bigblue132

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About bigblue132

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  1. Ok folks, so I have some updates. Got a letter last week stating: Dear _____ , This office has reviewed your Answer to the Complaint in the above matter and would like to discuss this case with you. Please call a representative of our "Legal Desolutions" team at XXX-XXX-XXXX extension XX at your earliest convenience if you would like to discuss possible settlement. Few days later, received their interrogatories, see below: 1. Set forth in detail each defense which the defendant has to the above-entitled cause of action. in detail, give the factual basis for each defense, setting forth
  2. Thank you very much for your opinion and feedback, I greatly appreciate it. My thought process was, the longer I waited, the more likely that they were to put in actual billable hours or file the interrogatories/discovery, etc. I was thinking if I was able to speak to them prior to them proceeding further and causing them more work, they'd be more likely to accept a settlement immediately? I could be completely wrong, this was just what had come to mind for me. I'd appreciate any thoughts whatsoever. Every time the phone rings, I'm literally saying "Please read 'Pressler', please read '
  3. Still no calls from Pressler ever since that original call I missed on Thursday of last week. Thoughts on calling back, going thru their automated system and asking to speak with the attorney listed on the complaint? Getting nervous here that they haven't called back since and would love to settle and get this over with! Thanks again all!
  4. This is very helpful actually and explains why some lawyers suggested "throwing the book at them" and including every affirmative defense possible. I thought to myself, how in the world would SOL be a valid affirmative defense, when I knew for a fact it wasn't past 6 years. But the situation you bring up raises a good point, you never know what evidence or lack there of, that they'll produce. Good point. Well, as the clock nears 9AM here on the East Coast, I am anxiously awaiting that "Pressler" to pop up on my caller ID hopefully again today!
  5. From my research, many people suggest against using any affirmative defenses because you have to prove them. Some people have up to 20 and suggested for me to throw the book at them, which I did not do. I wittled it down to five and then eventually, really only two. I included so much info to help me better be able to prove my case since the affirmative defenses you have to prove. Hope this helps from my limited personal knowledge! (I'm sure some more knowledgeable people will chime in, and if you do many searches, you can see all the differing opinions and suggestions on how many to incl
  6. I also used lack of standing. All of my affirmative defenses are posted a few posts up so you can read them word for word.
  7. Thank you, thank you. I didn't necessarily mean plead the fifth in the actual sense, more of just simply ignoring their inquiries or questions and repeating I have a lack of knowledge just as to not incriminate myself. Alright then, I will anxiously await their next call! Thank you all again!
  8. Exactly, it's the recording part that frightens me because I assume if I slip up once, or say just one detail that I should have omitted, it's then evidence that can be used in court to easily win a judgement against me. So I shouldn't call back, even though they left no VM or anything? Or if they do call back, I'm pretty much going to stick with not answering any questions and simply stating "I have no knowledge of this debt or the allegations contained in the summons, but will accept a settlement to avoid any further negative impacts on my credit report." What if they ask for my social
  9. Exactly, I assumed by calling back I'll get their automated machine and just wind up speaking to some representative. Are they likely to call back do you think? I suppose I should have answered the first time, but it took me by complete shock and I was hoping they would leave a VM. Next time, certainly pick up though and deny all knowledge and allegations, but I can only imagine they'd be calling to offer a settlement? In which I desperately seek! I wasn't expecting a call back from them that sooner either, as they must have literally just received my answer I sent via certified mail ju
  10. Yes indeed, I recall Phil Stern telling me to wait as long as possible to submit, so I was going to submit them around the 20-day mark. Also, I received a call from Pressler & Pressler this morning. No voicemail, nothing. They called at 9:45AM and it simply shows up as their main number. Should I give them a call back or wait it out? Thanks again all!
  11. Absolutely! Was coming on here to share with everyone that I filed my answer this past Monday, the day it was due. Held off on calling them! Sure hope it was alright, so the waiting begins! I have my interrogatories ready, but am not to send those for quite a bit, correct?
  12. Thank you all for this info, I'll post more in-depth later on today but I just wanted to respond to this post very quickly. Therefore, in Form A (see link here - http://www.judiciary.state.nj.us/civil/forms/11637_appndx_xi_f.pdf),would you suggest simply stating "Other. See attached additional documents." And these additional documents are my answer and affirmative defenses as posted above? Also, debtzapper is completely correct in why most lawyers suggested for me to represent myself, due to the cost of their services and the amount in the suit. Many, many had offered and gave me quote,
  13. I looked into arbitration and unfortunately, Credit One has a clause in their cardmember agreement against any arbitration. I agree and the last option I want to pursue is fighting this in court. I would love to settle this and make an immediate payment, just seeking the most effective route to get there. Thanks for your reply!
  14. Hi again! T-minus 6 days until my answer is due, so this draft is nearing it's final version. I've resisted the urge to call them to try and settle and after much editing, researching and revising, I've come up with the below draft as my answer to the complaint. One of my biggest concerns is making a mistake in my answer or any legal language, so please let me know if you have any comments, feedback or any advice at all; it is greatly, greatly appreciated! XXXX XXXXX XXXXXXXX XXXXX, XX XXXXXX XXX-XXX-XXX Pro Se SUPERIOR COURT OF NEW JERSEY
  15. Thank you all for your help thus far. I'm fine-tuning my affirmative defenses and once finished, will post them up here for your review. Now, a few lawyers I've spoken to have said just give P&P a call denying any knowledge of the debt and asking if they'd accept a payment? Of course, quick payment, lump sum, etc - I would think this would need to be in writing, but many have told me to simply call them. With the deadline to file my answer approaching, I need to act quickly. Please let me know your thoughts on this to avoid a legal situation altogether and the likelihood of success