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1. Who is the named plaintiff in the suit?

GE Retail Bank

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

Eichenbaum

3. How much are you being sued for?

$4000

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

GE Retail Bank

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

Received Summons

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

Certified Mail

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

Yes

Process Service Requirements by State - Summons Complaint

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

Sent one letter and many recorded phone calls

9. What state and county do you live in?

Passiac County, New Jersey

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

Less than one year ago

11. What is the SOL on the debt?

I think 6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

no

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

NO

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I have about a week left. There was no interrogatory. Charges as follows:

1. Indebted for purchase of good and or services made with a revolving account

2. There is now due and owing the sum of $4,000 including all charges together

3. Demand for payment has been made, but has gone without heed.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Nothing

Edited by leeannthehorse
Slow on the uptake
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Contacted a lawyer and have not signed on yet. Thinking about handling myself to save the $.

Think I have a good case though, becasue they have been lying and I have been recording our conversations. Strange how when you disclose this to them, the people on the phone change attitudes quite quickly.

Anyway, I spoke with the OC and they SOLD the debt. Eichenbaum keeps claiming to only be "representatives for a client." I asked to speak with the attorney who issued the summons and was denied repeatedly. They still won't accept, or "submit to the client" as they call it, my offer becuase they say it is too low. I explained that I spoke with the OC and they really don't care. I know it is more than the OC would have accepted and that seems fair to me.

Since they were calling daily even after I made the initial offer, I asked to have them stop calling now.

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Don't I have the right to speak with the attorney?

Short answer is no. You don't even have the right to speak to them in court when you are arguing, you only speak to the judge. Of course a good attorney will extend you some courtesy, but these are not good attorneys.

I know it is more than the OC would have accepted and that seems fair to me.

Forget this, the OC is out of the picture. You beat these people by making them spend more than they can collect. Grind them into poverty with every allowable thing you can do. You're in special civil, so they won't make the investment. Did you contact Philip Stern? He's the best in NJ.

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Is anyone available to help with my answer. I must have it in by Monday or so and I am very overwhelmed.

I agree with Legal. They provided no documentation for you to look at. All they did was to state allegations. You had an account, and you owe us. They haven't even shown they have the right person. If it were me, I'd simply deny.

After you prepare your Answer, start reading your court's Rules of Civil Procedure regarding discovery. If you're in special civil, be sure the rules you read are for that court. Also, study Philip Stern's files. They're very informative.

Index of /files

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You don't send your discovery to the court, only the plaintiffs attorneys. How did you answer the summons? What is your defense? Are you denying the debt? Or just the amount? Which direction you want to go will help in preparing your discovery...

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Send them these, interrogatories are basically useless in a credit card case, these cases are won or lost with documentation. Let's see what they have, then you decide what to do next. If you are in special civil, be advised the time to respond is shorter, stay on top of them and keep the pressure on. They have hundreds of cases to follow, you have only one.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

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You don't send your discovery to the court, only the plaintiffs attorneys. How did you answer the summons? What is your defense? Are you denying the debt? Or just the amount? Which direction you want to go will help in preparing your discovery...

I denied everything. I basically said I could not confirm it was mine becuase there was no evidence. This is true. I never sent a DV letter and they only sent one letter and then I got a two page summons.

My question is, I just send this list proveded by Leagle and then they are compelled to answer? None of this has to go through the court itself? Or is this my motion for discovery. The paperwork from the court looked confusing.

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Sent out my demand for documentation certified return reciept today. Came home to TWO sets of interrogatories with 20 questions attached. It was stamped (not signed) by the attorney and sent regualr mail. I am seeking help in answering and have been searching through the boards to see what others have done successfully. Any advice off the bat or will I be spending my afternoon tomorrow retyping 20 questions in legalese?

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Is it too late for me to elect arbitration via JAMS? I found the agreement and JAMS is in it.

It all depends on the judge now. You will have to file a motion to compel private contractual arbitration with the court and hope he allows it. He should, but there is no guarantee he will grant it. Make sure you word it that way because the courts have their own ARB forums and you don't want that...

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Below is a summary of the questions they have sent. Some of these don’t even make sense to me, such as number 4. This is the first set of questions they have sent. They have been making “courtesy calls” in which they offer payment plans. I have yet to receive ANY documents from them. Theoretically, if the OC still owned the account, wouldn’t E&S be able to provide all of the required documents. In addition, this is the same firm that represented the company that lost in Appeals last year for failing to provide any documentation. Doesn’t this set up case law that would require them to provide all of the documents they did not in that case? FYI, I am referring to LVNV FUNDING, L.L.C.,v.MARY B. COLVELL. Thank you for your help. Losing much sleep here.

1. Names of people with knowledge of transaction and defenses which are subject to the suit

2. Names and addresses of expert witnesses, nature of expertise, copies of reports, and detail the nature of such report if oral.

3. What, if any correspondence or communication did Defendant have with Plaintiff concerning the transaction involved in the lawsuit. If communication was written, annex copies of correspondence. If oral, provide dates and descriptions of the nature and substance of communications.

4. What, if any response did Defendant receive from Plaintiff with respect to previous Interrogatory.

5. Attach copy of written agreements or contracts to which Defendant were a party with respect to transactions involved in this lawsuit.

6. Set forth whether Defendant ever applied for, received, used and/or received the benefit of STORE account.

7. Attach copies of account records

8. Provided names of employees of Defendant

9. If Defendant claims credits not credited, include proof

10. If Defendant claims defective goods, provide proof

11. Set forth all factual contentions upon which Defendant shall rely in defense of this matter

12. Does the Defendant content billing errors?

13. If yes, itemize errors

14. Has the Defendant communicated errors in writing to Plaintiff?

15. Provide each and every address at with Defendant has resided in the past five years

16. Specify whether Defendant received billing statements at provided addresses

17. Set forth actions taken with respect to billing errors

18. What, if any agreements were made by Defendant with Plaintiff to resolve issue through payment plan?

19. Does defendant claim any charges were unauthorized?

20. Attach copies of any and all documents upon which defendant will rely in support of defense.

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This is standard stuff, a prolix amalgamation of evidence they would wish you to provide so as to effect a defeat for yourself. This is akin to asking the condemned man to provide the rope for the hanging. Do it not.

You can file a general objection to this. Assuming this debt is for 3,000 or more, in Special Civil, otherwise they get no discovery and no response is required. Answer in this fashion and let them object.

For her response, the defendant in the above titled action states the following: To requests numbered 1-20,a general objection is hereby claimed as stated: The requests are convoluted, compounded, argumentative, beyond the scope of allowable discovery, burdensome, irrelevant, vague, undefined, and not likely to lead to the production of admissible evidence. Notwithstanding, the defendant additionally states that he / she, after a diligent search, does not have the documents requested. The documents requested are assumedly equally available to the plaintiff. The defendant does not plan to call witnesses at this time. Defendant's address is well known to plaintiff.

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