Njpirate

being sued by presler and pressler/ new century financial services

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I received a civil action summons from pressler and pressler advising they are suing me to get a judgment for . i mistakenly called to see if i could settle and that did not work. now i guess i have to answer there complaint. i live in the state of nj. if i answer their complaint do i have to file an affirmative defense or how would i go about wording the answer to this civil action. Any help is greatly appreciative.

Edited by Njpirate
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I live in NJ too. Answer that summons on time and you can find out all the rules on njcourtsonline.com. Following the rules of the court are crucial. Make sure to use the appropriate affirmative defenses for your situation and don't admit to anything. And you have not screwed up by trying to negotiate a settlement. An offer of settlement is not an admission.

They are hoping that you don't submit an answer, and when you do, they have to work for that $500. That is not their plan. They plan to spend no more than $75-$100 and profit over $400 with a default.

When you answer that lawsuit, Pressler and Pressler knows you are going to fight them, so they will send out Interrogatories. Because the amount involved is small, it is still Special Civil, but the rules of Small claims take precedence. In special civil, small claims, each side can only send out a maximum of 5 interrogatories. You CAN NOT send out Requests for Production of Documents, or Requests for Admissions, so don't waste your energy preparing them. All of the benefits in this situation are not theirs, because even though you can only ask them a max of five interrogatories, they can only ask you five too.

I mounted a defense by using this site, asking questions, and staying up late at night doing research. Just use that court website for the rules, and you can beat them at their own game.

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6:4-3. Interrogatories; Admissions; Production

(f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving 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."This means that even though it was filed in Special Civil, the usual Special Civil Rules dont apply when it comes to Interrogatories and other document requests. Follow this rule. In NJ, it is one of the most important.

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Index of /files

Philip D. Stern & Associates, LLC

Legal Practice Forms

INTERROGATORIES

1. State the names and addresses of all persons having knowledge of relevant facts relating to this lawsuit.

2. Identify all documents that may relate to this action, and attach copies of each such document.

3. Attach to your answers all documents reflecting each assignment of the account from the original creditor to Plaintiff.

4. Attach to your answers the documents which reflect all transactions and credits on the account.

5. Attach to your answers all affidavits, certifications in lieu of affidavit (see, R. 1:4-4),and declarations in lieu of affidavit (see, 28 U.S.C. § 1746) which relate to this matter.

CERTIFICATION

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.

Dated:

[PRINT NAME AND TITLE BELOW SIGNATURE]

Edited by racecar
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1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

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?

9. What state and county do you live in?

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

11. What is the SOL on the debt?

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).

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

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.

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?

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

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Plaintiff is New Century Financial Services

2. presslet and Pressler

3.

4. total card

5. civil summons

6. by regular mail

7. yes

8. none

9. new jersey hudson county

10. last payment per credit report was in aug 2007

11. 6 years sol

12.

13. No

14. no

15 35 days

1. it is now the owner of the defendate account number which is now in default. There is due the plaintiff from the defendant the sum of plus interest from in the amount of .42 for a total fo

wherefore plaintiff demands judgment for the sum of plus accruing interest to the date of judgment plus cost.

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 indetifiers have been redacte from doucments now submitted to the court, and will be redacted from all documents submitted in the future in accordance with rule 1:38-7(B).

16. they did not attach any documents.

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

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?

9. What state and county do you live in?

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

11. What is the SOL on the debt?

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).

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

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.

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?

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

Edited by Njpirate
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The issue at hand is I can't find on my credit report total card. But I do find another company. With the same account number, and amount, but isn't total card.

My bad Njprivate. I did miss it.

Never heard of Total Card. Maybe it's like having an account at Walmart where it shows up on credit as GE Money Bank.

I recall once having a Visa card that had a different name on credit.

Hope it turns out well for you.

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My bad Njprivate. I did miss it.

Never heard of Total Card. Maybe it's like having an account at Walmart where it shows up on credit as GE Money Bank.

I recall once having a Visa card that had a different name on credit.

Hope it turns out well for you.

I believe that is exactly what happen. So who card agreement should I be going by if I am able to locate one.

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Whoever the Plaintiff is that's on the summons...

But New Century is the plaintiff. To find the agreement, he wants to go back to the original creditor. Hard for us to help you on that. You gotta somehow figure out who was the original - IF IT'S YOUR DEBT. You said earlier that you saw something on credit with info that matched Total Card. Maybe that's it. I see it's an old account. Try looking back on your checks to see who you paid the bill to.

I know you are trying to find the agreement for arbitration piorposes, but you probably won't need it. New Century won't have anything to prove they own this debt.

THIS IS KEY: In NJ, there is a section in the rules that says after you are sued for breach of contract, you have the right to ask the plaintiff to send you a copy of the applicable agreement and they have 5 days to send it to you. You would do this as a separate discovery where all you ask for is the credit card agreement. You don't want to mix it up with other discovery since the timeframes are different..

Read it here at the bottom of the page: RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

They will not send it because they don't have it. You then follow the rules by writing them & giving them a few more days to send it to you. When you finally do not get it, you motion to dismiss. The judge will dismiss it. I am not telling you theory. I did it and the judge dismissed the case w/o a blink.

Just READ AND FOLLOW THE RULES of the NJ Court.

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Okay I trying to understand this. Answer the compliant then request the plaintiff to produce the cars agreement, give them five days. If nothing then motion to the courts to dismiss based on the fact the plaintiff did not send what was asked of them.

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Okay I trying to understand this. Answer the compliant then request the plaintiff to produce the cars agreement, give them five days. If nothing then motion to the courts to dismiss based on the fact the plaintiff did not send what was asked of them.

Yeh, but you just missed a whole step in what I just said.

You really have to go read the rules. The details are critical and I can't write all that here. You're gonna miss something if you don't read them carefully. Don't let this be your sole source of info.

By the way, if the world turns square and they actually provide the legitimate old agreement, if you see there is arbitration, then you can still file the arb claim.

If it were me, I would not answer right now if there is still time left. INSTEAD, REQUEST THE CONTRACT NOW! If the deadline approaches and you have no response from P&P for the contract after asking for it twice, then I would answer to CYA.

Read the Rules !!

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okay Patz i have read and i think i read the rule about 5 times to make sure i got it correctly. if i send a request, they have 35 days to respond. so that isn't going to help me since i believe i have about 20 days left to answer the complaint.

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okay Patz i have read and i think i read the rule about 5 times to make sure i got it correctly. if i send a request, they have 35 days to respond. so that isn't going to help me since i believe i have about 20 days left to answer the complaint.

I don't know what you read Njprivate, but I gave you the link above about requesting the contract and it clearly says they have 5 days. When I referred to read the rules, I was only talking about reading the rules as far as specific how-to type stuff. The 5-days for the contract is w/o question.

But even if it were 35 days, and even of you did send your answer now, you should still request the contract. There would be no harm done. Throw all your irons in the fire. In order to sue someone for breach of contract, the plaintiff should have the contract. The case won't be in court for a while. And if P&P never sends the contract, the case will never be heard in NJ Special Civil.

Imagine if you went into court claiming you wanted to sue Joe because he breached the contract. Well, what contract? Where is it? Show the court what was breached. Do you think you would win if you told the judge, "Duh, well, I don't have the contract. I don't know where it is. But Joe still breached it and he owes me this money." ?????

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