Does anyone know the law in NJ for production of documents?

[K-FE]

Hi

I have posted before and really need some help with some questions relevant to being sued in the state of NJ

I sent New Century Financial Services (Pressler and Pressler) interrogatories and request for documents. They responded with the following:

Plaintiff acknowledges receipt of Defendant's notice to produce and request for admissions dated January 20,2011 with regard to the above captioned matter. However, Plaintiff objects to the same pursuant to R. 6:4-3(f) as such, your requests will not be fulfilled. Plaintiff is also in receipt of Defendants interrogatories as these are conforming, they will be answered within the time period prescribed by court rule.

when i looked up this rule, this is what is says:

(e) [(f)] Actions Cognizable in Small Claims Section, Discovery. Any action cognizable but not pending in the Small Claims Section of the Special Civil Part shall proceed without discovery, except that each party may serve interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

So does this mean I dont get to request documents and evidence or proof of this alleged debt?

I would like to file for a motion to dismiss for failure to state a claim since they have yet to produce any type of statements or proof. All they have supplied is a bill of sale (which doesnt even have my name or account # on it or anything). Seems like they are just trying to establish that they bought debts from HSBC.

I really dont know what to do at this point. Trial date is scheduled for April 25th. I have no proof from them and they answered interrogatories very vaguely. In one of their answers this is what they wrote:

Interrogatory 4:

What credit card purchases and/or cash advances were made on this account? When were they made?

Their Response:" Objection. This interrogatory is improper as it is overly broad and unduly burdensome. Subject to and without waiver, any purchases and or cash advances would be reflected in the monthly billing statements sent to defendant during the active life of the account. Monthly billing statements would be in posession of the original creditor HSBC credit card and or the defendant as the recipient of same.

So did they just admit that they dont have any proof when they said: "Monthly billing statements would be in posession of the original creditor HSBC credit card and or the defendant as the recipient of same."?

Just need to know what my reasons are for when I file the motion to dismiss.

I hope someone can please help as I am up to ears in research and trying to figure out what to do.

Thanks much!!

[admin]

Basically, production of documents is not allowed in small claims. Is this you?

[K-FE]

Yes thats me!! In small claims court in Bergen County NJ. So how does Plaintiff prove its case? Do they just bring it to trial? How am I supposed to prepare if I dont know what they will be using as proof or evidence??

Now im even more worried!!!

[late2theparty]

K-FE

If you're in small claims, they're quoting the wrong rules...

The rule you quoted applies only to Special Civil cases.

Special Civil handles higher $ amounts than small claims, I think up to $10K.

Most of what you'll want is in Part 4 of the rules, but also know your rules of evidence. I can't post the links bcs I don't have enough posts...

I wouldn't tell them what their mistake is, you just need to send them a letter notifying them that they have 10 days to produce discovery or you'll file a motion to compel. The rules say you have to give notice before filing that motion. Even if you get a motion to compel, they have more time. It's all good though! You're making them work. The fact that they haven't cited the right rules means they're not really paying attention. That should work in your favor before this thing is done.

Good luck

[K-FE]

thank you so much for response/help late2theparty. I had sent them a notice on 2/22/2011 (not a motion but just a certified letter that I sent) stating the following:

Defendant is in receipt of Plaintiff's responses to Interrogatories dated 2/14/2011 and states that the reponses were non-responsive and requests that additional information be provided immediately. Defendant is not at this time in receipt of any documents or evidence admissable at trial that proves defendant owes the alleged debt or said amount in claim. Failure to provide complete answers to interrogatories will result in a motion being made to dismiss the complaint.

Is that sufficient enough? I know I didn;t state spefically like they did what exactly was "un-responsive" and I also didn't file a motion, just sent the letter certified mail. Is that enough for me to move forward with filing a motion to dismiss or do I have to go back and resubmitt this the proper way? Do you think the court would be lenient since I am pro-se??

Thanks again!!!