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I got a default judgment 2/23/12 against me and filed a motion

to vacate with a return...
I got a default judgment 2/23/12 against me and filed a motion to vacate with a return date 3/16/12. The motion to vacate was denied and monetary reward given to the other party. In presence of a timely motion and the right to due process what is the legal agrument regarding this
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Answered in 1 hour by:
5/16/2013
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,572
Experience: 19 Years of Legal Practice Experience in this precise field.
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Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

You haven't attached the brief the defendent filed in support of his motion to vacate, nor the Judge's decision denying that motion - if you could please attach or summarize them, we can take a look at whether there may be a reasonable argument as to why the Judge's decision was wrong. If you are appealing, you presumably have already filed your notice of appeal (in order to not be time barred) and are preparing your brief in support of your appeal, is that what is happening here?
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Customer reply replied 4 years ago
I received copies of the proof of service from USPS and the signature was not mine. I told the judge the signature did not belong to me and I had not gotten service. I requested oral argument at the time this motion was filed to vacate judgment and she refused to give appearance and she decided bythis motion all by herself. I am applying for a transcript to see what opinion she relied on to sustain her judgment but do not have those arguments at this time. I am not sure what she relied on to sustain default. What would justify such a decision.
Hello again, and thank you for your reply.

With regard to your problem:

I received copies of the proof of service from USPS and the signature was not mine. 1) What kind of POS? 2) Was it a certified r.r.r. mailing, where they had the signature of the person who picked up the packet? 3) Also, was the address to which the green card was sent (if it was cert., r.r.r.) the correct address?

I told the judge the signature did not belong to me and I had not gotten service. 4) You put that in your motion, right?

I requested oral argument at the time this motion was filed to vacate judgment and she refused to give appearance and she decided bythis motion all by herself. She is allowed to do that, but it is surprising to me.

I am applying for a transcript to see what opinion she relied on to sustain her judgment but do not have those arguments at this time. Do try to get that - however, she may have just made the denial Order without issuing a reason in writing. However, that should be to your benefit because her decision is without expressed reason - the other side can not so easily support the decision when they know not what it was based on. Now, it could be based on (even if unsaid) on THEIR opposition brief to your motion. Did you get served with any opposition to your motion and if not, check with the court to see if there was opposition and if so, get a copy of that brief.

I am not sure what she relied on to sustain default. What would justify such a decision. If she flat out didn't believe your affidavit you provided in your brief. But since she has apparently never met you, that would be tough unless she looked at your sig on your motion and it appears to be 'like' that on the POS. She is not a handwriting expert, and you apparently didn't provide a report from an expert handwriting analyst to show it wasn't yours, only your 'word'. However, that would tend to tell me that she could better have ordered a plenary hearing on this issue, where the two sides could duke it out, call witnesses, etc. You could have then called a close friend family member to indicate how well they know your sig and that POS one isn't yours, while the Motion one is.... or, an expert (perhaps both is best).

I notice that you hadn't moved for default for over a year - is that because you didn't learn of the Judgment for a year?

Lastly, have you determine HOW the 'fraud' could have happened? I mean, why did the USPS think it was YOU signing off?
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Customer reply replied 4 years ago
Address was mine but signature was not mine on green slip from usps. The maker of the signature signed their own name and did not forge in this instance. Judge knew in my motion that the signature did not belong to me as the name was different from mine. She had copies of my signature with my filings. The handwriting does not remotely look like anything I would write. I got judgment 2/23/12 and had a return date 3/16/12. The denial to vacate default is dated on the return date. So the motion to vacate default was timely. She never bothered with a penary hearing she just moved ahead with her decision. She turned over over $50k without any questions. The plaintiff used the judgment to go to Chancery to get receivership to my business and have service issues there with proceedings. 3 of 4 signatures are clearly forged. How do I approach forgery at the post office ?? I was at work when the signatures were obtained. I worked close to midnight and can prove it. I live with my child under 10 who stays with his tutor on my late days at work. No one was at my home
Customer reply replied 4 years ago
did you receive my last question??
Hi, sorry for the delay. I had responded, but apparently it didn't "take." I am sorry it has just come to my attention.

With regard to your follow up:

Address was mine but signature was not mine on green slip from usps. If you know whose it was, you may want to get a statement.

The maker of the signature signed their own name and did not forge in this instance. If it came to your address, how was it that another took it. Was it a family member and USPS screwed up?

Judge knew in my motion that the signature did not belong to me as the name was different from mine. She had copies of my signature with my filings. The handwriting does not remotely look like anything I would write. I got judgment 2/23/12 and had a return date 3/16/12. The denial to vacate default is dated on the return date. So the motion to vacate default was timely. She never bothered with a penary hearing she just moved ahead with her decision. She turned over over $50k without any questions. The plaintiff used the judgment to go to Chancery to get receivership to my business and have service issues there with proceedings. 3 of 4 signatures are clearly forged. How do I approach forgery at the post office ?? Consider suing the post office for giving your mail to a person not you, when signature was required.

Consider going to your DA, and ask that charges be pressed or at least that it be investigated.

I was at work when the signatures were obtained. I worked close to midnight and can prove it. I live with my child under 10 who stays with his tutor on my late days at work. No one was at my home
Was the address yours??

In any event, you need to APPEAL, and again, claim the law suppporting the fact that the judgment was illegal due to lack of due process, fraud on court, etc. Remember, you only have days, usually 30, to appeal the motion denial/order. You need to absorb (takes many a read, usually) your court rules.
Alexia Esq.
Alexia Esq., Managing Attorney
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Hello again. Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because my job depends on it. Please:

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If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service - to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!

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Customer reply replied 4 years ago


Alexis one of the signature was signed by an individual from the Plaintiff's office, an employee. She forgot to sign my name and signed hers as if she was standing at my home and received my package. I made the connection of her name with a document I found in my file from the Plaintiff. This was one of the proof of service used in Chancery to obtain receivership. I contacted the Post Office and they are investigating. What can I do about her?

Customer reply replied 4 years ago


I did not see your reply. Please resend


Alexis one of the signature was signed by an individual from the Plaintiff's office, an employee. But what ADDRESS was it sent to? It was not sent to YOUR address?
She forgot to sign my name and signed hers as if she was standing at my home and received my package. But how did the CARD get to her office if it had YOUR address on it?

I made the connection of her name with a document I found in my file from the Plaintiff. This was one of the proof of service used in Chancery to obtain receivership. I contacted the Post Office and they are investigating. What can I do about her?
Depends what she did wrong. But, if you explained all this in your Motion to Vacate, showed the girl's name, showed where she worked (not that that should be necessary, but it is more compelling) and the Judge disregarded all, then your appeal may have some teeth to it. I hope this makes sense :)
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Customer reply replied 4 years ago

yes it was signed with her signature at my address as if she came her and waited for the package and signed for it. I suspect it was returned to them undelivered and they took care of the rest. There is also no postal stamp on the green cards they faxed to chancery suggesting the green cards never passed through the postal process. They faxed these documents to civil division as proof of service and the civil division and fax number appear at the top of each page. I turned over the green slips to US Inspection Service for further review.

Wow, the unscrupulous nature of those ethics! I am wondering if you may be able to report that FIRM to the lawyer ethics board - file a complaint perhaps. It is UNREAL and sickens me. I do hope you kept a copy of the green slips when you handed them over. But in any event, appeal if you can and want to, that denial of your motion to vacate.
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Customer reply replied 4 years ago

I filed a complaint against the judge and she has been made a defendant with her own docket #. She gave no due process and disposed of my property. The lawyer is a member of the ethics committee in his district. I was advised to forward the complaint to Trenton for handling. I gave the forged signatures for investigation to u.s.postal inspection service. This included the letter tying Plaintiff's employee to the green slips. I took your advice and contacted the district attorney for the area. I am in a waiting mode. Any suggestions for how to proceed?



I filed a complaint against the judge and she has been made a defendant with her own docket #. Interesting. Judge's typically have judicial immunity, so it will be interesting to see how your complaint transpires. But in any event, you need to APPEAL, that is how you overturn a judgment if necessary when the Judge screws up a due process issue.

She gave no due process and disposed of my property. The lawyer is a member of the ethics committee in his district. I was advised to forward the complaint to Trenton for handling. If this is an official complaint of Judicial Misconduct, you'd utilize that avenue, rather than a typically in court complaint.

I gave the forged signatures for investigation to u.s.postal inspection service. Any indication if they are doing anything with them?

This included the letter tying Plaintiff's employee to the green slips. I took your advice and contacted the district attorney for the area. I am in a waiting mode. Any suggestions for how to proceed?
My greatest suggestion is to consider appealing, if you haven't already blown your appeal deadline. I also wonder if you can't sue the lawyer's office for fraud (in regular court) and then file an ethics complaint with the attorney bar.

I am a NJ attorney and this behavior by our bar and judicial system appalls me. I am so sorry!
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Customer reply replied 4 years ago


Appealed vacate judgment out of time in Trenton. What do you mean by regular court? Superior Court? I am saddened by these events... unacceptable behavior in professional circle . Will keep you informed

Regular court - i.e. where we sue people or get charged by the state with a crime. Yes, it can be Superior court, or Municipal. If you try to sue a Judge in state court for failing in her duties, you will want to first determine if she has such immunity from suit or liabilitiy in such a suit.

"The Supreme Court's Advisory Committee on Judicial Conduct. The committee, composed of private citizens who are appointed by the Supreme Court, reviews allegations of judicial misconduct. The committee deals with questions of conduct only and not with the correctness of judicial decisions, which are matters for appeal. Depending on the Advisory Committee's findings and upon its own review of a complaint, the Supreme Court may sanction a judge. Sanctions range from reprimand, censure, and suspension without pay, to removal from judicial office.

The Advisory Committee on Judicial Conduct may be reached at(NNN) NNN-NNNN Correspondence, including complaints, should be addressed to the Advisory Committee on Judicial Conduct, CN-037, Trenton, NJ 08625."

 

And:

 

"Clients who believe their attorneys committed professional misconduct may file a grievance with the Supreme Court's Office of Attorney Ethics in Trenton, or with one of the 17 county-based District Ethics Committees. District Ethics Committees are composed of both lawyers and non-lawyers.

If the Office of Attorney Ethics or a District Ethics Committee finds enough evidence to believe that an attorney may have acted improperly, a complaint is filed. From that point forward, the process is open to public review.

A hearing into the complaint is conducted by a panel of the District Ethics Committee or, in certain cases, by a Special Master. If the hearing panel or the Special Master finds that unethical conduct has been committed, the case is forwarded to the Supreme Court's Disciplinary Review Board. If the Disciplinary Review Board agrees that misconduct has occurred, it may issue an admonition.

In more serious cases, the Board may determine that the attorney should be reprimanded or suspended. In the most serious cases, the Board will recommend that the Supreme Court disbar the attorney. The Supreme Court will hold a hearing in all cases in which an attorney faces disbarment.

Litigants who believe their lawyers have charged unreasonably high fees and who have not been able to resolve the fee dispute privately may request that the dispute be arbitrated before a county-based Fee Arbitration Committee. Members of Fee Arbitration Committees are appointed by the Supreme Court and consist of attorneys and non-attorneys. Fee arbitration hearings are conducted in private, and both the client and the attorney whose fee is being challenged have a right to be present with their attorneys, if any.

The Office of Attorney Ethics may be reached at 1(800)(NNN) NNN-NNNN"

 

http://www.nj.gov/faqs/court/

 

So sorry for all this that has happened. Very, very sorry.

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Customer reply replied 4 years ago

Matters addressed in state court, if denied, can you take the same matter to Federal Court or is this double jeopardy?


 

If you are suing someone in state court, on state claims, to take them to federal court you'd need to find a federal law that they broke. Federal doesn't handle state claims. Double jeopardy involves criminal court, not civil. Civil is morely likely a matter of 'res judicata' - when the matter has been adjudicated once, you can not re-adjudicate because you didn't like the first result - otherwise, any of use could be yanked through the courts on the same unproven allegation over and over again, with no stop to it.
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,572
Experience: 19 Years of Legal Practice Experience in this precise field.
Verified
Alexia Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

Ever heard of a judge giving receivership to a property that was not in bankrupsy or can you give receivership in al collection cases

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Alexia Esq.
Alexia Esq.
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