Howto respond to complaint (Being Sued in NJ)

[Neophyte]

I am a NJ resident, in late Nov I was issued a civil action against myself for the amount totaling just under $1,500.

I am going to defend myself in this matter.

My question what should I be writing in my "Answer" to the complaint?

1. Who is the named plaintiff in the suit?

Pressler & Pressler

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Pressler & Pressler

3. How much are you being sued for?

$1,500

4. Who is the original creditor? (if not the Plaintiff)

CITIBANK

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

Mail (Certified)

7. Was the service legal as required by your state?

Not Sure

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

None

9. What state and county do you live in?

NJ

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

07-08 time frame

[legaleagle]

http://www.judiciary.state.nj.us/prose/10554_ans_cmplt.pdf

Here's the kit. Fill it out and submit it to the court within the proper time frame. Send a copy to opposing counsel. You may want to file an appearance form with the court. That tells them you are defending yourself. Here's that one:

http://www.nj.gov/oag/dcr/downloads/notice_of_appearance%20form.pdf

[Neophyte]

Is this when I ask for proof?

Proof that the amount demanded in the lawsuit is correct.

Proof that the debt is Defendant's

Proof that the plaintiff has the right to sue you.

[workingpoor]

Is this when I ask for proof?

Proof that the amount demanded in the lawsuit is correct.

Proof that the debt is Defendant's

Proof that the plaintiff has the right to sue you.

Nope, that's discovery, that comes after you submit your answer to the court. My suggestion is send your discovery out right after they receive your answer. Discovery goes to the Plaintiffs lawyers only, not to the court and in Jersey you can only ask 5 questions, so make 'em count...

[Neophyte]

Is there an official format/template for a discovery?

I understand that I can ask 5 questions, but is there a specific way I must do this? Or would a simple letter suffice?

[legaleagle]

I would suggest a request for production of documents, (Rule 4.18) forget interrogatories and admissions, they don't accomplish much in these cases. P&P cannot be the lawyer and the plaintiff. I assume Citi is suing you? Oh, goody. My favorite lender. Here's a sample posted by someone else; you should be able to use this, just change the names etc.

http://www.creditinfocenter.com/forums/there-lawyer-house/293324-my-request-production-documents.html

Ask for:

The application bearing defendant's signature

Charge slips bearing defendant's signature

The cardholder agreement bearing defendant's signature

Documents which state the choice of law provision

A complete day one history of the account which established the balance sought in the complaint

You won't get much in the way of a response, probably a few statements and a bunch of BS about why they don't have any of this. Keep posting.

[Neophyte]

Update:

They (They Debt Collection Co.) have mailed me a set of questions do I have to answer them?

[legaleagle]

Yes. Post them here and we'll help you answer. Also, are you in Superior Court or Special Civil? They have different rules. This sounds too small for Superior. This is critical, you have to tell us.

[Neophyte]

I am in Superior, the questions are as follows:

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

2. Attach copies of all writings, documents, or any other records which 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 evidencing defendant's mailing address(es) between 07/24/09 to 12/06/09, which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s)/ mortgage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.

Also as part of my response to the original summons, I sent a list of affirmative defenses do they have to respond to those?

[legaleagle]

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

OBJECTION The overly broad, compounded nature and lack of specificity makes the request impossible to respond to.

2. Attach copies of all writings, documents, or any other records which 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 has no such documents at this time, but reserves the right to submit at a later time per the rules of discovery.

3. Attach any documentation evidencing defendant's mailing address(es) between 07/24/09 to 12/06/09, which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s)/ mortgage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.

OBJECTION Immaterial and irrelevant to the instant action. Defendant's adress is certainly known to the Plaintiff. Deeds, mortgages, and licenses have no bearing on the case at hand.

Also as part of my response to the original summons, I sent a list of affirmative defenses do they have to respond to those?

No, but they can move to have them stricken. The bad part of defenses is that you have to argue them in court and prove them. Can you do this?

[Neophyte]

No, but they can move to have them stricken. The bad part of defenses is that you have to argue them in court and prove them. Can you do this?

Not sure, is it not their responsibility to prove that I am liable? "Innocent til proven guilty"

Appreciate the help.

[BV80]

No, but they can move to have them stricken. The bad part of defenses is that you have to argue them in court and prove them. Can you do this?

Not sure, is it not their responsibility to prove that I am liable? "Innocent til proven guilty"

Appreciate the help.

In civil cases, it's the "preponderance of the evidence". In other words, if their evidence is better than your defense, they win.

You stated the that P & P is the lawyer and the Plaintiff?

[legaleagle]

Affirmative defenses work like this: I the defendant, hereby assert this defense. This defense will completely vitiate (destroy) the plaintiff's claim, even if every word of that complaint is true. Classic examples are statute of limitations or lack of standing to sue. These are legal points of law that defeat any claim. Do you have any? Stuff you found on the internet does not work. You have to argue your defenses in front of a judge. Can you do it based upon the law? This is where defenses work against you. Opposing consel will pounce on these. JDB lawyers are not that good, but even if they graduated last in their class, they have an advantage over you if you never studied law. It's like the best hitter on a high school team going up against the worst pitcher the Yankees have. Who comes out on top?

[Neophyte]

*UPDATE*

Midland Funding LLC is suing me, Pressler & Pressler is the law firm.

After responding to the Interrogatories, I have since been written:

"Please be advised that your answers to Interrogatories 1 & 3 are not responsive. More responsive answers are hereby requested."

"Specifically, Interrogatories 1 ask that you set forth your defense/dispute regarding the underlying credit card account. You object to this interrogatory stating it is "overly broad, compounded in nature and lack of specificity makes the request impossible to respond to." However, this interrogatory as you to specify as the underlying nature of your dispute of debt and thus it is not overly broad, compounded in nature and does not lack of specificity. By filing an Answer to the Complaint you indicated that you take a position/dispute regarding your liability for the underlying Credit Card account. Please explain the facts that support any specific dispute or defense that you intend to raise at the time of trial regarding why you do not believe you are responsible for the balance due on the account."

"Interrogatory 3 ask that you list any/all addresses at which you resided between the dates of 07/24/05-12/06/09 and provide documentation supporting the same. You object to this interrogatory stating it is irrelevant to the instant action. However, knowing at what address you resided and received mail during the active life of the subject account is directly relevant to determining your association with, and responsibility for, the subject account. Plaintiff seeks to compare your addresses to the addresses on file for the subject account on file while it was active."

HELP!

[Coltfan1972]

There right about number 3, in my opinion. When asked that of me, I just gave them what they wanted. They are just trying to establish you were where they allegedly mailed statements. So what, does not prove they have standing and does not prove you received the statements.

If you listed any affirmative defenses (bad, bad idea if you did) they are right about 1. If not give some run around general denial that at the end of the days tells them nothing. Just think junior high getting caught doing something and the b.s. you would come up with.

[BV80]

If this is the lawsuit in which your affirmative defenses were:

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.

Those defenses weren't really valid affirmative defenses, but you implied they had lack of standing. I might respond by stating:

Affirmative Defense #1 - Plaintiff has failed to prove ownership of the alleged account.

Affirmative Defense #2 - Plaintiff has failed to prove _____(name of OC) assigned and/or sold the alleged account to Plaintiff.

Simple and to the point.

Edited February 10, 2012 by BV80

[Coltfan1972]

Simple and to the point.

Whatever you tell them, do this ^^

[legaleagle]

The problem you have is that you asserted lack of standing as a special defense.

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

I don't like number 3, never did. This is a fishing expedition designed to prove account stated. Let them prove it, not you. Just my humble opinion.

Now you have to prove these defenses with facts. It's a little weak to say that they didn't provide proof of assignment. Better to leave the proof up to them, as Coltfan always says.

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

I stand with my suggested objection. Standing to sue is a matter of documents, not what you may have said to Aunt Tillie. Who would have conversations etc that had any bearing on this case? Strictly hearsay. This is a boilerplate catch-all request that nobody could be expected to respond to. The response could have been worded better, but you are throwing proof of standing back to them in your response.