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  1. I don't think there is anything to compel, they provided a response. I have to look up the motion to exclude any evidence not disclosed, I'm not familiar with that in NJ. I am now thinking a "partial" motion for summary judgment, ie, only the second point on the summons. Thanks for the GREAT thoughts, it really helps! Jeanie
  2. I don't know what other course of action to take, basically Pressler LIED to me in their response to my request for documents referred to in pleadings (NJ 14:8-2), so I am thinking of filling the following.... I'm I WAY off base? Is this the right thing to do??? Will it aggravate the judge? IN THE CIRCUIT COURT OF XXX COUNTY LAW DIVISION STATE OF NJ PLAINTIFF, ) Plaintiff, ) Cause No. CAUSE NO vs. ) Div/Team No. DIVISION DEFENDANT ) Defendant(s). ) DEFENDANT’S MOTION TO DISMISS AND SUPPORTING SUGGESTIONS COMES NOW Defendant, XXXXX, and hereby moves this Court to dismiss
  3. I got a response back from my request for admissions from Pressler (re:Midland) Some of them just get me angry, 11 is FALSE and 14 is just arogant. ADMISSION #1 Admit that there was no written agreement, signed by Defendant, between CHASE BANK USA, N.A. and defendant RESPONSE: Plaintiff is unable to admit or deny as this request is vague and ambiguous as to the use of the term “written agreement,” which the defendant fails to define. ADMISSION #2 Admit that there is no written agreement between Midland Funding LLC and the Defendant. RESPONSE: Admitted ADMISSION #3 Admit that you did not send
  4. What is the appropriate action when the Plaintiff lies in response to a production of documents? That is, they responded for my demand of documents pursuant to 14:8-2 with a reply that the pleadings didn't cite documents, which is very obviously FALSE. I just don't know what action to take.
  5. Can you offer any suggestions to which action I should take, ie what to file.
  6. I recieved their answers to my request for Admissions. They deined the "admit you DON'T have a contract that states the plaintiff is entitled to 25% of the amount due for attorney fees" WOW! Can anyone suggest what I should file? I am so overwhelmed. Jeanie
  7. I'm just stuck, I don't know what to put in my MTD. They basically told me that the pleadings didn't mention a contract when I requested a contract pursuant to 4:18-2. An obviuous lie, but WHAT do I file? Pressler and Pressler just sent me another stack of papers (2nd set of interrogatories). It is getting harder for me to "fight the good fight" Between this and taking care of two children, I'm exhusted. Jeanie
  8. Anyone other than chase, I prefer that it was one of the OC that Pressler buys from and tries to get default judgments on. Thing is, I got a card members agreement from Pressler and I can't tell which bank it is from, I have a chase agreement, so I know it's not that bank. Thanks! Jeanie
  9. Urgent request: Can anyone out there get me a credit card cardmember agreement. I need it to have come from pressler and pressler preferably in NJ. Or does anyone know where they can be obtained on line? Thanks!
  10. I should have listen to RL. Two days after mailing the above I received a reply! It was just a 6 page copy of the cardmember agreement. Of course it dosen't mention 25% attorney fees as they claim in the summons. Enough, I have already drafted my letter certifying my intent to file for sanctions. I'll be sending that off on Monday! Have a good turkey day, all!
  11. Dear Scumbag: Pursuant to Rule 1:4-8( Frivolous Litigation - Motions for Sanctions, I am required to provide certification that the defendant served written notice and demand pursuant to R. 1:5-2 to the attorney for the Plaintiff who signed or filed the paper objected to, the complaint. Pursuant to R. 1:4-8 the Court has the discretion to impose sanctions against an attorney who signs a pleading that is found to be frivolous in violation of the Rule. R. 1:4-8 provides as follows: I'll leave out the rule, that I simply quoted. (i) state that the paper is believed to violate the provisions of
  12. This forum has been beyond fantastic, I applaud the ADMIN, she is doing everyone a great service by maintaining this site. By all means, support her by clicking on her advertisers! Well, to say I am a little out of my element would be an understatement, but I am attempting to get Pressler to dismiss the case, citing Frivolous Litigation! Please take a moment to read the next post for the letter I am composing to send to them. Please provide feedback, as this will not only help me, but hopefully others! Have a great thanksgiving all! Jeanie
  13. I'm going to go with this: I am in receipt of your letter dated November 17, 2010, postmarked November 19th, 2010 and received on November 20th, 2010, which claims interrogatories five (5), seven (7) and eight (8) to be unresponsive. In addition to the six (6) General Objections the defendant prefaced to her Response to Plaintiff’s interrogatories, as well as, the actual provided responses to interrogatories five (5), seven (7) and eight (8), which the defendant deems appropriate and in compliance with the rules for Civil Proceedings; the Defendant further amends her response to Plaintiff’s
  14. I replied with my amended response to the interrogatories and was going to include this: Additionally, your response of “the Complaint does not refer to any documents” to the defendant’s demand for Production of Documents pursuant to the NJ Rules of the Court 4:18-2 is false. As such, the Defendant will be filing a motion for sanctions and a motion to dismiss as well as, counter suing for violations of The Fair Debt Collection Practices Act. Very truly yours, ME
  15. Why not? Every letter I get from Pressler states "This communication is from a debt collector." So what about "mentioning" it in a letter?