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  1. Well I lost the motion. it is ordered that the motion of defendant to vacate summary judgement is denied, as defendents opposition is disingenuous at best. While he disputes the omount and thought he paided it off he never submitted any information reflecting the same. When I first answered the summons I checked did not agree with amount, because I mistakenly thought that was what I was suposed to do. I explained that I have no leagal knolage and that what I meant by checking that was that I didn't think I owed anything at all. I requested that the plaintiff show all the documented proof, but I guess judge McManimon leans tward the plaintif. Is there anything I can do now? I just started a new job and im afraide it will cause me problems if they try to garnish my wadges, plus I barly make enough to pay my bills as it is.
  2. I wish I had but, I haven't, only answered theirs. I will work on putting some together and will post them here for advice before I send them. I saw some that were filed by others that I can use as a start and also add things specific to my case. Thanks
  3. Thanks again Spikey, I sure hope I can use their blatant lies against them somehow.
  4. Thanks for the reply Spikey, The clerk’s office told me to file a motion to vacate. They said it was their mistake and the judge would review my original opposition if I did. In my original opposition, I opposed summary judgment because; they have not supplied sufficient documentation to prove they own the account or that I am now or ever was responsible for the account. I also pointed out that they intentionally provided false information, that was contrary to my interrogatory answers, in their ‘Statements of Material Facts’ document they included in their motion for summary judgment. When I called to ask the status they told me I could file the motion to dismiss now. But the advice I have gotten here so far is to not file for dismissal. So I am waiting to hear the outcome from the motion to vacate and will then request discovery as suggested by Shellieh. Thank you for your help
  5. Thanks Gunny, I have pointed out both arguments in my opposition. My nephew is a Marine and is stationed in S. korea. He will be home for the first time in over a year at Thanksgiving. Thanks again for your help
  6. Tex, I did include an affidavit, but it was not notorized. Does it need to be notorized? Shellieh, I used to live in CO and I really miss it. I have not asked for discovery but I will now. It's crazy to me that the plaintiff/lawyer can knowingly provide false information in an official court document. When a lawyer submits court documents are they not under oath? I understand all lawyers are paid to lie but isn't it a problem for them when they are caught? I really appriciate your help. If there is anything I can do for you please let me know. I am an electrical designer/solar designer.
  7. Thanks again for your help Tex, They have won summary judgment unopposed, but the judge never saw my opposition because it was caught in the document que, according to the clerk. It was in on time but was not filed by them in time. I was told to send a motion to vacate the judgment explaining what had happened and the judge would then reconsider the judgment. I sent the motion about a week ago. I called today and they said it was still under review by the judge. I was considering trying to file a motion for dismissal because I can prove that the lawyer for the plaintiff knowingly falsified the statement of facts and omitted interrogatories that would have shown this in his request for summary judgment. I did point this out in my opposition already along with the fact that they have not provided proof of ownership of the dept or that I am responsible for the debt. You think I should just wait to see what happens next? I am worried they will drop it then try to bring it against me again in a few months.
  8. Is there not a law against knowingly providing false information like this?
  9. Thanks for the advise Tex, but I am irritated that they lied on the statement of material facts and would like them held responsable. They also called me late at night and hung up a few times. I know this because the name pressler was on the caller ID.
  10. 1. Who is the named plaintiff in the suit? Midland although on one document it was listed as pressler and pressler 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? 5800 4. Who is the original creditor? (if not the Plaintiff) citibank 5. How do you know you are being sued? (You were served, right?) yes 6. How were you served? (Mail, In person, Notice on door) certified mail 7. Was the service legal as required by your state? i think so 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? told them all my depts were settaled 2 years ago, which I think/thought to be true. 9. What state and county do you live in? NJ, Mercer 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) don't know 11. What is the SOL on the debt? To find out: 6 yrs 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). they were awarded summary judgement with out oppisition. This was due to a clerical error in the clerks office and my oppisition is now being reviewed by the judge, according to the clerks office. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No 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? Waiting for answer from court on summary judgement but was told I could file for dismissal before I recieved an answer 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. last statement, bill of sale with no account numbers or details and said I admitted to owning debt. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  11. They filed for summary judgement, included in their motion was a statement of material facts. In the statement the pressler stated that I admited to owning and oweing the debt, which I absolutly did not and can prove it with their own documents. Could this be reason for dismissal? Preferably with prejudice.
  12. Hi everyone, I am being sued by Pressler and Pressler for Midland in NJ. They filed for summary judgment but provided false information that I can easily prove is false from there own interrogatories. What should I do? File motion for dismissal with Prejudice maybe? Is this not perjury? Any help is greatly appreciated. Thanks
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