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  1. Am new to this site, apology in advance if I am not initially following the "norm", am a quick learner. Have reviewed many threads for dealing with Portfolio Recovery with Forster garbus and garbus, regarding JDB tactics. Received complaint from Portfolio last month. Following many on this site, I responded to the complaint with denials as PRA has provided nothing to substantiate debt nor agreement with debtor. Court date is schedule in October 2016. This week received request for admissions as well as First Set of Interroggatories. Not surprisingly, many of the lines used are repeated in other states threads on this site which implies this is still in semi automated phase. Little background: Amount JDB looking to collect 750.00 State filed NJ Special Civil Part Complaint filed/ Response filed in time at courthouse with copies certified to PRA Initial assessment of both requests is leading and trick questions I should be VERY cautious to respond. Looked into Jams as option based on threads by Bruno the JDB Killer but it appears the credit card agmt with US Bank allows for arbitration but only if the amount exceeds the limits of small claims courts. In this case, it does not, so am I correct in assuming I will have to continue with this current charade until our October court date? Am I understanding the arbitration agreement correctly? See link below: https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_05_USBHEALTHCARE.pdf?locatio Assuming I cannot elect JAMS at cost of $250 verified in JAMS consult today, can someone offer example responses to these BS interrogatories and admissions after the complaint response I sent clearly stated there is nothing to substantiate any claims (PRA provided nothing in original complaint) Here are some of the questions that seem perplexing to me: State the address (es) at which the defendant resided in the last 10 years? (what's with this? address is the same for last 20, but why are they asking and am I ok to state same as addressed on complaint?!) Does the defendant acknowledge that defendant entered into an agreement with Portfolio recovery Assoc, LLC assignee of US bank National ASssoc? (NO!! I will not acknowledge as burden if proof is on them! So is there a basic denial or objection I can use? Did defendant at anytime receive any written communications from Portfolio Recovery Assoc LLC assignee for US Bank National Assoc? (yes, they have sent recurring notices that I owe this debt but I ignored as I did not recognize. Note: I did not ask for validation in time. So do I say yes I got your robo form notice with little data? the only other written communication was the initial complaint with the courts! If the response to Rog 5 is yes, identify the written communication recieved and produce true copies. (the true copy of the initial complaint is all I have outside of this latest bs) Did defendant ever receive monthly payments from portfolio recovery ..... (Outside of a the vague robo produced debt collection notice I got nothing) if answer is yes>>>>>> Did the defendant ever make any payment to portfolio recovery....? (no none ever made because I didn't know wth this debt was for) ADMISSIONS ARE AS FOLLOWS: You applied for credit privileges or took money advances under a credit card or line of credit or promissory note loan with portfolio recovery a$$ llc assignee of US Bank National Assoc. (Why would I answer this when my complaint clearly stated they provided nothing to substantiate this debt? Its like they are just trying to infuriate me with bs questions they know THEY have to answer!) You were extended monies under portfolio recovery.,.... (no I was not ever) You are person authorized by made purchases and or received cash advances or took money advances under a credit card or line of credit or promissory note with portfolio recovery.... (where is the proof assholes?) You received monthly statements concerning portfolio recovery assoc......specifying previous balance new purchases payments finance charges minimum payments new balance or line of credit promissory note. (NEVER) You promised to repay for the monies extended by portfolio recovery assoc.....(I never met, spoke, signed, called, paid portfolio anything!!) You did not contest the amounts reflected on the monthly statements within 60 days as provided by law. (Am lost on this one. WHo are they referring to?) This sum alleged to be due and owing on portfolio recpvery....in this complaint is accurate. (I have NO idea of accuracy) This balance due as set forth in the last monthly statement sent by portfolio recovery a$$...before referral to collection in the amount of 750 is in fact due and owing. (are you kidding me?) Last, because the amount is so small, I understand interrogs in special civil are limited to only 5 questions....this I assume is once we get to court proceedings? I did not file a motion to dismiss for lack of standing, any recommendations at this stage? Do I file for interrogatories and use exactly what they sent me? Do I send admissions same time as they did me and what might I want them to admit outside of being aggressive AHs. Do I send a request for documents? and are any of the above to be filed with the courts prior to the court date? as I see it they do not, and exchanges will go back and forth for the next 2 months until the court date or one does not respond in timely fashion. trying to stay cool, but after taking days to get the response to the original complaint together and then getting over the anger of knowing how much time I have to spend with this when they bear the weight of proof, well, its a headache for sure. Bruno if you're out there, I'd love to hear from you. anyone else with similar experience, I look to your advice. I have to respond to these in less than 14 days, all responses will be appreciated!
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