gretchenNJ

What to expect in court. Being sued by Pressler and Pressler in Mercer County NJ

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Hello,

Does anyone have any experience in going to Special Civil Part in Mercer County, NJ? I have a court date in 2 weeks, and I have read some pretty discouraging stuff on the internet that the judge I have been assigned typically sides with the Plaintiff and a credit card statement print out is enough to prove their case. Please help!

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Who is suing? Original creditor or a junk debt buyer like Midland? That will determine your defense. We need to know how old the account is and when it went into default, the name of the original creditor. You know, Chase, Citibank, etc. After that we can give you some pointers.

Edited by legaleagle
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Who is suing

Midland Funding LLC (represented by Pressler & Pressler)

Age of account

Opened in 2002. Last payment in March of 2006

Original Creditor

Dell Financial Services

Items Requested in Discovery

Credit Application

Credit Card Holder Agreement

Receipts for Purchases

Day one History of account

Documents that State the Choice of law Provision

Response so far has been a printout of all transactions and payments on account from inception to charge-off.

Thank you for your help!

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I had my court date last week, and I am updating this thread for those searching for what to expect:

So, I WON and have a dismissal with prejudice, so I can't even begin to write just how glad I am...couple of things about my experience:

A) It goes without saying that make sure you respond to all correspondence and file all answers in a timely manner

B) Stick to stating the facts, that's how I won my case, no need for a lot of verbage and legal mumbo jumbo

C) I was so pleasantly surprised with my whole experience. Most people don't know what to expect in court, and are nervous and expect the worst. First, the judge was very nice (contrary to what I had read about him, take everything you read online with a grain of salt, even this post) and he explained the process, and he wasn't intimidating at all. Second, the lawyer from the JDB was really nice too. I know this won't be the case with all people, but he was very courteous, and he listened to my case, he proposed a settlement, when I said I did not agree and explained why (SOL, lack of documents provided by Plaintiff) he proposed a second settlement. And when I explained again that I did not think that was correct either, he said that then they would not pursue it further and I got my dismissal. It was all done so pleasantly, I swear, we could have been talking about the weather.

D) Less is more. I let the Plaintiff lawyer do all the talking, I didn't admit anything, I simply stated that I needed the documents before I could agree to anything, documents that they didn't have. Again, I know this won't work for everyone, but my strategy was a calm, polite, and quiet demeanor and it won. I saw a belligerent defendant not get what they wanted, and I was lucky enough that I did.

AA

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