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What are my rights?

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Sonia



Joined: 22 Feb 2010
Sonia's page
Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: What are my rights?
 
Posted on Mon Feb 22, 2010 8:21 pm  

Hello All,
I lost my job, and I've been collecting unemployment for sometime now, two weeks ago I got a summons stating I'm being sued. I live alone, I dont have medical, nor can I get food stamps and my rent payment takes one check from my a twice a month unemployment check. I can not get legal help with out a cost... I dont have enough money left over. I'm barely living. What are my legal rights here in NJ? I want to call the Lawyer for the Plaintiff, however I'm afraid. I have until this July to collect unemployment, after that there is nothing.. if I do not find a job. I dont want to break a commitment, I feel bad already I'm in collections, and it's just beyond my control. Any advice?
cinnamngrl



Joined: 01 Nov 2008
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Posts: 1320



6416 Magic Points

 
Posted on Mon Feb 22, 2010 11:19 pm  

you can call the lawyer if you like, they will probably not be that nice about it.

What is this debt. Have you ever disputed it? You can protect some living expenses. don't avoid the court date.
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Sonia



Joined: 22 Feb 2010
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Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: what are my rights?
 
Posted on Mon Feb 22, 2010 11:31 pm  

I don't have enough money left over to pay a Lawyer after paying my bills. It's a Credit Card Debt. I did not try to dispute it, It's is mines. I rent, don't own anything... I do have a car note. No Medical, so I can no longer go to the Doctor for my weekly shots, and I'm trying to stay away from any triggers which could cause me to have asthma attacks, can't pay for the inhaler either. I damn.
cinnamngrl



Joined: 01 Nov 2008
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Posts: 1320



6416 Magic Points

 
Posted on Mon Feb 22, 2010 11:47 pm  

you can go to court without a lawyer.
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Sonia



Joined: 22 Feb 2010
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Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: What are my rights?
 
Posted on Mon Feb 22, 2010 11:49 pm  

Looks like I will be doing just that, however what are my rights? What do I sa to the Judge? What's the correct way in answering The Summons? So much I don't know what to do.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: Being sued for debt
 
Posted on Tue Feb 23, 2010 7:32 am  

Hi Sonia,

You need to answer to the summons first, within the stipulated time. This time limit must have been mentioned along with the summons. The form to answer to the summons too, must have been attached along with the summons. However, for more help, you can contact the clerk of the court, where the judgment has been filed.

Along with the summons you may file the exemptions. Exemptions can be of various kinds, like the personal property, vehicles. For more details you can contact a lawyer, who gives free counselling.

For more details about answering to the summons you can refer to http://www.creditmagic.org/summon/reponse-letter.html .

Hope this helps.
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fireyone



Joined: 26 Feb 2008
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127 Magic Points

 
Posted on Wed Feb 24, 2010 9:58 pm  

Sonia, Have you ever looked anywhere to see if they have any free atty? In my state there is a thing called Laural legal services and they will help you out with a pro bono atty at no cost to you according to income guidelines. I would not imagine my state is the only one that has something like this. First though you really need to answer the summons since they can get a judgement against you if you do not respond. After that call your atty general of your state and ask if anything like I mentioned exists in your state.
Sonia



Joined: 22 Feb 2010
Sonia's page
Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: what are my rights
 
Posted on Sat Feb 27, 2010 10:38 pm  

Hey, thanks for all the import. I will contact the Court this week coming, regarding the summons. I have already drafterd a letter to attach to my Answer form. Nothing free here in NJ unless you're on Public Assistance. I'm collecting Unemployment. I'll research the "Exemption vehicle" it's the only thing I almost have.. paying a car note as well. Thanks again.
Sonia



Joined: 22 Feb 2010
Sonia's page
Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: What are my rights?
 
Posted on Sat Feb 27, 2010 11:08 pm  

Hi again,
I see the SOL for NJ is 4yrs. I'm also overlooking my credit report and notice the account I have a Summons for has been Charged Off by Chase Bank. And the amount I owed them is less. I was when I reply back to the Summons I need to provide information as to what happened, for me lost of job. Is there a template on the forum I can use for this " would it be the Debt Valiate" one? Should I also attach that to my Answer reply? I will send the CA a certified letter of course. Thanks for what ever help you can share with me.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Mon Mar 01, 2010 8:00 am  

Hi Sonia,

Can you be more clear on what exactly you want to know? Do you need to know, how to answer to the summons? When you were served the summons, the form to answer to the summons may have been attached. If not, you can go to the court from where the summons was served, and get help of the court clerk.

Hope this helps.

Regards,

Aaron
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Sonia



Joined: 22 Feb 2010
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Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: What are my rights?
 
Posted on Mon Mar 01, 2010 10:56 am  

Hi Aaron, no the Answer form was not included with the Summons, I have to pick that up at the Court House from what I read. All it came with was a brief statement on where to go, and where to obtain the form,a nd for me to give the reason on what took place regarding my defence. I just don't want to put the incorrect information on the form nor my Letter of Reason. I was told if I dont use the correct wording, it's just as bad as not answering the Summons. So I need to know how to fill out the Answer form, and just waht do I say in my Letter or Reason regarding the credit debt.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: answer to a summons
 
Posted on Tue Mar 02, 2010 10:20 am  

Hi Sonia,

While answering to a summons complaint, you need to be very careful about what you want to include and what you don't. If you are not able to decide on what to mention, and what not to mention, you can take advise of an attorney. The court clerk won't be able to help you.

A complaint form includes one or more allegations which are mentioned in separate paragraphs. You need to answer to each of the allegations separately, and you are not supposed to miss any of the allegations. Whether or not you approve of the allegations, you need to answer to all. Then you need to sign the answer and verify it and sign the verification infront of a notary public. The answer must then be served to the opposing party and the court including the filing fee.

Hope this helps.

Regards,

Aaron.
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fireyone



Joined: 26 Feb 2008
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127 Magic Points

 
Posted on Tue Mar 02, 2010 12:04 pm  

Sonia, I looked back on the post and seen you mentioned the SOL. Was the statute of Limitations expired when they filed suit? If so that could be your defense.
Sonia



Joined: 22 Feb 2010
Sonia's page
Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: What are my rights?
 
Posted on Tue Mar 02, 2010 2:32 pm  

Aaron,
Thnx, yu helped me out a great deal. I am on my way to the Court House this morning to start the process. I kept my attached letter short and sweet and included The Letter for the Dept. of Labor as proof I am not employed.

thnx
Sonia



Joined: 22 Feb 2010
Sonia's page
Posts: 9
Location: NEW JERSEY


183 Magic Points

Subject: What are my rights?
 
Posted on Tue Mar 02, 2010 2:33 pm  

Hello Fireyone,

the SOL ends two yrs. from now.

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