NJdefendant

SUED by Midland Funding(Pressler & Pressler)in NJ

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1. Apparently they sent me verification of debt which I failed to respond to.

I honestly never came accross to it in the mail.

2.Their representative called me who knows how many times on my cell but when I answered she told me she was calling from Pressler and Pressler and she wanted to speak to me. So I said I am that preson. She wanted me to verify my SSN. I said what for and she said she can't discuss the matter further unless I verify my SSN.(Is this legal???) I said no way ...Whatever you have send it in writing.

3. They send me a letter demanding the alleged debt or verification of debt letter and after a short while they sued me for roughly 2k

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

5. I answered the lawsuit with a denial

6. Then they sent interrogatories to which I replied

I objected everything!

Edited by NJdefendant
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You have 60 days to answer discovery in NJ. Yes, it is legal for them to collect if they an prove they own it. The OC charged it off, that's an accounting term. Midland bought it from them. You have to attack ownership, they rarely will pay for the paperwork to prove they own these accounts.

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I won against Midland here in California, so I don't think I can help you in NJ. I just wanted to let you know I did go to trial & won with prejudice. They are beatable.

Thank you for the encouragement!

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Thank you for the encouragement!

Pressler are very aggressive I am affraid I'll trip and fall.

No you will do just fine. I went up against 2 of the biggest JDB atty's in CA & beat them both with prejudice. You can do this. I just don't know if what worked for me here in CA would work for you in NJ. Laws are different.

Don't give up. I lost sleep & weight, what I didn't lose is a total of $9000.00 these 2 JDB's wanted out of me. Keep coming here & you can do it! :mrgreen:

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Yes I won my second case on lack of standing.
I heard some people were crying because attorney were very aggresive :oops: ...Thank you!

can you help me with the deffense?do I have to prepare anything? like questions to ask them in court? or are THEY going to grill me? I'll be sworn in I can't lie in court!

how about the interrogatories?they sent it again as first time I was non responsive? can anyone help me with that?

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You have 60 days to answer discovery in NJ. Yes, it is legal for them to collect if they an prove they own it. The OC charged it off, that's an accounting term. Midland bought it from them. You have to attack ownership, they rarely will pay for the paperwork to prove they own these accounts.

legaleagle is it allright if I pm you?

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NJDefendant

I know that it is probably silly question, but when you responded to interrogatories/admissions, did you retype all the questions and answers? And what paper did you sign with the response? I'm working on sending mine in now.

My court date got moved to a month later too, I got a notice in the mail. When are you going to court?

Thanks

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NJDefendant

I know that it is probably silly question, but when you responded to interrogatories/admissions, did you retype all the questions and answers? And what paper did you sign with the response? I'm working on sending mine in now.

My court date got moved to a month later too, I got a notice in the mail. When are you going to court?

Thanks

I hand wrote it in the space provided and just signed the second page and mailed it certified. Good luck!

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the debt being claimed is more than what's owed

This is a mistake, you have essentially admitted to owing the debt after making a general denial. Also, it's affirmative defense, not affirmative action.

What do I do now? I got this answer from one of those online service providers justanswer.com or something ...I should have know better!

My reasoning behind it was I know they have bought my original debt but that's not what I owe the jdb because they didn't pay that much...Is it too late to do something about it now???

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My reasoning behind it was I know they have bought my original debt but that's not what I owe the jdb because they didn't pay that much

This is flawed reasoning based upon the failed defense of accord and satisfaction, injury to one's self, etc. It has no validity. It matters not what they paid for your account, they are legally entitled to collect the full amount. If they can. Your job is to convince the court that they cannot.

Check your rules, see if you can file an amended answer. It should be close to the section I sent you in PM. Look under pleadings, time, etc. Usually you can file an amended answer within a certain timeframe without permission. Maybe they did buy your debt, but can they prove it? Probably not. In most cases they don't have to because nobody fights. It isn't in their business model to fight, just intimidate and hope the other guy doesn't show up in court.

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My reasoning behind it was I know they have bought my original debt but that's not what I owe the jdb because they didn't pay that much

This is flawed reasoning based upon the failed defense of accord and satisfaction, injury to one's self, etc. It has no validity. It matters not what they paid for your account, they are legally entitled to collect the full amount. If they can. Your job is to convince the court that they cannot.

Check your rules, see if you can file an amended answer. It should be close to the section I sent you in PM. Look under pleadings, time, etc. Usually you can file an amended answer within a certain timeframe without permission. Maybe they did buy your debt, but can they prove it? Probably not. In most cases they don't have to because nobody fights. It isn't in their business model to fight, just intimidate and hope the other guy doesn't show up in court.

ok thank you

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