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:Need Help: Just been Summoned(complaint filed) by Pressler & Pressler

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Just got a letter from court labeled: Special Civil Part Summons and return of service

they filed the summons with Superior Court of NJ Law Division Hudson Special Civil

Saying Midland Funding LLC is now the owner of my Capitol One account, account number: XXXXXXXXXXXXXXX which is now in default. That I owe them $3,206 plus interest from 1-31-08 to 2-2-2012 in the amount of $355.90 for a total of $3,561.99.

It says I can do one of 3 things:

1) answer the complaint

2) resolve the dispute (call and do payment plan)

3) Get a lawyer

I do not know what to do? I do not remember having an account with Capitol One ever. I have been reading on peoples stories, some horrific and some successful. I need help in every shape, form or creed in beating these people. Where do I start? What forms should I get? I work full time and go to school full time and need assistance please.

Edited by famedash

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Just got a letter from court labeled: Special Civil Part Summons and return of service

they filed the summons with Superior Court of NJ Law Division Hudson Special Civil

Saying Midland Funding LLC is now the owner of my Capitol One account, account number: XXXXXXXXXXXXXXX which is now in default. That I owe them $3,206 plus interest from 1-31-08 to 2-2-2012 in the amount of $355.90 for a total of $3,561.99.

It says I can do one of 3 things:

1) answer the complaint

2) resolve the dispute (call and do payment plan)

3) Get a lawyer

I do not know what to do? I do not remember having an account with Capitol One ever. I have been reading on peoples stories, some horrific and some successful. I need help in every shape, form or creed in beating these people. Where do I start? What forms should I get? I work full time and go to school full time and need assistance please.

Pressler & Pressler's a busy little bee. It would help if you would post the complaint (absent identifying information) and copy and answer the questions in the link:

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

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Pressler & Pressler's a busy little bee. It would help if you would post the complaint (absent identifying information) and copy and answer the questions in the link:

1. Who is the named plaintiff in the suit? Midland Funding LLC

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

3. How much are you being sued for? total amount: 3,705.23

4. Who is the original creditor? Capitol One Loan

5. How do you know you are being sued? Received Summons/Complaint

6. How were you served? mail

7. Was the service legal as required by your state? I do not know, as it was mailed to me, not served by anyone in person

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not remember taking this loan or a loan at all, as I would need proof since I can not remember this at all

9. What state and county do you live in? NJ, USA

10. When is the last time you paid on this account? it just says from 1-31-08

11. What is the SOL on the debt?7 years

12. What is the status of your case? Suit served? Motions filed? A summons/complaint has been filed against me

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This was my first time receiving something from Midland LLC, they called before but wanted my SS# before identifying themselves

14. Did you request debt validation before the suit was filed? No, but I wish I had

15. How long do you have to respond to the suit?35 days from 2-7-12 to answer the complaint. They are claiming: 1: "Midland Funding is now the owner of the defendant(s) Capital One Bank account number: XXXXXXXXXXX which is now in default. There is due the plaintiff from the defendant(s) MY NAME account # XXXXXXXXX the sum of $3,206.09 plus interest from 1-31-08 to 2-2-12 in the amount of $355.90 for a total of $3561.99.

I did not recieve an interrogatory with this summons, only a sheet of what choices of what to do (initially posted in OP) and a sheet on adjournment procedures

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? They did not attach anything along with the complaint. The only pages I received were: (1) special civil part summons and return of service page 2, (1) summons/complaint page, (2 in english and spanish) Summons, you can do one or more of the following things, and finally (1) Trial Adjournment Procedure page

Hopefully this info will better assist in someone helping me fight back

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any feed back on how to proceed? Do I have to post more to get some assistance? Can anyone help me to find where do I get these forms to respond in NJ (Hudson County)

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You need to study your court's Rules of Civil Procedure. They will give you the specifics in answering the Complaint. If it's like my state, you have to admit or deny each allegation. Be sure and file your answer within the allotted time.

It might help if you post each allegation they claimed in the Complaint.

Then, go to the following thread and research the links in the thread. They're from an attorney in your state. His documents provide valuable information on defeating a JDB in New Jersey.

http://www.creditinfocenter.com/forums/there-lawyer-house/309969-p-p-defeated-defendants-motion-summary-judgment.html#post1145442

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I posted the package numerous times, it is on line at the NJ court website. The SOL for Cap 1 is 3 years or yours, whichever is longer, and you can argue this. Look up the statute of limitations for credit cards in NJ. It is 6 years.

Statutes of limitation for credit card debt collection, all 50 states

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You need to study your court's Rules of Civil Procedure. They will give you the specifics in answering the Complaint. If it's like my state, you have to admit or deny each allegation. Be sure and file your answer within the allotted time.

It might help if you post each allegation they claimed in the Complaint.

Then, go to the following thread and research the links in the thread. They're from an attorney in your state. His documents provide valuable information on defeating a JDB in New Jersey.

Yes I have (35) days from the day I have been served which is 2-7-12 to answer.

The only listed complaint in the summons is:

1. It is now the owner of the defendants CAPITAL ONE BANK, NA account number XXXXXXXXX which is now in default. There is due the plaintiff from the defendants MY NAME account # XXXXXXXXXXX the sum of $3,206.90 plus interest from 01/31/08 to 2/2/12 in the amount of $355.90 for a total of $3,561.99

WHEREFORE, plaintiff demands judgment for the sum of $3,561.99 plus accruing interest to the date of judgment plus costs.

I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action.

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(B).

Signed: P&P Lawyer

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I posted the package numerous times, it is on line at the NJ court website. The SOL for Cap 1 is 3 years or yours, whichever is longer, and you can argue this. Look up the statute of limitations for credit cards in NJ. It is 6 years.

Yes I looked up the SOL for NJ, but since they are claiming the time 1-31-08 to 2-2-12 would still be entitled within the SOL for NJ, no?

I have already downloaded the pdf file to Answer the summons, but I was looking for other forms that I would need to help propel my case. I wanted to have these forms already printed out and ready to be filled in as I am a fulltime worker, full time student, and a new father to a 7 month old. I know there is a lot of research that has to be done on my part, but I just need a little help thats all. I have been lurking through other peoples cases on here and have been taking notes but I just havent seen where people were getting their forms from or if they were just typing it up themselves.

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If it were me, I'd simply state:

Denied

or

Defendant has insufficient information to admit or deny and, therefore, must deny. Plaintiff has failed to provide documentation supporting the allegation.

Take your pick.

Read your RCPs regarding whether or not you have to include an affidavit denying the debt. They'll also provide information on the discovery process.

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If it were me, I'd simply state:

Denied

or

Defendant has insufficient information to admit or deny and, therefore, must deny. Plaintiff has failed to provide documentation supporting the allegation.

Take your pick.

Read your RCPs regarding whether or not you have to include an affidavit denying the debt. They'll also provide information on the discovery process.

What or were are RCPs? Sorry I am not too familiar with the legal jargon, I have been following quite along pretty well with other abbreviations, but RCP no too much.

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What or were are RCPs? Sorry I am not too familiar with the legal jargon, I have been following quite along pretty well with other abbreviations, but RCP no too much.

No problem. RCPS - Rules of Civil Procedure

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No problem. RCPS - Rules of Civil Procedure

do you mean this?

judiciary.state.nj.us/rules/part4toc.htm

or would it be

judiciary.state.nj.us/rules/r5-5.htm

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

sorry I cant post links using the URL to click

Edited by famedash

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Here's your direct link:

judiciary.state.nj.us/rules/r4-46.htm

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

it states:

4:46-5. Affidavits

(a) Specific Facts Required of Adverse Party Unless Affidavits Are Unavailable. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleading, but must respond by affidavits meeting the requirements of R. 1:6-6 or as otherwise provided in this rule and by R. 4:46-2(B), setting forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered unless it appears from the affidavits submitted, for reasons therein stated, that the party was unable to present by affidavit facts essential to justify opposition, in which case the court may deny the motion, may order a continuance to permit additional affidavits to be obtained, depositions to be taken or discovery to be had, or may make such other order as may be appropriate.

(B) Affidavits Made in Bad Faith. If the court is satisfied, at any time, that any of the affidavits submitted pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the affidavits, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.

I am having trouble comprehending all the fat of words they are speaking here, so does this mean that if I deny then I will also have to submit a signed and notarized Affidavit claiming that I deny their complaint against me?

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I'm going option # 1 with a denial and that should buy you a few months to get up to speed on how easy it easy to beat Midland. They are pretty much the punching bag for posters on this board.

They will flood you with fancy sounding affidavits and fancy titles of their employees. However, at the end of the day it's all hearsay garbage.

I've seen several posters over the past few months not even know where the courthouse was located, spend some time here, put in the work and just beat the dog crap out of Midland.

Here is a good thread to read on affidavits.

http://www.creditinfocenter.com/forums/there-lawyer-house/311735-jdb-affidavit.html

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it states:

I am having trouble comprehending all the fat of words they are speaking here, so does this mean that if I deny then I will also have to submit a signed and notarized Affidavit claiming that I deny their complaint against me?

Forget comprehending it, just make sure you properly dispute an affidavit. The only time an affidavit is of any use is when it goes unchallenged. A litigant that lets an affidavit go unchallenged is usually called the losing litigant at the end of the case.

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The document that has always worked for me is the affidavit of denial of debt. This document will protect you from summary judgment because it makes the JDB prove the debt itself.

It goes as it follows:

" I deny that this is my debt and if it is my debt, I deny that is still a valid debt and if it is a valid debt, i deny the amount sued for is the correct amount"

You can find templates on the net. Make sure is notarized and attach it to your answer to the complaint.

Also read the posts about affirmative defenses and how to answer your complaint in a simple manner.

I am also fightin pressler so if you need any help you can contact me although there is a few guys in this forum that know a lot and they can offer you a more sound advise

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Thanks for the info everyone, I will get to reading this weekend and if I have questions/problems or even concerns of my answer to the complaint, I will keep you guys up to date.

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any feed back on how to proceed? Do I have to post more to get some assistance? Can anyone help me to find where do I get these forms to respond in NJ (Hudson County)

Famedash, it's not so much a "form" as it is a "format" - although NJ refers to a form on this site: http://www.judiciary.state.nj.us/prose/10542.pdf

I admit I used a version of this when I fought my 1st case, but you'll look much more "in the know" if you just create the proper format in Word. Just copy the format of one of the answers on the link to Philip Stern's site.

You're gonna need the setup again anyhow because you will be filing other stuff. It will save you time down the road. Think of it as creating your letterhead. You wouldn't want to re-type your letterhead format every time you typed a letter.

NJ does not require an affidavit in your answer. You simply sign and date the "certification."

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There is a form in NJ for answering a complaint. Search my posts, I put it up several times. Make sure you tell us what court you are in, Superior or Special Civil. They have different rules.

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