their effort to tie you to debt.

Congratulations on the immediate victory in any event. Not many people in New Jersey get that.

i noticed no attorney involved for the OP.therefore i recommend going to NACA.NET,and finding a consumer attorney that will work on a contingency basis and sue this bottomfeeder to recoup the 3,000.00.

@ Guest. Based on the great information, I've received here. I already have a letter debt valadation ready to go and I'll be ready to sue them if they decide to circle back and come after. 6 years ago, I battled cancer and it took me some time to get myself together and now I'm ready to take on these "bottomfeeders" who scare people into signing agreements with wage garnishments and etc. I've battled cancer and now I'm ready to battle them. It's time I got my life back

still look into the website for a consumer attorney.by my estimation this place stole 3,000.00 under false pretenses.a good contingency lawyer can recoup your 3,000.00.get the debt erased,have the bottomfeeder pay his fee,and get damages for there actions.think it over.

I will definitely do that. Someone recommended an attorney in New Brunswick, who lives to go after GW, Pressler & Pressler.

Excellent! It is music to my ears to hear of someone fighting back! It should be easy to get an attorney, because the FDCPA not only grants you $1,000 but also possible court costs and attorney fees. Finding a lawyer to work pro bono should be a piece of cake!

They took money from you illegitimately, they should be penalized for that! Life is too short to let these people continue to get away with taking advantage of the innocent!

Just wanted to follow up since my last post. We received a new trial date, I showed up and of course we were given the option of mediation and I told the mediator that I had given GW over 3K and I was not giving them another dime. Carl Z was there to represent GW. When it was our time for trail, Carl asked for an adjournment because, guess what - they were not ready. Judge gave them GW the 30 days. I stated to the judge that I was ready and that this had gone on way too long. Carl tried to get the motion that I was granted to vacated overturned. Judge advised that he'd already ruled on his requested and denied it. So now we jump forward 30 days. Unfortunately the Judge on the case had a very busy calendar the day of our trial and we were moved to another judge. I wasn't sure why but, we proceeded and Carl was producing evidence that related to the previous vacated default judgement. I informed the judge that Carl was bringing up this "old" business because I had won a motion to vacate a default judgement. Judge asked if that was the case and Carl informed her yes! So, the judge stopped the proceeding and informed Carl that this issue had to start from the begining when they first filed the complaint and that the matter needed to be returned back to the original Judge, she thought the matter before her was about an agreement on a default judgement. We were given a new court date, but prior to the new date I received a call from Carl stating the Oliphant Financial decided to "drop" the case and no longer proceed, that they got $3000 from me and GW would dismiss with prejudice. Meaning that they can no longer come after me or I after them in this matter. I have the paper work, haven't signed it yet. Not sure if trying to recover the $3000 is worth the headache. I'm going to call McGinn and get his thoughts on the matter. I have other matters that I need to work on clearing up. Just wanted to let you guys and anyone else going through something this to know - don't allow yourself to be bullied by these guys. Take a stand, you'll be glad you did!

Ain't no news, like good news!

I need a lawyer to fight Goldman and Warshaw. Any suggestions?

Call McGinn 732.937.9400, He's very familiar with GW. Good Luck!

What an inspirational story! I'm in a worse situation then you were, I have two default judgments against me. After reading this post I at least know where to start, I'm not sure I'll be as fortunate as you...but that won't stop me from trying! Thanks

OK so I am going thru the same issue with the Goldman & Warshaw folks. I first became aware of the Judgment against me when my bank account had been levied.
I was able to contact the court directly and they provided my with the paperwork to file a motion to vacate a default judgement... But I want to be sure I do it right.
I have two sets documents one is the paperwork to file and the other seems to be the answer...I guess I need to fill out both?

Quote:

i have the same case as cocogodiva, my case happen in 2007...can i still vacate??

My our bank account was levied and car, we were never served any paperwork and on top of everything else the levy on the truck was placed in another not in our jurisdiction. They garnished my husband's wages without notice of intent. The debt was never validated and now they want to seize our social security checks deposits in our bank account. What do we do now we are both on social security my souse has COPD and I have several health issues to include a heart CAT being done this coming week. Need help..... [email]benjiavis@aol.com[/email]

I really appreciate this blog. I was also sued by G and Warshaw and a default jdgement was made without me knowing until they took my money and levied my bank accnts! I was reading what you did and I also never was served or even received notice of a complaint. . . My question to you is, you didn't actually Go to the court and file a motion to vacate, you just sent a letter like the one above to the judge? I live in PA and I'm sure that things are diff. just wondering and also cannot believe that these BOTTOMFEEDERS are really able to continue doing this crap! Talk about wasting ppls time and money! Any reply is appreciated and I hope to have good luck as you did. This should be illegal what they are doing, . . How does the bar assoc not respond to these scamming practices?? THanks in advance.

you need to go to the court that issued the judgement, ask to see the case file and look at where and how they claim you were served and then ask to file a motion to vacate due to improper service.

I am being sued for a credit card debt by Goldman that I do owe and called the New Brunswick naca attorney but at the moment he is too busy to handle my case does anyone know of another naca attorney or should I just called Goldman and make payment arrangements.

this law firm have been under investigation for fraud aginst people
and the courts in state of ny. but somehow nj judges are taking stand with this fraud and alwas 99.9%of the time side with this law firm
against ordinary nj folks. shame on ignorate nj judges when are you going to stand fo r justice and not the big banks and big law firms

Before tehy levy your bank account they should have served you via a sheriff notifying you 20 days in advance...