New York/New Jersey Jurisdiction Issue?

[TMHD]

In 2005 I lived in New York City, on September of 05, I purchased a new vehicle from a New York car dealership and entered into a Retail Installment Contract with the Dealership.

I moved to New Jersey last year (2007), I have made 30 payments on the loan with no problems. March 2008 I had a major neck surgery and have been out of work for 6 months.

I explained to GMAC that I'm able to make 1 payment now (9/3/08) and another on Sept 20
I'm returning back to work this month so I should be able to catch up on the remaining arrears.

GMAC has informed me to turn over my vehicle or they will repo it, they hired an Attorney that filed a Complaint with the Superior Court of New Jersey. On September 12Th I must appear in Court for an order to Show Cause.

GMAC want all of the arrears to be paid in full before they agree to stop Legal actions.

So, my questions are as follows:

1. Even though I live in New Jersey now, the contract was signed in New York State, dose the Superior Court of New Jersey have Jurisdiction?

2. If NJ dose not have jurisdiction, dose any know if NY requires 30 days Notice before proceeding with a complaint?

3. I signed the sells contract with the dealership not GMAC, at no point did I receive notice that the contract was assigned to GMAC. Dose GMAC have the right to collect or repo my vehicle?

4. Any advice on how I can buy time or delay the pleadings until I'm back to work and able to bring all of the arrears current?

Thanks for taking the time to read my post.

 

[Michael Wechsler]

(1) Filing in the county of the defendant is usually sufficient for jurisdiction over the person. Unless the contract says something different, the court seems to have jurisdiction over the subject matter.

(2) Delaying the case won't help you. The case is already filed. They have paid for an attorney and to file a complaint. While it wasn't nice, these days it seems that companies want to be safe rather than sorry and it has been six months (from my count). They can't wait. You will likely need to come up with both current payments and the outlay costs. That is probably the only way you can stave off the proceedings. I'm really sorry to say this and I know that it's not what you wanted to hear and best of luck to you.