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About Moments1

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  1. I was reading some earlier posts. One of the members suggested that you pay the money and pull a Dunn & Bradstreet to see if this account was there, and when the last payment was made. Now, that you have been sued, you are going to have to get this information in order to mount a defense and an offense. If it is past the SOL, this lawsuit will no longer be an issue. So..................
  2. Did you ever speak to them by phone on that date? If you did not, how do they attempt to get away with lies like this. Where is their proof? I think they did that to someone else on this forum. I read about it several weeks ago. Please bust them, and bust them good.
  3. As mentioned previously, this JDB is on my son's credit report. I wrote them a letter on my son's behalf and they replied with please call me to discuss letter. Is it required that this JDB have the "this is an attempt to collect a debt" on any correspondence they send, or can they leave if off because they are not licensed in NJ.
  4. I read as much of it as I could understand. So, I am sure I am missing something. Nascar, please fill me in.
  5. My son has an item on his credit report that I am trying to help him repair. The original creditor, 1st Bank of Delaware/Continental Finance, had a cease & desist order issued against them in 2008 by the FDIC. It turns out they were guilty of unfair practices, misrepresentation and a few other not so nice things against consumers. They preyed on consumers with bad credit or no credit at all, and with an ititial credit line of $300, they charge $245 in fees. So, if the consumer's circumstances fell under the FDIC order guidelines, their tradelines had to be deleted. I have reached out to all three CRAs and that tradeline has been deleted from 2 of the 3 credit bureaus. This account should be null and void, but they sold this debt to a company called Credit Solutions Corp in 2009, which was after the FDIC order. I have disputed Credit Solutions Corp with all 3 CRAs, and it has come back verified. When I contacted this JDB, he sent me "proof" of the debt, which was one statement from 2008, yet when I checked my credit reports, the JDB, has updated it to say that I made a RECENT PAYMENT. The amount on that statement from 2008 and the amount listed on the 2012 credit report has not changed. I can't get them to delete this, and they lied about a recent payment being made, but can't show any proof. What is the next step?
  6. You can only send the 5 interrogatories. No admissions are allowed in this particular court. Been there last year. We did not send any interrogatories because of my confusion on what was allowed in discovery, too. By the time, I figured it out, it was too late for the interrogatories. But, we did answer the 3 they sent, and gave them no information. They lost the case because they said a payment had been made on the account, and when they were asked to provide proof, they folded.
  7. 6:4-3. Interrogatories; Admissions; Production (f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown."This means that even though it was filed in Special Civil, the usual Special Civil Rules dont apply when it comes to Interrogatories and other document requests. Follow this rule. In NJ, it is one of the most important.
  8. I live in NJ too. Answer that summons on time and you can find out all the rules on Following the rules of the court are crucial. Make sure to use the appropriate affirmative defenses for your situation and don't admit to anything. And you have not screwed up by trying to negotiate a settlement. An offer of settlement is not an admission. They are hoping that you don't submit an answer, and when you do, they have to work for that $500. That is not their plan. They plan to spend no more than $75-$100 and profit over $400 with a default. When you answer that lawsuit, Pressler and Pressler knows you are going to fight them, so they will send out Interrogatories. Because the amount involved is small, it is still Special Civil, but the rules of Small claims take precedence. In special civil, small claims, each side can only send out a maximum of 5 interrogatories. You CAN NOT send out Requests for Production of Documents, or Requests for Admissions, so don't waste your energy preparing them. All of the benefits in this situation are not theirs, because even though you can only ask them a max of five interrogatories, they can only ask you five too. I mounted a defense by using this site, asking questions, and staying up late at night doing research. Just use that court website for the rules, and you can beat them at their own game.
  9. Does your court have online access? If so, check and see if any of this "evidence" is part of the court record, or if it was just sent to you. The JDB in my son's case sent unauthenicated copies of statements and a unauthenicated bill of sale to my son, only. We did not file a motion to strike because it was never presented to the court as evidence, nor was it attached to the original complaint. I think you can only file a motion to preclude if you asked for evidence before trial and they said they did not have it or refused to give it to you, and then they try to present it at trial.
  10. I am reading all the negativity too. You have not lost yet, and if you think you are going to lose and are only concerned about what they will do to you when you do, why not cave in now? It costs you nothing to fight, and if you can't find the time to study, I don't know what to tell you. This forum can only do so much. The members advised us and helped us when we were stumped, but it was up to us to make the time to study the rules of the state in which we lived, so we could defend ourselves. From what I have seen so far, so what if they have a few statements and an affadavit? So what if your name and address are on the statements? The bottom line is, do they own your account and can they prove it? They had statements, and a bill of sale in my son's case too. Did not mean jack, because none of the stuff was admissable and they could not prove they owned the debt. If you care enough to post here, deep down inside you do not want to give up and fold, so don't do it. Study and listen to the advice from the legal eagles. You will be so glad you did.
  11. This just goes to show you that CIC helps us alot, but we have to have the gumption to study the civil procedures for our state, and familiarize ourselves with the laws concerning debt collection and credit reporting. It takes a lot of studying, but once you learn these procedures, you will never be intimated by a JDB or OC again. These people that are suing us are counting on our fear at the sight of those complaints to send us whimpering into the corner. Even if we are scared, and are backed into that corner, initially, there is no reason why we can not be facing out with our claws bared, prepared to do battle. You faced formidable odds, and you won a formidable battle. Congratulations!!!!!!
  12. The OC can charge it off, but they still own the account until it is sold to a JDB. If if just says CO on your CR, but there is no notation on the TL that it is sold, the OC is the plaintiff.
  13. They win by intimidation. Did they send you a letter politely asking you to provide better answers to the interrogatories and you did not, or did they just file a motion? How many interrogatories did you send, and did they answer yours? If you sent more than five, they will not answer them. If the amount of the suit is less than $3,000 and you are in Special Civil Part, it follows the rules of Small Claims Court, even though it was filed in Special Civil. That is why you have not received a request to produce documents or Request for Admissions. If they attempt to submit any documents at trial, they must have a live witness to authenticate them. No affadavits are allowed. Use this to your advantage. Provide the better answers within the time frame on the motion if it is a formal motion to compel better answers filed with the court. If it is just a letter from P&P, don't panic. Just kindly send the better answers to them in the time frame requested. I don't think that they have jack, or they would not be so desperate for you to answer their 3 questions.
  14. Let me guess. Are the attorneys P&P by any chance? I am asking because those are the same interrogatories that they send for all Special Civil cases where the amount is under $3,000. What did they send with the complaint? What I have found is when they want to go after you for more specific answers to the interrogatories, it generally means that they don't have anything, and want you to submit something to prove their case. In NJ they are allowed 5 interrogatories, so why 3? Because they are going for the default and don't want to waste their time or money coming up with 2 more questions.