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About frfpatty

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    new jersey
  1. Hi bigblue, i am not a lawyer and my comments don't have any weight as legal advise. All i can tell you is my experience of going to court to try to defend myself. So ,please make your own choice on how to proceed regarding your case and educate your self a lot. For what i recall, they are going to pursue your case till the end. Your answer to the complaint looks decent to me, i just wouldn't use affirmative defenses because ,to my understanding, you have to prove them in court. During discovery is when the process gets interesting. The main thing ,in my opinion, is to avoid a summary judgme
  2. The document that has always worked for me is the affidavit of denial of debt. This document will protect you from summary judgment because it makes the JDB prove the debt itself. It goes as it follows: " I deny that this is my debt and if it is my debt, I deny that is still a valid debt and if it is a valid debt, i deny the amount sued for is the correct amount" You can find templates on the net. Make sure is notarized and attach it to your answer to the complaint. Also read the posts about affirmative defenses and how to answer your complaint in a simple manner. I am also fightin pressler so
  3. Hey guys , I just realized another fact. Please let me know if I am correct. Here in nj special civil part cases the time for rogs is limited to 30 days as pr rule 6:4-3. So I filed my answer to the complaint on 11/10 and the supplemental rog is dated 12/13. That is to my calculations 33 days. Would that question be considered OUT OF TIME as per the court rule? So if it is out of time , I dont have to answer and I can excuse my self citing that rule or should I answer it they way you are telling me on the previous post. Thanks again.
  4. The unnotarized bill of sale goes as follows: For value received and in further consideration of the mutual covenants and conditions set forth in the forward flow receivables purchase agreement dated this xxxxxxxxx by and between general electric capital corp, a delaware corp, ge money bank, a federal savings bank, and retailer credit services ind, a delaware corp(collectively "seller") and midland funding ("buyer"),Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its succesors and assigns, without recourse exceept as set forth in the Notification files, delivered by se
  5. Thank you guys for your well of knowledge. I will answer the way you advise .
  6. Being that I am getting these excellent answers from you guys, what do you think should be my next step. Should I wait untill the trial date or should I file for summary judgement or a motion to dismiss. Whatever the case is, if you can offer any templates for what I should do next will be highly appreciated.
  7. Hi, thanks for answering this fast. The bill of sale is NOT notarized but the affidavit of sale of account by original creditor is notarized and also they attached a blanket statement from a third party lawyer attesting that the affidavit of sale of account by original creditor was taken by the notary. Now here is where it becomes interesting and fishy. The persons signing the bill of sale identify themselves as the CFO a fortune 500 company, the Vice president of a Fortune 500 and the president of a delaware credit corp. I did a google search on the names of the people signing the bill of sa
  8. This is the question that I need help with Please state if you ever had a credit account with (store name). If your answer to this question is in the affirmative, please state the time frame in wich you had the account and the current status of the account (open, closed, charged off). Please attach any and all documentation in support of your answer. Just as a little background on this question. First plaintiff sent me 3 question, nj allows 5 rogs in special civil part, I answer the 3 question and then they sent me the above supplemental rog. I sent them a letter with nj court rule stating tha
  9. These are the documents I received from JDB after requesting them in discovery. This is titled Verification as to Responses I, xxxxxxxxxxx, depose and state that I am authorized to make this verification on behalf of Midland Funding LLC. I have read the foregoing Plaintiff's Responses to Defendant's Interrogatories and know the contents thereof. To the extent that I have personal knowledge of the factual information contained therein, the same are true and correct. Isofar as said facts are based on a composite of information from computerized records, I do not have personal knowledge conce
  10. My case is becoming a little complicated, in my view, right now. Can I PM you legaleagle. I have a few issues that i can use your advise to. Thanks for your time and knowledge.
  11. As an update on my case, I can tell that I am going through the discovery process right now. I answer my rogs and send them my own rogs. I have not received any answer or documentation from the plaintiff. I received supplemental rogs from them. i have some questions regarding the discovery process. what is the time frame for discovery in nj? I checked the rules and all I can find is rule 4:17-2 that says the each party has 40 days to serve inititial interrogatories. They mention Rule 4:17-1b(2) as an exception. I've read that rule and to my understanding it does not apply to credit card c
  12. When you show up in court, you will go through all the introductory spechees from the court people and the judge. After that there is a recess where you will have the chance to mediate your case if you decide to do so. You go to a private room with the plaintiff's lawyer a mediator and yourself. If you want to settle, you make an offer to the plaintiff's lawyer. He might take it or not. If you don't settle then you go in front of the judge and try to defend your case. The only way to beat this guys, sometimes, is attackinhg the fact that they don't have the right documentation. Judges are no f
  13. I am ready to send pressler some discovery documents. Here is what i will ask: 1.Identify the person or persons answering these interrogatories. Include their business address, business phone number and titlr within the plaintiff's organization 2.Please provide the following information for each person known to the plaintiff who has knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in this action, giving a brief description thereof, for each person you may call as a witness in this case.
  14. How about a few requests for admissions. Like, Is midland bonded in the state, that they can't produce the chain of assignment, that there is no agreement between the plaintiff and defendant. Thanks for the help.
  15. Thanks guys for answering. The JDB is Midland. Pressler is the largest lawyer collection firm in NJ. Regarding rogs. They did produce a few cc statements but no chain of assignment. Should I worry about this statements at the time of trial. If they show the judge these statements how do i aproach that problem. Also, I was thinking of asking them for proof of bonding in the state. A JDB must be bonded with the state and, of course, the chain of assignment. Any thoughts on this.