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I have been sued in NJ bY JDB.I started the thread in wrong forum so couldn't get continuous response.here is my situation.I was served with summons by jdb attorneys.The name they use as original card issuer was unknown to me.I answer the complaint and denied the allegation stating i don't know this creditor.Now i have received a package from jdb containing interrogatories,admissions,request for documents.what is bothering me is in the admissions and interrogatories this time they have used a totally different creditor name nothing mentioned of the creditor from their initial complaint.I never have received any statements from this creditor and the credit card i have has different bank name but every where they have used the correct credit card #. now i am stuck how to answer this kind of interrogatories letter .

also this debt is from year 2008 and at that time when this jdb started reporting i had sent them Dv which they never answered.I had disputed this with CRAs and since then it shows disputed account.I can only find one dv letter and certified receipt.I also have one copy of trans union showing this account was disputed.So jdb is naming 2 creditor names and none is my creditor.Now i have to answer the package i have received.

Can I file a motion to suspend these interrogatories? 10 days have passed

and i have to send these back by 23rd.I search the boards nothing came up.

can some one guide me to the right direction?

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can some one guide me to the right direction?

Yes, you need to answer their requests. This is called discovery. It's where both parties attempt to "discover" the facts.

You need to answer the questions exactly as they are written. You don't need to read anything into the questions. Don't try to figure out what they mean. If they are referencing the wrong account, ect.. you deny. If you don't have records, state so.

Here is one that trips people up.

Admit you have no evidence showing the amount alleged in Plaintiff's lawsuit is not correct.

From what I see people like to go on for paragraphs, opening themselves to possible follow up and disclose way too much.

The answer is- Admitted. Why don't you? Because you have no idea about the account so you have no evidence at all that either supports or does not support what is alleged. You not having no evidence to prove them wrong? So what, they sued you. So I would watch out for those type of questions.

You will also serve them discovery. This is where you will learn who has or does not have standing. You will make them prove they are the ones that own the account and the account has a past due balace of whatever.

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Thanks for the quick reply.

so if they say do you admit having a credit card debt amount so and so from the creditor so and so with the credit card #-------. In this case half of the question is wrong.If i admit i admit all with the wrong creditor and if i deny i am denying the credit card account # too. so can i partially admit ? . all these paragraphs in the interrogatories and admission are circling around admit or deny.So if i admit i admitted wrong and if i deny i denied wrong.

some more light on this issue please.

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Thanks for the quick reply.

so if they say do you admit having a credit card debt amount so and so from the creditor so and so with the credit card #-------. In this case half of the question is wrong.If i admit i admit all with the wrong creditor and if i deny i am denying the credit card account # too. so can i partially admit ? . all these paragraphs in the interrogatories and admission are circling around admit or deny.So if i admit i admitted wrong and if i deny i denied wrong.

some more light on this issue please.

What you are really asking is can I deny without getting in trouble. I have to say If you are going to put admit for any one question you might as well sign a consent judgment. There are many ways to answer without admitting there are 50 or more threads about that.

What you want to know is how much trouble you will get in for denying the admissions. These were sent to you for the sole purpose of if you failed to answer they can get them deemed admitted and sanctions(that means extra money for them) if you didn't answer. If you deny it and they have no proof they will not bring these to court.

please read the threads for the answer to the discovery questions using the search function. Most are pretty straight forward.

Not being harsh just laying out the truth

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You need to learn NJ's rules of civil procedure. The rule that you specifically want for your question can be found here:

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

A list of all of the rules can be found here:

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

That's the rule book that you are playing by.

Now, to specifically address your question about them asking for something that is partially true, yes, you can admit in part and deny in part.

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Thanks for the quick reply.

so if they say do you admit having a credit card debt amount so and so from the creditor so and so with the credit card #-------. In this case half of the question is wrong.If i admit i admit all with the wrong creditor and if i deny i am denying the credit card account # too. so can i partially admit ? . all these paragraphs in the interrogatories and admission are circling around admit or deny.So if i admit i admitted wrong and if i deny i denied wrong.

some more light on this issue please.

In the law all words hold equal weight. So if the question is "admit having a credit card debt amount so and so from the creditor so and so with the credit card #-------" then if any piece of that compound statement is wrong you can truthfully deny it.

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  • 3 weeks later...

As advised and reading from the forum boards I responded to JDB Interrogatories,admissions and request for documents.I also send the request for documents and today i have received these

(1) A letter from JBD attorney stating that because of the time passed no contract is available.the documents attached clearly satisfy JBD case and advising me to contact their office immediately to make payment arrangements

(2) A press release document from HSBC site stating that in year 2005 HSBC has acquired the original creditor

(3) A bill of sale written on a plain paper by some vice president of HSBC mentioning exhibit A as bill of sale.On The exhibit A at on corner its shows my name address,card #and last 4 digits of my SSN.the rest of the paper is left ink black nothing showing on it.

(4) A certificate of assignment from a JDB personal stating that she is the authorized agent and poses as she has sufficient knowledge.(no notary)

(5) Business record affidavit: From the same JDB lady saying she is the custodian of records etc.

(6) Affidavit of account transfer from the same JDB lady stating that the account was transferred from parent JDB to NJ.

(7) A bank state ment: Only in this statement at one corner it show the name of the bank who issued me credit card Just the name .The rest is a summery of account with the heading of HSBC.I know they are lying this statement is a fine art of cut and paste but how do i prove it?

In the year 2008 I had sent by way of certified mail JDB /FDCPA and HSBC/FCRA to validate this debt they never answered .how can I use this FDCPA ?

As advised in forum board I only sent JDB request for production of documents and hold Interrogatories,and Admissions.Can I send them now?

I need some advice to the right direction and to file motion in the court. how can I object JDB documents?.

Its many questions i am asking but because of my work schedule i have very limited time to read the forum boards and keep up with court time and i also can not afford an attorney.

Edited by valorman
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(1) Well, if they can't show the terms of the agreement, they will have a hard time telling the court just what you breached. Are they asking for attorney's fees? If so, they can pound sand.

(2) Mmmmmkay, so HSBC bought some bank. Fine. Now, how can they even begin to testify that the records were transferred in that acquisition in a reliable fashion? And how did the record keeping practices differ in the before from the after? They're hosed on those.

(3) Is this person going to come in and testify? No. Can this person testify about the JDB's records? No. This affidavit is only good for an MSJ, which they'll probably throw your way. I would love to see a really nasty attorney cross examine one of these affidavit douches.

(4), (5) and (6) So? She works for JDB and they did some internal transfers or something of the sort.

(7) It's not your job to prove the statement is not authentic. It is their job to prove that it is. They will not be able to do this. It is not their business record, no matter how much they whine that it is. It's hearsay. They could have a truckload of statements like that one and they would all be hearsay.

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usagi555

you are right but my position here is i have to address this issue to the court.

what i am thinking to file is an

(1) objection on plaintiffs submission of documents

(2) interrogatories and admissions to this JDB person who submitted these documents

(3) to file a counter claim.

(4) dismissal of complaint with prejudice

I know they are not going to show at court to testify because they have no proof.My concern is if i fail to proceed properly with this case i will loose.I know they can not testify,they don't have agreement.The question is what i have to object and what to file in the court?.can some one please put some more light on it

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You need to tell us who the original creditor was, this is important. The state in which they were located could have a SOL that is expired. Naturally, the J DB does not want you to know this if true.

The card was issued by Direct merchants bank,and the J DB is located in Denver Colorado,account charge off date 4/30/2008.They are suing me in Nj

Colorado Statute of limitations

attempt, conspiracy, or solicitation to commit any forgery

no limit

attempt, conspiracy, or solicitation to commit kidnapping

no limit

Attempt, conspiracy, or solicitation to commit murder;

no limit

attempt, conspiracy, or solicitation to commit treason

no limit

defamation 1 year

domestic judgments 6 years, renewable each 6 years

foreign judgments 6 years, renewable each 6 years

forgery no limit

fraud 3 years

injury to personal property 3 years

kidnapping no limit

libel 1 year

medical malpractice 2 years from date of injury

minors begins on date of 18th birthday (excluding wrongful death cases)

misdemeanors 18 months

murder no limit

oral contracts 2 years

personal injury 2 years from date of injury

petty offenses 6 months

product liability 2 years

professional malpractice 2 years from date of injury

slander 1 year

treason no limit

uninsured motorist claims 3 years from date when action occurred

written contracts 3 years

wrongful death 2 years

Edited by valorman
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Who is Direct Merchants Bank? Where are they? Often local banks give you a credit card, but you'll find it was issued through Chase or Citi etc. This should be on monthly statements or the CC agreement.

The CC was issued by Direct Merchants bank.its been almost 6 years

i don't have any statements or the card itself.Production of documents Plaintiff

does not even send me any copy but just one statement which i believe is a fine art of cut and paste.The rest are the jdb affidavits and assignments naming Hsbc as the originator.They are also saying that HSBC bought the original creditor that's why they don't have the contract.

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  • 2 weeks later...

In the process of discovery I had sent JDB attorney,request for documents,interrogatories,and admissions,

I received one part of discover the documents, and i was waiting for the other part.Instead they send me a motion they have filed in the court for summery judgement. HOW DO I ACT ON THAT? can they file this motion before they even send me back the interrogatories,and admissions?.

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Read your RCPs regarding summary judgment. In my state, we have to file an Opposition to Plaintiff's Motion for Summary Judgment. If that's what your rules require, you can find samples on the internet. You'll address the reasons they believe they're entitled to summary judgment, and show why they're not entitled. It's a good idea to include case law to back up your arguments.

As 1stStep pointed out, since discovery isn't completed, include the discovery rule that addresses that issue.

You stated in post #7 that they have "(3) A bill of sale written on a plain paper by some vice president of HSBC mentioning exhibit A as bill of sale.On The exhibit A at on corner its shows my name address,card #and last 4 digits of my SSN.the rest of the paper is left ink black nothing showing on it."

Was that a bill of sale from HSBC to the JDB?

Edited by BV80
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You also stated they told you there is no contract. You will want to point out that Plaintiff is suing under breach of contract and is unable to produce said contract. As a matter of law they can not prevail without the contract.

When you object to an MSJ you want to attack their arguments in as many possible ways as you can. That way if one argument does not work, you have 5 or 6 more to get their MSJ thrown out.

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Read your RCPs regarding summary judgment. In my state, we have to file an Opposition to Plaintiff's Motion for Summary Judgment. If that's what your rules require, you can find samples on the internet. You'll address the reasons they believe they're entitled to summary judgment, and show why they're not entitled. It's a good idea to include case law to back up your arguments.

As 1stStep pointed out, since discovery isn't completed, include the discovery rule that addresses that issue.

You stated in post #7 that they have "(3) A bill of sale written on a plain paper by some vice president of HSBC mentioning exhibit A as bill of sale.On The exhibit A at on corner its shows my name address,card #and last 4 digits of my SSN.the rest of the paper is left ink black nothing showing on it."

Was that a bill of sale from HSBC to the JDB?

I have crafted all these facts as you mentioned on my motion to strike the summary judgement ,but i was unable to find case laws supporting the facts.

I wish I could have more time from my working schedule.I dont understand what that ink blacked paper is it does not have any other namer but just my name my phone number address and last four # of my ss#.Jdb said its Exhibit A bill of sale

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You also stated they told you there is no contract. You will want to point out that Plaintiff is suing under breach of contract and is unable to produce said contract. As a matter of law they can not prevail without the contract.

When you object to an MSJ you want to attack their arguments in as many possible ways as you can. That way if one argument does not work,you have 5 or 6 more to get their MSJ thrown out.

I did exactly as you said.I pointed out that in the request for production of documents Defendant requested strict proofs contract assignment bearing defendants signature and plaintiff has failed to establish such documents.Then i argued each and every document,pointing those are hearsay,fake,computer generated copies crafted by employees of plaintiff.no notary,no phone number,no address,no defendant name etc.also

I don't no how i had to address this issue to court.When i requested the document from jdb I was sent some documentation but when they file the motion for summary judgement they included few more (1) a statement from hsbc employee having knowledge about this account,the header say military service record but the document is phrased with the testimony of hsbc employee.Can Some one put a light on this please,and how do i have to object this? jdb is suppose to send me all the documents when i requested them

i dont think they can produce a surprise without sending it to me right?

Edited by valorman
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I have crafted all these facts as you mentioned on my motion to strike the summary judgement ,but i was unable to find case laws supporting the facts.

I wish I could have more time from my working schedule.I dont understand what that ink blacked paper is it does not have any other namer but just my name my phone number address and last four # of my ss#.Jdb said its Exhibit A bill of sale

Here's NJ case law regarding a valid assignment:

"In order to effect a valid assignment it is fundamental that there must be evidence of an intent to assign or transfer the specific thing or debt and the subject matter of the assignment must be described sufficiently to make it capable of being readily identified." Transcon Lines v. Lipo Chem., Inc., 474 A. 2d 1108 - NJ: Superior Court 1983

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