NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3577-19 LVNV FUNDING, LLC, Plaintiff-Respondent, v. OLGA VALDES, Defendant-Appellant. ________________________ Submitted May 12, 2021 – Decided June 9, 2021 Before Judges Rose and Firko. On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. DC-000905-04. Olga Valdes, appellant pro se. Respondent has not filed a brief. PER CURIAM Defendant Olga Valdes appeals from a March 27, 2020, Law Division order entered by the Supervising Judge of the Special Civil Part denying what the judge construed as defendant's motion to vacate default judgment under Rule 4:50-1(f) following a settlement and a May 20, 2020, order denying reconsideration. We affirm. I. We derive the following facts from the record provided. On December 3, 2003, plaintiff's predecessor in interest sold and assigned defendant's Sears account to Sherman Acquisition, L.P., the filing plaintiff. Defendant owed the sum of $4,617.85, inclusive of interest, service charges, costs, and attorney's fees, in accordance with her Sears agreement. According to defendant, Sherman Acquisition, L.P., ceased doing business in this State on January 30, 2009, as evidenced by its Certificate of Cancellation of Authority – Foreign Limited Partnership filed with the New Jersey Division of Revenue. On June 7, 2010, an order was entered by a prior judge amending the caption of the case to read, "LVNV Funding LLC A/P/O Citibank," (LVNV) as superseding plaintiff. The record shows that LVNV submitted a Public Records Filing for New Business Entity on July 14, 2016, with the State of New Jersey Division of Revenue. Defendant did not oppose plaintiff's motion to amend the caption. On May 15, 2019, David J. Levine, Esq., of the law firm of Fein, Such, Kahn & Shepard, P.C., sent defendant a letter advising her the firm was retained A-3577-19 2 to represent LVNV to collect the judgment amount of $4,875.22. 1 The letter provided that post-judgment interest through May 15, 2019, was $1,057.82, and credits were applied in the amount of $1,469.04, leaving a current balance due of $4,464. The account belonging to defendant was identified by: defendant's name; the current owner of the debt—LVNV; the original creditor, Sears National Bank; the original account number; and the docket number assigned to the case. On that same date, Philip A. Kahn, Esq., an attorney employed by Fein, Such, Kahn & Shepard, P.C., filed a notice of appearance in lieu of a substitution of attorney with the clerk of the Special Civil Part because prior counsel did not return a signed substitution of attorney "despite multiple requests." On October 29, 2019, counsel for plaintiff applied for a notice of application for wage execution on defendant's employer. The notice included a certification of service …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals