skotm

New Jersey, (midland) Pressler and Pressler VS me

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Hello all, I recieved a summons on 6-20 and have been reading up on how to handle this and was hoping for some reasurance and direction, I will start by filling out the questions below.

1. Who is the named plaintiff in the suit?

Midland Funding

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

Pressler and Pressler

3. How much are you being sued for?

2,500

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

On The paperwork it is CIT Bank, I know it is for XXX.

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

Served

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

Mail

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

Yes

Regular and Certified.

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

Some lady called 2 months back and was rude on the phone and condisending, I did not admit anything, said I needed to review the papers she was sending, she called back 7 days later I said I did not have a chance to review and she told me she was going to put on my credit that I was uncooporative, So I stopped talking to her and them.

9. What state and county do you live in?

Hunterdon 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)

January 2009

11. What is the SOL on the debt? To find out:

No, not for new jersey.

Statute of Limitations on Debts

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).

Just got the initial summons.. do I need to do this?

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, my fault for being frazzeld and anoyed.

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?

35 days, Id like ot file something by next week.

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

Nothing

(amounts are made up but close enough)

Here is the summons :

Pressler..

Parsippany, NJ 07054-5020

1-973-753-xxxx

attorney for Plaintiff

file #

MIDLAND FUNDING LLC

Plaintiff SUPERIOR COURT OF NEW JERSEY

Law Division is. HUNTERDON Civil Part Docket .....

Plaintiff having a principal place of business at: 8875 AERO DRIVE SUITE 200 SAN DIEGO, CA 92123 says:

1. It is now the owner of the defendant(s) CIT BANK. account number xxx which is now in default. There is due the plaintiff from the defendant(s) X the sum of $2,400 plus interest from 1-1-2009 to 6-1-2012 in the amount of $100 for a total of $2500

WHEREFORE, plaintiff demands judgment for the sum of $2,500 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).

PRESSLER and PRESSLER, LLP Attorneys for Plaintiff(s)

I need to send in my $15

I was thinking that I need to fill out form and answer that :

Check the appropriate statement or statements below which set forth why you claim you do not owe money to the plaintiff.

__(1) The good or services were not received.

__(2) The goods or services received were defective.

__(3) The bill has been paid.

__(4) I/We did not order the goods or services.

__(5) The dollar amount claimed by the plaintiff(s) is incorrect.

_x_(6) Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may

attach more sheets if you need to.)

Is this good enough? "Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations."

Then on a separate piece of papercan I put lack of standing as an affirmative defense. ?

I also have a form that to fill out that is for "permit discovery"

Would I send this in at the same time (certified with proof), and what exactly am i looking for in legal terms?

Bill of Sale? Credit card agreement...

This is all a bit confusing.

Thanks

Besides the guidance on the questions above, and some reading to do on my part (with what spare time!!!) Do you have any sugestions on how to expidite this and get it over with, basically to trip up midlands and not have to deal with this crap.

I figure that if I start with the advice and my own Due Dilligance I have less of a chance of admitting guilt or screwing up my case, as much as I hate thsi crap I find it fasinating, the only problem is it takes up time I would rahter focus on other activities and ventures. (like my mid year performance review at work!)

I have until 7-30 to file the paperwork (jsut called the court to verify the docket # and make sure its legit).

Edited by skotm
updated info

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BV80,

Thank you, I was checking that out today and have spent upwards of 20 hours on this sight and that.

My question about that link is, im looking at the under3k interrogatories.

Are these questions I ask after the discovery form is sent? Or can I send it with it?

To be honest im not to sure were to look on that link... Im just guessing at this point.

What I really am looking for right now is a direct way to say - show me proof without hurting myslef.

More important is what to do first, second third etc...

Ill continue with my research and homework and look over that sight in more detail instead of reading all the posts on this sight.

The more I read the more lost I feel!!

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You are in special civil, under three thousand. That means you can ask only five questions if you send interrogatories, but as I understand it production of documents and admissions are not limited like rogs are. There are two sets of rules, one for special civil, one for superior court. The SC rules start with 6, the Superior rules with a 4. They refer you back and forth. All the forms to answer are on line.

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Thank you both, I know from reading the forums everyone must be tired of my same exact post, so I thank you in advance for any hand holding that is handed out. I also apologize for my spelling, the spell check doesnt work and I honestly sometimes neglect proof reading on forums.

Is this an ok responce?

Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations."

Do I need to put more?

Do I even need a an affirmative defense?

Also, when do I file the paperwork for the discovery?

I am so sorry, i feel like time is ticking.

By the way, this is an incredible forum, and a great resource, I have a feeling Ill have read every post here eventually, and maybee with my experience I am going to go through will be able to assist others.

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Hello,

Been doing alot more reading

Tommorow I am sending my $15 dollars

Responding, " Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations".

no affermative defence.

Is this ok for now?

I also am filling out the paperwork for Discovery.

My real question is, when do I ask them to provide documentation and proof? Do I ask with my filing of discovery or send out a dertified letter with my requests after it is filed with the court?

Finally When do I send my 5 allowed Interoatories?

Thanks

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All you need right now is production of documents. They won't have any of the stuff you ask for, which is good. They'll send a few statements and a crap aafidavit swearing that their records are accurate. then the fun starts.

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."

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction.

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thank you legaleagal

I will send out that production of documents list tommorow also (after I review and see if i need to add or remove items)

Im sure i will be back to this thread as things unfold and will post what I actually send and resoponces I get so it can help others.

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Hello,

I am not sure of the ediquite on this forum so figured I woudl keep all questions in one thread.

I am reading the new jersey civil law handbook and it has a great amount of knowledge I am attempting to understand.

But, I have a question I could not just google an answer for or look up in the covil law book...

my case file is in the court and I can look at the online case.

I see all my forms were received and my discovery request was entered.

My question is.

Under Pending action it says : PG DISPSTN

Does anyone know what that is?

It also has a Pending actoun date a few months out - Is this a date I need to worry about at this point, or is it the date discovery is due by the plaintiff?

Sorry if this is the wrong place for the questions.

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thanks, pending disposition does help and makes sence.

I hate playing this waiting game.

Would it be smart to send a cease and desist letter to them, I dont want to get offer letters, phone calls etc. from research it looks like i am going to get quite a few of these. (they have tried to call 3 times already sicne receiveing the discovery questions and my answer) - Im in meetings at work most the day so cant answer and it becomes anoying.

If I do a cease and desist do I need to file it with the court?

Thanks

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ok, not sure what to do now.

i received an original bill with my name, ss, address and itemized purchases and payments for this account.

I sent the 14 discovery questions above and received a letter saying ;

dear, ...

plaintiff acknowledges receipt of defendants request for production of documents dated .. .. .. with regard to the above-captioned matter. however, plaintiff objects to same as they are nonconforming pursuant to R 6;4-3 (f), and shall not be fulfilled.

notwithstanding said objection and without waiver of same, annexed hereto is a copy of the 'customer account information' from the subject account. should you with to amicably resolve the instant matter, please contact ...

here is rule r 6:4 f

Actions Cognizable in Small Claims Section, Discovery. Any action cognizable but not pending in the Small Claims Section of the Special Civil Part shall proceed without discovery, except that each party may serve interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

I did not send interrogatories, i sent the request above on post 8.

It looks like i will need to prove they have standing to sue me.

since they are not answering my discovery, what do you believe my next course of action should be?

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Hi,

I didn't want to start another thread so that makes anyone willing to help jump around.

I have 2 questions at the moment and could use some help.

1, I sent in my answers to 3 interrogatories, 2 of the 3 were accepted the first one was not.

I probably jumped the gun, and knew they would come back not accepting the first one from reading here so I found one that I saw posted here and used that instead of the standard one.

The interrogatory is :

1. Set forth with specificity all facts in the support of each defense and/or claim which the defendant has in the above entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.

My answer was :

Identifying info so I took it out@@@@

I have a second question for a 4th interogatory they sent and would like some guidance on how to answer this also. I have a bity more time on this one.

DEMAND is herby made of the ......

1) Did Defendant ever purchase a Dell computer If so, please provide the date of purchase and any/all documentation relating to it.

ANS.

Pressler already provided a bill of sale and transactions showing some money in and out it ecven shows the chargeoff at the bottom, and then new interest being added 2 years later.

The bottom of the paper says

Data printed by Midland Credit Management, Inc. from electronic records created, maintained and provided by Dell Financail Services, L.L.C.

They sent me a printed contract also that looks standard, (it does include an arbitration clause .. but I dont know much about arbitration.)

No sigend afidavid or anythign with it. Just the lawyer signign it on the letterhead.

Thanks!

Well

What woudl be the best way to answer this? My case strategy is lack of standing making them prove they own the debt..

Edited by skotm

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I do not believe I can do arbitration In NJ since I filed an answer already, so before its sugested I wantedt o put that out thier.

Besides that, anyone have sugestions on how to answer those 2 interrogatories?

Thank you again.

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Would this be an ok answer?

1) Did Defendant ever purchase a Dell computer If so, please provide the date of purchase and any/all documentation relating to it.

ANS.

Objection. Calls for an admission or denial based upon facts not in evidence. Based upon the foregoing, Defendant denies.

2) Set forth with specificity all facts in the support of each defense and/or claim which the defendant has in the above entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.

ANS.

Objection. Plaintiff lacks standing to bring suit.

Facts: Plaintiff has not shown standing to bring suit, such as a full chain of transfer and assignment of alleged debt, with full testament and notarization by each seller.

They did send the bill and payment paperwork.

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plaintiff objects to same as they are nonconforming pursuant to R 6;4-3 (f), and shall not be fulfilled.

notwithstanding said objection and without waiver of same, annexed hereto is a copy of the 'customer account information' from the subject account. should you with to amicably resolve the instant matter, please contact ...

here is rule r 6:4 f

Actions Cognizable in Small Claims Section, Discovery. Any action cognizable but not pending in the Small Claims Section of the Special Civil Part shall proceed without discovery, except that each party may serve interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

I did not send interrogatories, i sent the request above on post 8.

It looks like i will need to prove they have standing to sue me.

since they are not answering my discovery, what do you believe my next course of action should be?

In NJ interrogatories, requests for admissions, production of documents are all considered the same line of questioning. So you only get 5. Decide what are the 5 most important things you need from them to help your case-or hurt theirs and if you're still in the 30 day window, resubmit them.

If it was me, I would ask for the items 3, 4, 6, 13, 14 in LeagleEagles list...

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I sent a copy of the interogatories from the philip k stern sight, they make sence and I see how I could use them.

I would rather get this dismissed in court then go to arbitration.

Im still wondering if these are ok - I have to send #2 out by tommrow. I dont want ot admit lack of standing is my defense, it may give them time to get it together, but I cant think of another way to say this.

1) Did Defendant ever purchase a Dell computer If so, please provide the date of purchase and any/all documentation relating to it.

ANS.

Objection. Calls for an admission or denial based upon facts not in evidence. Based upon the foregoing, Defendant denies.

2) Set forth with specificity all facts in the support of each defense and/or claim which the defendant has in the above entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.

ANS.

Objection. Plaintiff lacks standing to bring suit.

Facts: Plaintiff has not shown standing to bring suit, such as a full chain of transfer and assignment of alleged debt, with full testament and notarization by each seller.

Or is it better just to say

ANS.

Defendant has not asserted any affirmative defenses and has no information regarding dates, places, names and addresses of persons present or involved in any actions and/or conversations.

This is basically what I said before, but in alot less words.

Thanks....

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Here is the answer I put together and am sending for the interogatory question they returned.

Set forth with specificity all facts in the support of each defense and/or claim which the defendant has in the above entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.

ANS

Defendant has not asserted any affirmative defenses and has no information regarding dates, places, names and addresses of persons present or involved in any actions and/or conversations. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant.

I am going to wait closer to the 30 day mark for the question about the Dell computer, this will give me time to research proper answers, the only thing im worried about is if i say basically I lack sufficient info .. and they send me info per my interogatories I sent .. then Ill need to think of a new answer.

Edited by skotm

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Defendant has not asserted any affirmative defenses

This is all you need. You don't need to respond to the rest, it does not apply.

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All you need right now is production of documents. They won't have any of the stuff you ask for, which is good. They'll send a few statements and a crap aafidavit swearing that their records are accurate. then the fun starts.

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."

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction.

what about requesting any electronic data received? .... and what about requesting them to establish the last purchase made on the alleged account ?

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Hi I have a question. I am looking at the bill of sale that is printed by midland, from electronic records created, maintained, and provided by dell.

I decided to drop the numbers into excel to see if they add up right...

Well I am glad I did.

The initial order is on the top and when I add those up it is not the same as the Initial purchase amount. (not by much but off by about 20 bucks).

When I do line by the rest of it doing my best to figure out the book keeping they used, its off by 2 cents here, 3 cents their etc...

I am sure they will use this as evidence, it was sent to me when I erroneously asked for discovery, instead of interrogatories. (I am waiting on my answers to those to come back still).

My question is , assuming they bring this to trial, I understand that they need to have a clear chain of custody of the account and assuming they do. How do I bring up the discrep in trial to show questionable book keeping? Without someone from Dell that has knowledge of how they calculated the account, would that put the bill of sale and transactions listed hearsay?

Thanks

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I reviewed your document requests above, did they respond to those? Number four should explain how the balance was calculated. Any discrepancy as you cite here should be sufficient to call the entire account into question. These fellows are unethical and unreliable enough as it is, something like this can terminate their case rather quickly.

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