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 dates, places, names and addresses of persons present, or involved in the conversations. Attach hereto copies of all writings. 2. Attach copies of all writings, documents and papers that the defendant will rely upon which relate to said account or in any way support defendant's defense thereto, including monthly statements, applications, and any letters sent to or received from CREDIT ONE BANK N.A. account number XXXXXXXXXXX. 3. Attach any and all documentation providing defendant's mailing address from the dates of 4/27/11 to 3/4/12 including, but not limited to copies of any electric bills, telephone bills, lease and/or mortgage agreement and a valid states drivers license. Sooooo, I'm lost from here. What are your thoughts guys? Best,
  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 'Pressler', please please".
  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 include). Best,
  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 security number or for any additional information for me, do I simply refuse to answer? This was my most worrisome aspect from the beginning is getting on the phone with them and slipping up, whether providing information I shouldn't have or giving them info they didn't prior have access to. I know this is certainly the first phone call I've received from Pressler, as they didn't even have my correct number listed on the complaint. However, if you're confident that they'll call back, I'll await the call and if they ask me any questions I'm uncomfortable with, can I request that they contact me via fax or mail instead? Or do I literally plead the fifth and see what happens? Thanks again all!
  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 just yesterday.
  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, but none of them suggested it would be worthwhile or they would particularly recommend it. Thereby, the consensus certainly seems to answer with affirmative defenses and see what happens. I have my interrogatories ready to go, although I thought I recalled Phil Stern telling me to wait as long as possible after filing my answer to send these in. Assuming the cause of this is that P&P will try and stall and not provide the documentation for as long as possible? And lastly, shelliah98, thank you for your response and the fact that it is indeed "all in the wording" is what has me so concerned about representing myself and why every opinion, advice and set of eyes on this revised document I wrote above and am preparing to submit is so important to me. I can't thank you all enough! Best Regards,
  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 MIDLAND FUNDING LLC CURRENT ASSIGNEE, [CREDIT ONE BANK, N.A., ORIGINAL CREDITOR] LAW DIVISION, SPECIAL CIVIL PART XXXXXXX COUNTY DOCKET NO. XXXXXXXXXXX Plaintiff, V. CIVIL ACTION XXXXXXXXX XXXXXXXXX Defendant. ANSWER, SEPARATE DEFENSES ANSWER TO THE COMPLAINT Now, here comes the Defendant, XXXXXXXXX XXXXXXXXX, hereby filing my Answers and Affirmative Defenses to the Plaintiff’s Complaint and stating the following: COUNT 1 I, XXXXXXXXX XXXXXXXXX, lack sufficient knowledge as to the allegations in paragraph one and therefore deny the allegations in paragraph one of the complaint. COUNT 2 I, XXXXXXXXX XXXXXXXXX, lack sufficient knowledge as to the allegations in paragraph two and therefore deny the allegations in paragraph two of the complaint. COUNT 3 I, XXXXXXXXX XXXXXXXXX, lack sufficient knowledge as to the allegations in paragraph three and therefore deny the allegations in paragraph three of the complaint. COUNT 4 I, XXXXXXXXX XXXXXXXXX, lack sufficient knowledge as to the allegations in paragraph four and therefore deny the allegations in paragraph four of the complaint. COUNT 5 I, XXXXXXXXX XXXXXXXXX, lack sufficient knowledge as to the allegations in paragraph five and therefore deny the allegations in paragraph five of the complaint. WHEREFORE, I, the defendant, demand judgment dismissing the complaint with costs. FIRST AFFIRMATIVE DEFENSE Plaintiff’s Complaint fails to allege valid lack of standing to prove ownership of the alleged account with standing to sue. Plaintiff’s Complaint has failed to show standing that the amount is a valid debt and/or account, the Defendant owns the invalidated debt and/or account and a valid assignment of debt was contracted to assign the Plaintiff as an authorized representative for any business on behalf of the Defendant. The claims cannot be assumed without creating an unfair prejudice against the Defendant. 15 U.S.C.§ 1692f SECOND AFFIRMATIVE DEFENSE Plaintiff’s Complaint fails to state a claim upon which relief can be granted. The defendant has no business relationship with the Plaintiff. In addition, not only does Plaintiff’s complaint fail to provide proof of a business relationship with the defendant, Plaintiff’s complaint also fails to state the date of the last activity on the allegedly defaulted account. This date and the Plaintiff’s claim to have a business relationship with the defendant cannot be assumed without creating an unfair prejudice against the Defendant. Plaintiff’s Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff’s Complaint fails to allege whether or not the purported assignment was partial or complete and there is not evidence that the purported assignment was bona fide. Furthermore, Plaintiff's complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions. Plaintiff’s Complaint is based on a contract that is illusory, therefore unenforceable. THIRD AFFIRMATIVE DEFENSE Defendant reserves the right to amend and/or add additional Answers, Defenses, and/or Counterclaims at a later date should discovery necessitate. CERTIFICATION OF NO OTHER ACTIONS I certify that this dispute is not the subject of any other action pending in any other court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this complaint, I know of no other parties that should be made a part of this lawsuit. In addition, I recognize my continuing obligation to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. Dated: _________________ Signature: __________________ CERTIFICATION REGARDING FILING AND SERVICE The undersigned hereby certifies that a copy of this pleading was served and filed within the time permitted by the court rules. Dated: _________________ Signature: __________________
  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 or if I am better off filing my answers and then hoping for a settlement? Thank you again everyone!