storpappa

Summons Midland Pressler & Pressler

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I found this while looking for any NJ case law .....not NJ but recent, and goes into some of the defenses discussed here

UNIFUND CCR PARTNERS v. SUNDE, No. 39244 at caselaw

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Looking for records on payments from a discovery request, reprints of statements put it at three years now, a few months after their filing date. So in this case, SOL defense would not help on the original complaint filed.

What may help others is in questioning the business practices of choice to file -- why did mine get filed in the under three year mark? Is there an internal review for SOL? Do Midland, P&P or others have an internal process to review accounts against the original agreement or the current state SOL.

I do like the comment that if they use the agreement as evidence, they should be forced to use it for everything -- they wrote it. And the JDB has the legal and business expertise to know what they are buying, and the risks. Its why the don't pay 100%

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What may help others is in questioning the business practices of choice to file -- why did mine get filed in the under three year mark? Is there an internal review for SOL? Do Midland, P&P or others have an internal process to review accounts against the original agreement or the current state SOL.

All of that is not only irrelevant but even if it were not it would all be protected from being disclosed.

I do like the comment that if they use the agreement as evidence, they should be forced to use it for everything -- they wrote it. And the JDB has the legal and business expertise to know what they are buying, and the risks. Its why the don't pay 100%

Regardless if they use the agreement as evidence, the agreement (contract) in the controlling authority. It does not matter who decides to introduce what. The contract is the contract. One can't pick and choose the parts that help them and try to only enforce those parts (unless the other sits their like a toad and does nothing about it).

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You are 100% correct, you Red Sox fan, gee, I wonder what state YOU live in, not too obvious there

New Jersey...

Don't assume...

That's Legal 101... ;)

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If you can get it and it applies, good luck to that individual. Common sense would make me think that A knows whats legal, they made the contract. But contracts get challenged in courts all the time

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Common sense would make me think that A knows whats legal, they made the contract.

JDBs, CAs, their attorneys and what's legal have nothing to do with one another. It all has to do with what they're counting on you not knowing. If they can twist that contract to work in their favor, they will, regardless of how it was originally intended. And if you expect them to do what's right and don't call them out on it, you're not going to win much...

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New Jersey

See that? I got you to say where you live, what a skip tracer I'd make! As for the contract, unless it calls for someone to break the law, it is "legal." However, legal isn't always ethical. These things are written to protect them, not you. Judge Wettick did a great analysis of this in Target v. Samanez in PA.

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