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Need help battling UNIFUND / PROVIDIAN


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I rceived a Summons from the Superior Court of NJ - Special Civil Part on 12th Sept 2005. I am being sued by Nudelman, Nudlman and Zeiring attorneys for Unifund, assignee of the OC Providian, who had TL on my CR for non-payment of 827.00 - DOLA =11/2001

Unifund also has a TL on my CR Balance amt – 983.00 - DOLA = 06/2002

Is the discrepancy of the amt. and DOLA a violation of the FCRA / FDCPA?

Unifund Complaint is as follows :

Plaintiff and Defendant entered into an agreement.

Defendant has defaulted in that payment has not been made in accordance with the term of the agreement.

There is now due and owing from Defendants to plaintiff the amount of 837.44 plus interest of 138.10 plus attorneys fees of 147.30 totalling 1.122.84.

WHEREFORE Plaintiff demands judgment against defendant for 1.122.44 plus interest to the date of judgment plus costs.

I filed a counterclaim on OCT 21, 2005 :

This is to state that I, Jmasky, the defendant in this suit have paid the credit card dues in full except for a fraudulent charge of $583.31, which was being investigated by plaintiff.

Plaintiff agreed that if there was no response within 90 days the amount would be a permanent credit.

Plaintiff responded after 142 days, and without proper investigation being done. Plaintiff apologized for the delay and further credited $50.00 as compensation.

Delay in Plaintiff’s response to disputed charge prevented me from taking further action against merchant who committed the fraud.

Plaintiff ignored repeated pleas for further investigation.

Plaintiff further reported matter to credit reporting agency causing major damage to my credit history, which has prevented me from gaining employment till date, causing severe hardship.

I, the defendant REQUEST this matter to be dismissed and judgment passed against plaintiff for the maximum dollar amount allowed by the court, plus costs, for the difficulty and hardship placed on me for the last 3 years.

Unifund responded with this answer to counterclaim :

Plaintiff denies the allegations raised by the Defendant in the Counterclaim.

WHEREFORE the plaintiff demands judgment dismissing the Counterclaim with prejudice, together with costs and attorney fees.

Attorney immediately called me wanting to dismiss the lawsuits. He also adjourned Trial Date (Nov 28th 2005) without informing me. I was surprised when on the scheduled Trial Date, my Docket No. was not called. On inquiry, I was informed of the new date – Dec 12th 2005. I immediately wrote a complaint to the Court Clerk.

Attorney kept calling to dismiss the suits. I told him that I would do so only if the TL was completely removed from my CR. He agreed and mailed me a Stipulation of Dismissal. I insisted on a Mutual Release being signed first (thanks - divemedic). He took his time signing and returning the Mutual Release. So I got the Trial Date further adjournet to Jan 23rd 2006, and sent him a list of Interrogatories on Dec 15th 2005.

Attorney eventually signed the Mutual Release but it looked suspicious (just a scrawl with no name printed) so instead of signing the Stipulation of Dismissal he had sent me, I made one on my own :

IT IS HEREBY stipulated and agreed by and between the parties in the above matter that the same be and is hereby dismissed with prejudice and without costs to either party with respect to Plaintiff’s cause of action and Defendant’s counterclaim, as stated in the fully executed Mutual Release dated 17th December 2005, a copy which is herby attached.

Ever since, there has been no correspondence between us, he has not returned the SFD nor answered my Interrogatories.

I am concerned that I did not file the Interrogatories in time, and this is why he has ignored the same, Can anybody familiar with NJ court rules advice?

Also, any advice on what I should do next? Can I get the court to force repy to Interrogatories? Do courts relax the rules given that I am a pro se litigant?

Also can Motion for something more specific than what I have asked in my counterclaim? Should I bring up the attempt of the attorney to con me into dropping the suit to the judge?

Any advice will be much appreciated.

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