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Sued by Junk Debt Buyer


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I wanted to revise and remake my topic, to make it less search able by my opposition.

Basically I'm being sued by Pa1i5ad3s ( the numbers are to make it less searchable by my opponent ) in NJ,

Plaintiff's statement.

1. Plantiff and/or assignor defendant entered into agreement

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

3. There is due and owing from defendants to the plantiff, the amount of 7XXX, Plus the interest of 3XXX plus attorney fees of XXXX, totaling XXXXX.

Wherefore, Plantiff demends judgement against the defendant for XXXXX plus interest to date of the judgement, plus costs.

I neglected to send a DV in the worry that they might twist information against me. I got my court summons on the 3rd. I'll take all the help and resources I can get.

I plan to answer the complaint with...

1. In response to all claims, Defendant is without knowledge or information sufficient to form a belief - further, plaintiff claims facts that are not in evidence. Therefore each statement is denied.

2.I deny on the basis (Law Office name) has not proven that xxx is the real party in interest.further, plaintiff claims facts that are not in evidence.

3.I Deny, the Defendant is without knowledge or information sufficient to form a belief - additonally the Defendant alleges that Plaintiff is not entitled to reimbursement of attorneys' fees because there is no law that allows them.

4. (Law Office name) has not proven that they are authorized and licensed to collect claims for others in the State of New Jersey

5. Defendant reserves the right to plead other affirmative defenses that may become relative to the case.

6.Defendant reserves the right to submit counterclaims

Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not.

Does that sound right? I basically monkey wrenched some answers I found on this forum already. Should I save the SOL and other defenses until they are somehow able to prove I do indeed owe them? What exactly do they need to prove their case?

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Should I save the SOL and other defenses until they are somehow able to prove I do indeed owe them? What exactly do they need to prove their case?

I almost all cases if you do not assert it upfront you have lost the right to use it. About the only time you would be able to add a defense is when it is discovered during the discovery process and was not previously known.

SOL makes the case die a quick death and should be used right out the gate.

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I almost all cases if you do not assert it upfront you have lost the right to use it. About the only time you would be able to add a defense is when it is discovered during the discovery process and was not previously known.

SOL makes the case die a quick death and should be used right out the gate.

Say for instance...If I'm in NJ currently is there anyway to have it fall under SOL VA where it was originally signed? Or NH where the original credit was issued? Both have a favorable SOL date but not in NJ where I currently live, also the alleged original card would have theoretically defaulted back in 2003-2004, that's when the SOL starts correct? I don't believe it's known when the SOL is, unless the JDB provides the original contract, to link me to this alleged debt, I'm not even sure what the SOL state would be.

Wouldn't using SOL without knowing if it's accurate put me in danger of admitting to this debt?

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