da6cents

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About da6cents

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  1. Thanks all. I'm in NJ. The settlement agreement is from the attorney respresenting Discover: FORSTER, GARBUS & GARBUS. Some folks on here a while back stated that they did indeed represent Discover. I guess I can call Discover and verify the law firm representation?
  2. Received it from Forster, Garbus & Garbus on behalf of Discover Card (thank you in advance for your responses): IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys and defendant (a) and or defendant (s) or defendant‘s attorney that: I . Defendant DA6CENTS , hereby withdraws the answer and counterclaim, and waives any and all offsets, defenses and/or Counterclaims against Foster, Garbus & Garbus and Plaintiff. 2. This action is settled for $xxxxxxx (50% of amount due) due on 05/xx/2011 , thereafter this account will be settled in full. 3 . All paymen
  3. Just talked to the law firm. Doesn't look like they're willing to come down any further. I asked the woman about someone coming after me for the balance down the line and was told that it "shouldn't" happen and that all I would have to do is produce the letter they give me that the matter was settled. Wouldn't that and a warrant of dismissal suffice?
  4. Hi All: I’m being sued by ‘Discover Bank’ and dealing with their attorneys, FORSTER, GARBUS & GARBUS. After answering their complaint they sent me interrogatories on 3/25/11. I have 30 days to respond. With work and everything else going on in my life, I really don’t have time to draw this out and am interested in settling. Along with the interrogatories, they sent me two settlement options: 1) Pay balance in full in the form of monthly payments. 2) Pay in full immediately at 50% discount. I was given 10 days to respond (which I didn’t) and 30 days to start option 1 or pay in full as stip
  5. Hi Group: Amex if wanting me to pay SOMETHING on an account I defaulted on. The amount is $90. As I get back on my feet I am looking to actually settle with them. My thinking is to avoid a lawsuit by them and stay on the payment plan until I get back on my feet and work out a settlement. Is this advisable or is there another way to deal with this? Thanks!
  6. Hi all: Here's the answer I'm filing tomorrow in response to the complaint posted here: creditinfocenter.com/forums/showthread.php?t=306835 I'm just not sure how do I request discovery? In the affirmative defense? After the affirmative defense like I did below? MY ANSWER: Da6cents (PRO SE) DISCOVER BANK . Plaintiff Vs. ) ) ) ) ) SUPERIOR COURT OF NEW JERSEY LAW DIVISION: SPECIAL CIVIL PART UNION COUNTY Da6cents Defendant(s) ) ) DOCKET NO: xxxxxxxx-xxx Acct. No.: xxxxxx Ref. No.: xxxxxxx ) ) ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES Defendant: Da6cents Located at Da6cents Da6cents A
  7. Thanks Rikkivs and BV. I'm not sure that the affirmative defense "Failure to state a claim upon which relief can be granted" can be used since they did indeed post an account number on the complaint. I just 'x' it out for posting. I will certainly look up the unjust enrichment defense, thanks. Where in the complaint do I make my demand for discovery (cashed checks, contract, etc.)? This is what I have: Defendant: Da6cents Located at Da6cents Da6cents Answering to Plaintiff’s complaint(s) , say(s): All allegations of the Complaint are denied unless expressly admitted herein. 1. As to the firs
  8. Great, thanks! I now have the following. But I'm wondering if both demands (that begin with WHEREFORE) are needed in the complaint. Is the second demand considered a request for discovery? All allegations of the Complaint are denied unless expressly admitted herein. 1. As to the first paragraph Defendant does not have enough information needed to ascertain the accuracy of the accusation. 2.. As to the second paragraph Defendant does not have enough information needed to ascertain the accuracy of the accusation. 3. As to the third paragraph Defendant does not have enough information needed to
  9. Actually the online answer form for my state (I just found it) states the following after my answer and right before my affirmative defense: "Wherefore the defendant demands judgment dismissing the complaint with costs." Doesn't that contradict with my statement right after my affirmative defense?: "WHEREFORE, Defendant demands a copy of the aforementioned credit card, line of credit, promissory note or loan. Defendant also demands an accounting of all charges, fees , interest and costs alleged by Plaintiff as well as a copy of contract alleged by Plaintiff as having been given to Defendant."
  10. Thanks BV80 - I read somewhere on here where it is suggested that you don't just copy template affirmative defenses but also include some that are specific to your case? (If I understood correctly) In any event, this is what I'm filing on thursday. Comments Please? I'm also filling out the CIS forms. Should I request a jury? Da6cents (PRO SE) DISCOVER BANK . Plaintiff Vs. ) ) ) ) ) SUPERIOR COURT OF NEW JERSEY LAW DIVISION: SPECIAL CIVIL PART UNION COUNTY Da6cents Defendant(s) ) ) DOCKET NO: xxxxxxxx-xxx Acct. No.: xxxxxx Ref. No.: xxxxxxx ) ) ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES
  11. Hi again. Where can I find a list of possible affirmative defenses to use?
  12. Hi All: I'm being sued by Discover Bank. You can find more about it here. creditinfocenter.com/forums/showthread.php?t=306835 I'm formulating my answer and looking for affirmative defenses on this site. But so far the only ones I found are for fighting suits brought on by JDB's. Please help. Thanks!
  13. Thanks much for the response. Are you saying that they do not need to supply proof that they do indeed represent the OC? Or are you saying that copies of cashed checks should be sufficient? And I'm assuming I can find a list of affirmative defenses on this site, correct?
  14. Complaint: RECEIVED THURSDAY 2110/2011 DELETED AM DELETED FILED Feb 10, 2011 ATTORNEY(s): FORSTER, GARBUS & GARBUS 7 Banta Place Hackensack, NJ 07601 (800) 245—9943 x Attorney(s): for Plaintiff DISCOVER BANK . Plaintiff Vs. ) ) ) ) ) SUPERIOR COURT LAW DIVISION: UNION COUNTY . OF NEW JERSEY SPECIAL CIVIL PART Da6Cents Defendant(s) ) ) DOCKET NO: DC-CIVIL ACTION Acct. No.: {DELETED} Ref. No.: {DELETED} ) ) COMPLAINT (ON CONTRACT Plaintiff: DISCOVER BANK Located at: % 6500 NEW ALBANY RD NEW ALBANY OH 43054 complaining of defendant (s) , say(s) 1. Upon information and bel