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MIDLAND FUNDING v. GIAMBANCO

No. A-1651-09T3.

28 A.3d 831 (2011)

422 N.J. Super. 301

MIDLAND FUNDING, L.L.C., Plaintiff-Appellant, v. Rosa GIAMBANCO, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 2011.

Attorney(s) appearing for the Case

Lawrence J. McDermott, Jr. , Parsippany, argued the cause for appellant (Pressler and Pressler, L.L.P., attorneys; Mr. McDermott, on the brief).

Respondent has not filed a brief.

David McMillin argued the cause for pro se amicus curiae Legal Services of New Jersey, Inc.

Before Judges CUFF, FISHER and SAPP-PETERSON.

The opinion of the court was delivered by SAPP-PETERSON, J.A.D.

In this appeal we are asked to review a consent judgment in which defendant waived notice of an application for issuance of a wage execution. The effect of the waiver permits issuance of the writ upon the filing of a certification that defendant has defaulted on the terms and conditions of the consent judgment. The trial court struck the provisions as contrary to public policy as set forth in N.J.S...

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