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Everything posted by no12blame

  1. @usctrojan yes they were repeated 12 times for each of my affirmative defenses. beside these they had three more questions asking if i admit having the credit card account and the amount owed.
  2. Thank you everyone for your prompt reply on my Questions. I'm trying to educate my self as much as possible within the limited time window that i had to respond hence chose the above defenses. @uscrojanalum , your are right P&P is the one suing me. I am torn between hiring a lawyer or defending this myself. Can you give me the lawyers contact as well since he is familiar with them might makes sense to consult before answering these interrogatories myself.
  3. Hi I was recently sued by Unifund CCR, LLC for a credit card debt. I answered their summons . Now i received document for interrogatories. I was not quite sure on how to respond back to the specific questions below which ties back to the Answer that i replied back to the summons. Would greatly help if any one could help me explain what exactly they mean and template to answer. I received the same question for 12 of my affirmative Defenses. With respect to the First affirmative defense alleged by you in answer to the plaintiff’s complaint, please set forth: I. “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense II. As to each such person, state his/her name, last known or present address, telephone number. III. State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. IV. “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates. Attach hereto a copy of each “document”. Incase you wanted to know my Affirmative defense they are as below : 1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. 2. Defendant denies the allegations as there is not, nor has there ever been any agreement, written, oral or implied with Plaintiff and Defendant. 3. 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 no evidence that the purported assignment was bona fide. 4. Plaintiff’s complaint further fails to allege that the assignor even has knowledge of this action or that the assignor conveyed all rights and control to Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 5. Plaintiff has not proven that they are authorized and licensed to collect claims for others in the state of New Jersey, solicit the right to collect or receive payment of a claim of another. 6. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed. 7. Defendant claims accord and satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits from the Plaintiff. 8. The Plaintiff has failed to reference with complaint proof of alleged assignment, original contract signed by Defendant, account numbers, accounting measures to come up with such sum, lack of bona fide proof this alleged debt is indeed Defendant’s. The complaint does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 9. Failure to state a claim upon which relief can be granted. 10. Plaintiff’s complaint violates the statute of frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person. 11. Plaintiff’s complaint is time-barred by the applicable statute of limitations on credit card debt in the state of New Jersey 12. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.
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