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I just got my certified letter today (finally) and it contains the same info that i received in regular mail. To my knowledge, i thought they had to send any info or evidence they had on the case with the summons. Here is the break down below.

1. Who is suing you?

xxxxxxxxxxxxxxxxxxxxxx.

and attorney xxxxxxxxxxx

2. For how much?

$15,000

3. Who is the original creditor?

Bank of America

4. How do you know you are being sued?

Served

5. How were you served? Were you served?

By regular mail and sent by certified mail

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

none yet

7. Where do you live?

New Jersey

8. When is the last time you paid on this account?

Some time in 2002(didn't get my credit report/ can someone help where i can get it??)

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Do not know just yet...need to look further into how to do this.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

no (what steps do i take)???

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

not yet (why shouldn't i do this now? This is actually the first time I was contacted)

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Yes within 35 days a written response

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

none of the above....nothing sent and in my certified mail, was just the same info I got by regular mail....

14. What is the SOL on the debt? To find out:

6 years i think....

It's coming down to the last couple of weeks so i need to respond soon please help with any information......

thank you very greatly

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Hi there!

If allowed in NJ, I would request an extension to file your answer. This will give you time to do some research or find a lawyer to help you.

There's a good book that you might find useful. It's probably at your local library:

Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom (11 th edition) -- published by NOLO

This book was invaluable to me, and I never would have won my case without it. It has some helpful chapters on writing your answer and some sample documents. Try to do some research on affirmative defenses -- these are defenses you will have to assert in your answer to give your answer credibility and to avoid a summary judgment (that is when the plaintiff -- the person suing you -- goes to court to tell the court that you have no defense and to rule against you). If you don't assert them in your answer, you can't assert them at trial. It's "use 'em or lose 'em". Be careful to assert only defenses that you can apply to your case, otherwise the judge might be upset if you assert every possible defense.

I think that a good strategy to fighting CA is to make them work hard to win their case. After you finally send in your answer, bombard them with relevant discovery requests by asking them to produce specific documents (like contract of ownership for your debt, ownership trail of the debt -- who did they buy it from, proper accounting of monies owed, copies of your credit report, etc). Also serve them with interrogatories -- ask them when you made your last payment, who they bought the debt from, when they bought it -- lots of questions you can ask. Make sure your last question of any interrogatories that you send is always "Who was enlisted to help in writing the responses to these interrogatories: list names, titles, affiliation/association and phone numbers where applicable" -- this way they will be compelled to tell you who helped answer the question, and these are potential witnesses you can later call if you case goes to trial.

If an affidavit was submitted with the complaint, that's usually good fodder for questions. In one of my cases, I asked a lot of questions about the deponent (the person who made all the statements in the affidavit) - their education, how long they have been with the company, were they still employed, etc. In my case, I believed that the person named in the affidavit was made up, and it worked to my advantage to pick them apart.

The more of a pain in the butt you can be the more chance that they will give up. That strategy worked in one of my cases.

Good luck.

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Hi there!

If allowed in NJ, I would request an extension to file your answer. This will give you time to do some research or find a lawyer to help you.

There's a good book that you might find useful. It's probably at your local library:

Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom (11 th edition) -- published by NOLO

This book was invaluable to me, and I never would have won my case without it. It has some helpful chapters on writing your answer and some sample documents. Try to do some research on affirmative defenses -- these are defenses you will have to assert in your answer to give your answer credibility and to avoid a summary judgment (that is when the plaintiff -- the person suing you -- goes to court to tell the court that you have no defense and to rule against you). If you don't assert them in your answer, you can't assert them at trial. It's "use 'em or lose 'em". Be careful to assert only defenses that you can apply to your case, otherwise the judge might be upset if you assert every possible defense.

I think that a good strategy to fighting CA is to make them work hard to win their case. After you finally send in your answer, bombard them with relevant discovery requests by asking them to produce specific documents (like contract of ownership for your debt, ownership trail of the debt -- who did they buy it from, proper accounting of monies owed, copies of your credit report, etc). Also serve them with interrogatories -- ask them when you made your last payment, who they bought the debt from, when they bought it -- lots of questions you can ask. Make sure your last question of any interrogatories that you send is always "Who was enlisted to help in writing the responses to these interrogatories: list names, titles, affiliation/association and phone numbers where applicable" -- this way they will be compelled to tell you who helped answer the question, and these are potential witnesses you can later call if you case goes to trial.

If an affidavit was submitted with the complaint, that's usually good fodder for questions. In one of my cases, I asked a lot of questions about the deponent (the person who made all the statements in the affidavit) - their education, how long they have been with the company, were they still employed, etc. In my case, I believed that the person named in the affidavit was made up, and it worked to my advantage to pick them apart.

The more of a pain in the butt you can be the more chance that they will give up. That strategy worked in one of my cases.

Good luck.

How do i file an extention? What do i need to do?

Thank you sooooo much for your help. I am in the process of writing back to them because the 35 day reply is expiring on Thursday. Not sure what I should write exactly....any further help would be great. I am new to this sorry. Thanks for all of your help.

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Your response shouldn't be written to them. It needs to be made to the court. Read the posts "If you're suing or being sued read this." They will give you ideas for your response. The court clerk should be able to tell you the form to use or it may be available online. You have to respond in the time allowed or they will get a default judgement.

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As far as I know, when you respond to a complaint, you have to file it with the clerk of the court and then send a copy to the plaintiff (person suing you). I believe that this is standard practice around the country. Failure to do both means that you never filed your answer, even if the court does have a copy.

As for the extension, call the clerk of the court where you live and ask what the procedure is. In North Carolina, there are very few forms to use so it involves having to make your own motion. Not sure about your state -- calling the Clerk to ask is your best bet. You'll probably have to file a "Motion for an Extension to Answer or Plead" with the court. In NC, these are usually granted automatically per local rules, but you also have to send a copy of your motion to the plaintiff. In your state, there may be a form you can print out. Again, the Clerk will have the answer. Chances are, they are probably granted easily in your state too. Check with the Clerk and find out what you have to do. As the deadline is nearing, you'll probably have to go down in person to file the form. Find out too if you have to serve a copy of the plaintiff (this would involve mailing a copy to the lawyer hired by the CA).

Good luck.

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You mentioned in your OP that the last time you made a payment on this account was back in 2002, and also that you live in NJ. Forgive me if I am wrong, but isn't the SOL in NJ only 4 years? If so, that may be your affirmative defense.

So does that mean that when i Reply back that is my defense and it gets dropped? Or what happens from then?

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Read this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

Affirmative Defenses

These can be included in your motions, but again, you need to read your state's rules of civil procedures to see if this is proper. It should be included IN ADDITION to written answers you will provide to interrogatories (questions directed at you by the people filing the suit and which related to your personal information and the lawsuit itself.) .

As and for a Second Defense

Defendant alleges that this action is time-barred under §<insert the law which states SOL> of the laws of <name of your state>.

The "second defense" listed among the many listed on that sticky may be the only one you need to get this case dismissed, assuming it is indeed past the SOL. Have you been living in NJ the whole time you've had this account, or have you moved at all?

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This case will not get dropped until it is properly adjudicated. There are numerous steps in the trial process the first being response to the summons. After responding in some states you are required to enter arbitration. Others don't have an ADR requirement. The second phase is usually the discovery process. Once you respond to the summons people on this board can help you thru the rest of the process.

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This case will not get dropped until it is properly adjudicated. There are numerous steps in the trial process the first being response to the summons. After responding in some states you are required to enter arbitration. Others don't have an ADR requirement. The second phase is usually the discovery process. Once you respond to the summons people on this board can help you thru the rest of the process.

In NC, you can engage in discovery while you wait for arbitration to be assigned. In NC, arbitration is assigned 60 days after the last motion is filed with the court, although mine took place 4 months after due to scheduling problems. Don't wait for arbitration to do your discovery, unless your state prohibits it. The early you request documents and statements, the greater chance you can use them against the other side in your arbitration.

Also, discovery is not usually filed with the court. You simply exchange requests with the parties of record and only show them to the court if the other side refuses to comply.

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Read this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

Affirmative Defenses

These can be included in your motions, but again, you need to read your state's rules of civil procedures to see if this is proper. It should be included IN ADDITION to written answers you will provide to interrogatories (questions directed at you by the people filing the suit and which related to your personal information and the lawsuit itself.) .

As and for a Second Defense

Defendant alleges that this action is time-barred under §<insert the law which states SOL> of the laws of <name of your state>.

The "second defense" listed among the many listed on that sticky may be the only one you need to get this case dismissed, assuming it is indeed past the SOL. Have you been living in NJ the whole time you've had this account, or have you moved at all?

I have lived in NJ the whole time. Never moved outside of the state but moved to a different city still in the county.

I thank you for this help. I have until May 1 to answer. SO i need to type it up this weekend. I just don't know how to word it properly. First time i don't want to mess it up. LoL Thanks for your help. any more info is greatly appreciated.

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