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Everything posted by leeannthehorse

  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
  15. I am hoping to file a motion to dismiss with prejudice becuase of thier falure to comply with the rule 4:18. Any tips on how to do this? I read the instructions, but they look confusing. The form looks really involved. My court case is scheduled to take place in 10 days and time is of the essence here. Thanks!
  16. Bruno, I really don't know. This is the OC, not JDB and I was served at the end of June with a late September court date. The lawyers didn't even contact me (and by contact I mean leave automated messages) until mid to late May. This all happened really fast. I realize it is a desperate attempt, but I am just that: desperate! Honestly, I had been able to scrounge up almost half the amount they sued for and they claim the client feels that's not enough. I think this firm has some shady dealings happening becuse I know GE Retail is more than happy to settle at a fraction of the amount owed. All I can go on is that another member here asked for the arbitration and it was granted. Maybe the judge just wants to clear the day? Maybe I'll be that lucky.
  17. Bruno, Thanks for the response. I had to mail it off yesterday, but will write up the motion tonight and send it out tomorrow with the fee. I didn't use the Covell case yet and feel that in addition to the rule violation, they failed to meet the standard set by that case. Should they provide all the documents, I might make an immediate motion for arbitration via JAMs. Will keep everyone updated. LA
  18. OK, so I HAD to finish this today to be mailed tomorrow and argues the following as my opposition to the MSJ: First, in the paperwork of the MSJ they refer to the alleged account as an Old Navy Revolving CC and then have the one page printout of an Old Navy Visa card. This is a discrepancy. Second, they failed to answer the Demand for Production of Docs (I oncluded the crtified mail info). Thrid, the only other evidence is an affidavit from Georgia. I argue it is hearsay (and it is not completely filled in). PLEASE feel free to leave comments. I think I should file this and then elect arbitration. The OC still owns this, but they can't access it. Also, my case is remarkably similar to another in NJ from last year filed bythe same attorney office. Don't think it went well for them
  19. Essentially, I denied everything and keep claiming that they have not sent me documentation proving it is my debt.
  20. I have, but even if I argued for oral arguements, I would still have to answer citing case law, right? Also, I am dealing with the OC and not a JDB.
  21. Also, thier argument is that under Rule 4:46, their evidence consisting of an affidavit and one page print out are sufficeint. They cite Brill v. Guardian Life and Anderson v. Liberty Lobby
  22. Ok. Just to clarify, I have to file an opposition to MSJ by this Saturday (which means I need to write it tomorrow). The OC owns the account, but only the standard one page printout and affidavit from Georgia were included with the MSJ. My production of documents was not answered and no agreement, statements, payments, and so on, were provided. HOW DO I PROCEED? I plan on using Covell in my opposition answer as I requested these documents and they were not provided. I also plan on noting that they did not answer my production for documents. SHould I then motion for dismissal with prejudice or then file to arbitrate?
  23. Are there any samples of this. Nothing has come from them except the MSJ.
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