Lvnv Funding LLC, Etc. v. Vanessa Martinez

── Lvnv Funding LLC, Etc. v. Vanessa Martinez ── Court: New Jersey Superior Court Appellate Division Date: May 13, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2094-24 LVNV FUNDING LLC A/P/O HOUSEHOLD BANK (SB) N.A., Plaintiff-Respondent, v. VANESSA MARTINEZ, Defendant-Appellant. ___________________________ Argued April 27, 2026 – Decided May 13, 2026 Before Judges Sabatino and Bergman. On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. DC-016742-07. Yongmoon Kim argued the cause for appellant (Kim Law Firm LLC, attorneys; Yongmoon Kim, Mark Jensen, and Nick Gagua, on the briefs). Jacquelyn A. DiCicco (J. Robbin Law PLLC) argued the cause for respondent (Austin Patrick O'Brien, on the brief). PER CURIAM  Defendant Vanessa Martinez appeals from a Special Civil Part order denying her motion to vacate a default judgment entered in favor of plaintiff LVNV Funding, LLC in December 2007. Defendant contends the trial court erred in denying her motion claiming she was not properly served the summons and complaint and did not receive notice of the lawsuit or judgment until June 2024. We affirm. I. On September 24, 2007, plaintiff filed a debt collection complaint seeking $1,736.26 from defendant for unpaid revolving credit card charges. At the time of the complaint filing, defendant's address contained in plaintiff's account file was at an apartment on Kearney Street in Paterson. On October 4, 2007, the Special Civil Part Clerk sent a copy of the summons and complaint to defendant at the Kearney Street address by way of regular and certified mail with return receipt requested. On October 23, 2007, the Clerk received the Return of Service of the certified mail marked as "unclaimed," and the regular mailing was not returned. No answer was filed. Subsequently, plaintiff requested and was granted a default judgment against defendant in the amount of $1,852.69, consisting of the charged-off debt owed plus accrued interest and costs as of December 2007. A-2094-24 2  In November 2024, defendant moved to vacate the judgment, representing in a certification that at the time of service and entry of the judgment, she no longer had resided at the service address, and she moved from that address in 2003. Defendant certified she resided at multiple addresses before eventually relocating to Puerto Rico with her children in 2006 due to personal hardship. While living in Puerto Rico, defendant arranged for her tax preparer, Jorge Cano, whose accounting office was located on Crooks Avenue in Clifton, to allow her to use that location as her mailing address due to the instability of her living situation. She returned to New Jersey in the summer of 2007 but lived at different addresses until finally settling at a Broadway Street address in Paterson in November 2009. Defendant asserts that she never received notice of the lawsuit or default judgment until approximately June 24, 2024, when Cano—who was still serving as her tax preparer—received mail addressed to defendant concerning a Notice of Application for Wage Execution at the Crooks Avenue address. Plaintiff opposed the motion, arguing