frfpatty

Sued by Pressler&Pressler. New Jersey. Please help

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Hi, I am being sued by Pressler. After reading several posts, I would like to get the help and opinions of the forum members. Any thought and advise will be highly appreciated.

Let me start from the beginning. I received collection letter from CA.I disputed and requested verification of debt within 30 days. After a few days the CA sent me a few credit card statements, including the last one where it shows the charge off amount. This documents were obtained from the OC.

After a few weeks, I received summons from the court (special Civil Part). By the way, the debt is less that $ 1000 out close to it.

The complaint read as follows:

Plaintiff is now the owner of the defendant's account # XXXXXXXX wich is now in default. There is due to the plaintiff from the defendant the sum of $xxx plus interest from date to date for a total of $XXXX.

Wherefore, plaintiff demands judgment for the sum $ xxxx plus accruing interest and costs.

No other documents were attached to the complaint.

I answered the complaint within the time frame allowed by the court. My answer was the following:

1.- defendants denies the allegation as defendant is without knowledge to form an opinion to thr truth an accuracy of the alleged obligation and there is no agreement between the plaintiff and defendant.

Also I raised affirmative defenses.

1.- plaintiff fails to allege valid assignment and the details of such assignment, if it exists at all.

2.- plaintiff fails to aalege that the assignor has knowledge and transferd all the rights to the plaintiff

3.- defendant reserve the right to plead other affirmative defenses.

I sent them my answer along with a request to produce documents.

All i got was the same cc statements and an excuse based on a court rule that you can only ask 5 questions on a discovery document. I was not asking questions, I was requesting documents from them.

After a few days, I got interrogatories and nothing else.

The rogs go as follows:

1.-Set forth with specificity all facts in support of each defense and/or claim wich the defendant has in the above-entitled matter incliding dates, places, names and addresses of persons present or involved in any actions or conversations.

2.-Attach copies of all writings, documents or any other record wich relate to said account or in any way support any defenses or claims, including but not limited to correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account.

3.-Attach any documentation evedencing defendat's mailing address between xxxx and xxxx wich should include bills, drivers license etc. if said documents are not in defendants possesion list all the addresses that the defendant received mail during such period.

After a week, I received 2 letters from them requesting me to call them to discuss a friendly settlement and the other to discuss my answers to the complaint.

So, this is where I am right now. I would, highly, appreciate the help and opinions of everybody in answering these rogs and preparing the case.

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This is a junk debt buyer? Politely tell them to drop dead, you aren't discussing anything, you're fighting this. Here is a suggestion for their ROGs:

1.-Set forth with specificity all facts in support of each defense and/or claim wich the defendant has in the above-entitled matter incliding dates, places, names and addresses of persons present or involved in any actions or conversations.

OBJECTION Overly broad, burdensome, vague, and premature. Defendant has not asserted any valid affirmative defenses. Defendant cannot formulate a response to "persons present or involved in any actions or conversations" as it is ill defined and generally lacks any specificity.

2.-Attach copies of all writings, documents or any other record wich relate to said account or in any way support any defenses or claims, including but not limited to correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account.

Defendant attaches nothing. The referenced documents remain the burden of the plaintiff to produce, as they are required to prove plaintiff's case.

3.-Attach any documentation evedencing defendant's mailing address between xxxx and xxxx wich should include bills, drivers license etc. if said documents are not in defendants possesion list all the addresses that the defendant received mail during such period.

OBJECTION Defendant's personal bills and driver's license are irrelevant to the instant action and are confidential. Certainly the plaintiff knows the defendant's address through its business records.

I would suggest not sending any more discovery. They had their shot, they failed to produce anything, which is good. You don't WANT them to produce this stuff, so stop asking. For this kind of money, you'll probably see them throw in the towel quickly when they see you want to fight.

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Thanks guys for answering. The JDB is Midland. Pressler is the largest lawyer collection firm in NJ.

Regarding rogs. They did produce a few cc statements but no chain of assignment. Should I worry about this statements at the time of trial. If they show the judge these statements how do i aproach that problem.

Also, I was thinking of asking them for proof of bonding in the state. A JDB must be bonded with the state and, of course, the chain of assignment. Any thoughts on this.

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Thanks guys for answering. The JDB is Midland. Pressler is the largest lawyer collection firm in NJ.

Regarding rogs. They did produce a few cc statements but no chain of assignment. Should I worry about this statements at the time of trial. If they show the judge these statements how do i aproach that problem.

Also, I was thinking of asking them for proof of bonding in the state. A JDB must be bonded with the state and, of course, the chain of assignment. Any thoughts on this.

A few credit card statements proves nothing except that you may have had an account with the original creditor. Print your own stating you owe nothing, they'll be just as good as theirs. What Midland has to prove is that they own the account and can legally collect on it. Based on what they sent you, they could have picked your name out of the phone book. I wouldn't worry about bonding / licensing, this is a law suit, not a collections action. They are stupid, but not THAT stupid. I wouldn't worry about a trial, either. It will cost them more than they could ever hope to get.

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How about a few requests for admissions. Like, Is midland bonded in the state, that they can't produce the chain of assignment, that there is no agreement between the plaintiff and defendant.

Thanks for the help.

Forget bonding, it's a waste of effort. They aren't acting as debt collectors. Admissions do not work well, production of documents is where you get them. You can see many examples of what to ask for in the forum.

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I am ready to send pressler some discovery documents. Here is what i will ask:

1.Identify the person or persons answering these interrogatories. Include their business address, business phone number and titlr within the plaintiff's organization

2.Please provide the following information for each person known to the plaintiff who has knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in this action, giving a brief description thereof, for each person you may call as a witness in this case.

a. name, address and phone number

b.place of employment

c.relation to the plaintiff

d.the subject and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness.

3.Attorney. Describe all collection activities, regarding the alleged account, which you were authorized to perform for midland, and identify the terms of the agreement between midland and you pursuant to which you sought to collect this account.

I can ask 2 more questions. Any suggestions?

Thanks for all the advise and help.

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When you send discovery, do so with purpose. What do you want to know from the plaintiff? What information do you think they have/don't have that is important to you.

About the only thing you're going to get from the ones you've listed so far is an idea of whom to send Notice of Depostion. Are you going to conduct depositions?

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I am ready to send pressler some discovery documents. Here is what i will ask:

1.Identify the person or persons answering these interrogatories. Include their business address, business phone number and titlr within the plaintiff's organization

2.Please provide the following information for each person known to the plaintiff who has knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in this action, giving a brief description thereof, for each person you may call as a witness in this case.

a. name, address and phone number

b.place of employment

c.relation to the plaintiff

d.the subject and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness.

3.Attorney. Describe all collection activities, regarding the alleged account, which you were authorized to perform for midland, and identify the terms of the agreement between midland and you pursuant to which you sought to collect this account.

I can ask 2 more questions. Any suggestions?

Thanks for all the advise and help.

Your requests are more along the lines of Interrogatories. You're requesting names and descriptions. They're not a request for specific documents. A Request for Production of Documents is more like:

Provide a copy of the Bill of Sale evidencing the purchase of the alleged account.

That statement requests a copy of a specific document.

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Nascar is correct. As I told you, ROGs in a CC case are a waste of time. Ask them to produce the valid assigment documents that prove they own the account. You can also ask for the original application, cardholder agreement, charge slips, and a complete history of the account from day one. They won't have any of it. You don't need anything else. No valid assignment under your state laws equals case dismissed. I posted a bunch of links to NJ rules, some of these things are done by forms available on line.

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I just did a Google search for this same exact topic! I am also from NJ and currently being sued by Pressler & Pressler for a sum totaling less than $1500. I am considering defending myself, is my Answer to the complaint where I should request for proof of ownership of debt?

Also any other tips would be greatly appreciated!

Thanks in advance!

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I just did a Google search for this same exact topic! I am also from NJ and currently being sued by Pressler & Pressler for a sum totaling less than $1500. I am considering defending myself, is my Answer to the complaint where I should request for proof of ownership of debt?

Also any other tips would be greatly appreciated!

Thanks in advance!

You don't ask for proof in your Answer. Your Answer is strictly for responding to the allegations and providing affirmative defenses.

It would help if you would start your own thread, so we don't get posters confused. Also, answer the questions in this link:

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

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I just did a Google search for this same exact topic! I am also from NJ and currently being sued by Pressler & Pressler for a sum totaling less than $1500. I am considering defending myself, is my Answer to the complaint where I should request for proof of ownership of debt?

Also any other tips would be greatly appreciated!

Thanks in advance!

Start your own thread and post the complaint. Take out your name and change the amount slightly.

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As an update on my case, I can tell that I am going through the discovery process right now. I answer my rogs and send them my own rogs. I have not received any answer or documentation from the plaintiff. I received supplemental rogs from them. i have some questions regarding the discovery process.

what is the time frame for discovery in nj?

I checked the rules and all I can find is rule 4:17-2 that says the each party has 40 days to serve inititial interrogatories.

They mention Rule 4:17-1b(2) as an exception. I've read that rule and to my understanding it does not apply to credit card collections. Can anybody corroborate that?

So to my understanding the time frame is 40 days.

The other question i have is regarding supplemental interrogatories in nj. To my understanding you need permission from the court to ask supplemental rogs. Am I right or wrong?

I am greatfull for all the help and the knowledge shared.

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The 40 days means you have 40 days to send them after you answer the complaint. Response time is 60 days. I don't see any limit, altho they are usually a complete waste of time in a credit card case. What you want is production of documents, and hope they don't have any. That kills their standing to sue and leads to a dismissal.

4-17-4(B)

(B) Service of Answers; Time; Enlargement of Time. Except as otherwise provided by R. 4:17-1(B)(2), the party served with interrogatories shall serve answers thereto upon the party propounding them within 60 days after being served with the interrogatories. For good cause shown the court may enlarge or shorten such time upon motion on notice made within the 60-day period. Consent orders enlarging the time are prohibited.

(1) Limitations on Interrogatories. In all actions seeking recovery for property damage to automobiles and in all personal injury cases other than wrongful death, toxic torts, cases involving issues of professional malpractice other than medical malpractice, and those products liability cases either involving pharmaceuticals or giving rise to a toxic tort claim, the parties shall be limited to the interrogatories prescribed by Forms A, B and C of Appendix II, as appropriate, provided, however, that each party may propound ten supplemental questions, without subparts, without leave of court. Any additional interrogatories shall be permitted only by the court in its discretion on motion.

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Sure, PM me if you like. I think you're making it more complicated than you need to. The plaintiff is the aggressor, let them set the pace. Just watch the time line. If they take too long, pounce on them. As I read the statutes, supplemental ROGs only apply to personal injury type cases, malpractice, car accidents. Those cases use form ROGs. This does not apply here.

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I am going through the same process as you and I am so scared that I am ready to call them and settle.

According to pressler I owe midland some 1900 plus interest and attorney fees on old cc..

I failed to validate debt so the sued me.

I answered with a general denial and an affirmnative action that the debt is more than what is owed..

they sent me the same interrogatories as above which I haven't replied to yet but I plan to use same answers as above beacuse I am clueless how to proceed.

I can't hire an attorney for obvius reasons and I am affraid I'll loose my case and end paying more if I don't settle now.

My court date is at the end of january.

Any advise is welcomed!PLEASE

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First of all, start your own thread. Some of these threads are months old and nobody looks at them, new ones get more attention. How did you answer? There is a form for NJ, you can't just type something up. Search my posts, I posted a link to it several times. You need to post the complaint here (type it) and how you answered. If you did not use the form, you made a procedural error. This is no big deal, you can fix it by submitting the proper form. The problem comes when you fail to answer at all, that's what they hope for. Midland is easily beatable, especially for this kind of money. Fight them and they'll probably just give up, it doesn't pay for them to rack up 5,000 in attorney fees for a 1900 case. It's a numbers game with them. We need to know who the original creditor is, too. The last thing you should do is settle with Midland or any junk debt buyer. They probably paid 150 for your account. Think they want to spend thousands trying to collect?

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OK LeagleEagle call me stupid but I can not figure out how to start a new thread on this website.

So here is my case with midland:

1. Apparently they sent me verification of debt which I failed to respond to I honestly never came accross it in the mail.

2.Their rep called me who knows how many times on my cell but when i answered she told me she was calling from pressler and she wanted to speak to me. So i said I am the preson she is looking for. She wanted me to verify my ssn so I said what for and she said she can't discuss the matter further unless I verufy my social. so I said no way ...Whatever you have send it in writing.

Then they send me a letter demanding the alleged debt or verification of debt letter and after a short while They sued me for roughly 1900

I sent them request for proof of debt twice but they told me they I had my chances with the verification of debt letter and now they aren't legaly required to provide me with any. As a courtesy however they provided me with original credit name, balance,when it was opened and when was last paid.

I answered the lawsuit with the following: Defendant disagrees with all paragraphs of the plaintiffs complaint defendat enters a general denial and in the alternative an affirmative action that the debt being claimed is more than what's owed.

then they sent interrogatories to which I replied within 30 days I think I was 1day late but mailed it anyways:

I objected everything and didn't provide any proof or my personal info.I have nothing to give them and they know my address.

Then they sent a letter saying that they want this matter adjourned by reason of outstanding discovery. they say discovery was served in dec and they calculate discovery end date March,2012.

I have no idea what this means.

Trial is scheduled for end of january.

I am ready to send them production of documents requests:

Here it is I found this form on this website.

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION

PASSAIC Special Civil Part

MIDLAND FUNDING LLC, Docket No DC-xxxx

Plaintiff,

vs. CIVIL ACTION

PRODUCTION

OF DOCUMENTS

xxxxxxxxx Dated: 1/10/2012

Defendant(s).

REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF

COMES NOW DEFENDANT, xxxxxxx, and requests Plaintiff, Midland Funding LLC produce, for inspection and copying of the same, all the documents and materials described below which are in Plaintiff’s possession, custody, and/or control to:

ME

Plaintiff is requested to serve a written response, under oath, to this Demand within 30 days of service.

DEFINITIONS

The following definitions are to be used in responding to the following interrogatories.

A. “Plaintiff,” means Midland Funding LLC, or any agent, employee, officer, director, or any other person acting on its behalf.

B. “Defendant,” means, xxxxxxx, an individual.

C. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports.

D. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant.

DOCUMENTS TO BE PRODUCED

1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement between Plaintiff and Defendant, including letters and correspondence.

2. The alleged credit application bearing the defendant’s signature;

3. The alleged credit agreement that states interest rate, grace period, terms of repayment, et cetera;

4. Itemized statements that demonstrate how the alleged amount owed was calculated;

5. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt;

6. Letter(s) sent to defendant by Midland Funding, LLC, demonstrating an attempt to collect on the alleged debt;

7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt;

9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;

10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s);

11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;

13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts in relation to defendant.

CERTIFICATION OF SERVICE

A copy of the foregoing was mailed by certified and first class mail this 01/10/2010, to:

Pressler and Pressler, LLP

______________________________

defendant

Any advise will be helpful. THANK YOU!

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