leeannthehorse

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  1. When I called the agency to settle, they were totally apologetic and stated that someone had really screwed up.
  2. I have a blatant FDCPA violation case and am seeking advice on the best way to handle it. I send a DV letter with the explicit statement not to be contacted via phone. After receiving the letter, the CA called my mother's phone number and left a message. I have proof of all these. Any suggestion for a lawyer or procedure to follow? Thanks in advance.
  3. I thought so too, but used this http://www.judiciary.state.nj.us/prose/10556_response_to_a_motion_kit.pdf and followed the directions. I think they were trying to split hairs. BTW, the rent a lawyer had a half inch packet of copies of statements on him, but they never provided them as part of my demand for documents. If I knew more of what I was doing, I should have filed the motion to limit any other documents. They would have been in trouble then because all they had was the one page print out, affidavit, and some other useless form. I might have had a chance, but I was SO nervous I was content to just settle.
  4. That is just it. If I don't pay the automatically get the full amount. I am satisfied. The rent a lawyer actually said that I gave them a tough time. I took that as a compliment.
  5. Well, this might have been the scariest morning in memory, but I made it on time for my case. I ended up settling before mediation. I am just happy to be done. I settled for about 1500 less than owed and have a month to come up with the cash. I'll sleep well tonight.
  6. I have court in the morning. Thank you all for your advice. Can anyone tell me what to expect in NJ Special Civil? I called today to double check the time and was told I'd go to mediation first. Can anyone describe this process? Thanks.
  7. Bruno, Any suggestions would be appreciated. Thanks. LA
  8. The cited the same cases everyone does in the MSJ. They cited nothing in the response to opposition. I DO NOT want to compel, but I can't imagine why they didn't produce since they represent the OC. If I do the latter suggestion, all they have is the one page printout and the affadivit.
  9. I summarized, but you get the idea. What do you suggest now? Can I make a motion to dismiss based on failure to produce documents and failure to establish anything by not providing the docs required in Colvell (can you tell I like that case? I keep wanting to bust it out)?
  10. Sorry Bruno. I am very tired and misread. Here is the meat of my opposition: There is some discrepancy in the paperwork that the Plaintiff has filed. The debt in question is referred to as a store card in the narrative and VISA on the printout. Despite receiving a DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-1 and 4:18-2 (USPS Article Number 7010 0290 0000 5174 6459), the Plaintiff has failed to respond with documentation. Finally, the affidavit provided by the plaintiff is both hearsay, and incomplete. It was not even filled out completely. Their response: THe Objection is notable soley for its complete failure to set forth any genuine issue of material fact justifying trial of this case. The Defendent failed to submit any Certification in support of her opposition. THe rest talks about how I failed to deny anything.
  11. I used the form that the court provides. It has a certification page. I filled it out as instructed on the forms. Please advise me of my options for proceeding.
  12. I did not make an error. I sent it certified to them and have the stamped "Certification of Service" from the court. This is why I don't understand why they are saying I didn't send the "Certification."
  13. Should I file a letter that is answering thier answer?
  14. Recieved a letter today from the attorney with a counter to my Opposition. They claim I did not certify my answer (I'm looking at the stamped certification from the court) and that since I never outright denied anything, the MSJ should stand. ANY HELP with advice here would be appreciated. Thanks. LA