Requested DV from Pressler Pressler, received improper request and got sued!

[Hallouma]

Hello,

So recently Pressler and Pressler sent me a communication regarding New Century Financial having bought an alleged account I had. I requested debt validation (NOT verification) and received a computer generated Original creditor point in time statment from October 2008 whcih states my name, account number, a balance (no details on that) and the fact that this account was "Scheduled to be charged off". No mention of Century finanical, no contract that they had bought the account, no original agreement between myself and Credit one (the OC), no details on the payments made on the account. P&P did write a 2 line paragraph on when the account was opened , paid until and charged off.

I then sent them another letter requesting proper validation and informing them that what they had sent me has no relation to New Financial century. they responsed with the sale letter, now warning me that i acknowleged receiving whatever paper they sent me and that they are under no olbigation to show me any real validating documents.

A few days later, i receive a summons that i am being sued.

I have been on working on cleaning up my credit and i am finally in the right path. I cannot have another judgment on my credit report, and i do will not pay a ridiculous amount like the one they request, i do not owe that amount.

What should i do? they have not provided proper validation of this debt, so they cannot legally sue me, yet they did. I am going to file a complaint with the FDCA, however do i:

1-respond to the summons
2-call them and try to work something out for them to un-sue.

thank you for any guidance you may provide.

These JDB have sued me in the past and won by default so i am not going to ignore this suit or let it ruin my credit...again.

[usagi555]

Actually, it sounds like they did provide proper validation. Validation is just there to ensure that they are pursuing the right person, basically. They do not have to prove every little detail of the debt. That's what court is for.

You need to start learning the rules of the court that you are in and start applying them for your defense. First off, you need to learn how to respond, because if you don't, you will lose this case, and that's just about guaranteed.

[Hallouma]

what about getting in touch with them to try to work out some arrangement.

[usagi555]

That's your call, but if you are dealing with a JDB, it is highly unlikely that they can prove that they even own the debt. Personally, I would never voluntarily pay a JDB. They'd have to kick my tail in court, then come start taking things.

[admin]

You have nothing to lose by filing an answer. It could be part of your settlement strategy in the long run. If they see you are not going to just roll over because you've filed an answer, they may be willing to settle for even less than if you didn't file an answer.

[Hallouma]

Thank you both for you response, my only concern is to lose and have this judgment on my credit report, my scrore finally went from very poor to fair.

so if i file an answer, there could still be a chance that they would drop the suit and want to settle?

Thank you.

here are the questions i should have answered in my initial post:
1. Who is the named plaintiff in the suit? New Century Financial Services
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pressler and Pressler
3. How much are you being sued for?$750
4. Who is the original creditor? (if not the Plaintiff)Credit One Bank, N.A.
5. How do you know you are being sued? (You were served, right?)summons

6. How were you served? (Mail, In person, Notice on door)Mail

7. Was the service legal as required by your state? yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Notified me they are respresenting a firm who purchased this alleged debt. I request DV, they submitted some computer generated statment, I requested for the second time proper DV, then they sued.9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to them sometime in2007/2008, this was a very short lived debt according to the dates they provided.11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).Received summons
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No i was planning on disputing a few items, among which was this one, just have not got to it.
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.Yes

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have 35 days. the complaint is :"Plaintiff having principle place of business at ... 1-it is now the owner of the defendant(s) credit one bank, na account number ########## which is now in default. there is due the plaintiff from the defendant {my name} the sum of $750 plus interest from 12/02/2011 to 2/14/2012 for a total of $750" .. I rounded the numbers. by the way the interest they accrued was during the period of debt validation.
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing

[legaleagle]

I am going to file a complaint with the FDCA,


The Food Drug & Cosmetic Act? I doubt that'll work. Did you mean the FDCPA? You don't file complaints with them, it's a federal statute you use to sue debt collectors. So far you have no violations to sue for.

These JDB have sued me in the past and won by default

This is why they won't back off. What level court is this? There are two different sets of rules.


they have not provided proper validation of this debt, so they cannot legally sue me, yet they did


Yes they have, and yes they can. All they have to do is provide you with the name of the creditor and their address. What you want is discovery procedure, which takes place after they sue you. You can't conduct discovery until you find out what court you are in, there are restrictions.

[Hallouma]

Thank you for your input.

They are suing through NJ superior court Special Civil part. Can I move for discovery? If so, is this something i include in my "answer"? thank you, i appreciate your advice on this.

[BV80]

Read your court's Rules of Civil Procedure. They'll have the information on how to answer the Complaint. If it's like my state's rules, you need to admit or deny each allegation. If you can't admit or deny (for instance, due to lack of documentation), you can cite "insufficient information". Read your rules carefully concerning that.

You do not request discovery in your answer. Your rules will also have that information.

[legaleagle]

The rules for special civil can be seen here:

New Jersey Special Civil Part Court Rules

they will sometimes refer you to the superior court rules, which can be found here:

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY


The forms for responding to a civil complaint in NJ are here:

http://www.judiciary.state.nj.us/pro..._ans_cmplt.pdf


Special civil is like small claims. When you conduct discovery, you are limited to five questions or requests for documents. This is a jdb, concentrate on the documents that will prove ownership of the account.

[Hallouma]

Thank you.

[Coltfan1972]

Originally Posted by usagi555

They'd have to kick my tail in court, then come start taking things.

Exactly, and the only way that is happening is if the trial is rigged. CIC members don't lose to JDB, it's just that simple, end of story.

[Coltfan1972]

Originally Posted by Hallouma

They responsed with the sale letter, now warning me that i acknowleged receiving whatever paper they sent me and that they are under no olbigation to show me any real validating documents.

They're correct.

[legaleagle]

Please post exactly what they said, word for word. They may not be under any obligation to produce certain documents, but it is unclear what you asked for. A bill of sale establishing ownership is absolutely okay to ask for. Without that, they have no standing to sue. "Validating documents" is what is unclear. Validating what? If this is debt validation, correct, too late for that.

[Hallouma]

Originally Posted by legaleagle

Please post exactly what they said, word for word. They may not be under any obligation to produce certain documents, but it is unclear what you asked for. A bill of sale establishing ownership is absolutely okay to ask for. Without that, they have no standing to sue. "Validating documents" is what is unclear. Validating what? If this is debt validation, correct, too late for that.

Sorry for the delay. I meant "Same letter" not sale letter.

basically here is what they said : "

dear xxxxx,
as previously advised, new century financial services, inc, presently owns your delinquent xxxx account number xxxxxxxxx. this letter is in response to your, received in this office on xxxxx, with respect to the above-mentioned matter. pursuant to your request, our firm will communicate with you in written form only, unless permitted or required by law.

in your letter, you acknowledge receipt of {date} correspondence, and reiterate your request for verification of debt. please note that the aforementioned {date} correspondence did provide you with verification of debt, a copy of which has been annexed hereto. once again, there is no legal requirement that you be provided with thew exact information you have requested.

as to your claim NCFS has never contacted you prior to our initial communication with you, i cannot confirm or deny that.

if you have any additional .......

"

i am writing the answer today and must mail it out today. I am not sure what to write in affirmative defense.

[legaleagle]

See post ten, I gave you the forms link for the answer. Don't use any affirmative defenses. Better to let them think you don't know anything, then surprise them in court.

[Hallouma]

Originally Posted by legaleagle

See post ten, I gave you the forms link for the answer. Don't use any affirmative defenses. Better to let them think you don't know anything, then surprise them in court.

Legaleagle,

I checked online, is this answer really going to cost me $135?

If i should not state any affirmative defense, then should i stick to the answer:

"Denied. No evidence has been provided to support Plaintiff's claims".

I would state that defendant has no knowledge of alleged debt, but i am afraid p&p would come back with the DV request communications we had.

thanks again.

[Hallouma]

I just called the court house and they told me the fee to file an answer to a summons is $15.

But the document in your link says 135$. the lady said i was looking at the wrong form.

could you please confirm it is $15.

[usctrojanalum]

Is the courthouse close to you? Go in person.

[Hallouma]

Originally Posted by usctrojanalum

Is the courthouse close to you? Go in person.

It is actually 45 minutes away by transit. I am working from home today and i will try to go during lunch.