Njpirate

being sued by presler and pressler/ new century financial services

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Does the bill of sale reference a purchase and sales agreement?

the original one when it was brought from the first debtor it states about a bill of sale.

exact words

for value received and in further consideration of the mutual covenants and conditions set Fourth in the purchase and sale agreement ( the "agreement") dated as ..., by and between ... and ..., seller hereby transfers, sells conveys, grants and deliver to buyer, its successor and assigns, all right title and interest of any kind in and to the accounts set fourth in the data file names... as shown in the accounts schedule, which is hereby incorporated by reference, it being understood that such transfer, sale conveyance, grant and delivery is made without any recourse, representations or warranties except those expressly made in the agreement.

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Standard crap, you need to see a chain of evidence referencing your specific account number info etc from the OC to the present JDB

As i said earlier they didn't send any, just the bill of sale and assignments, transfer and assignments, and that was it. nothing else but those

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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.

You've gotten good advice here. I would only add (since it's P&P) that you read the summons very carefully. Then read the affidavit carefully looking for discrepancies such as account numbers, amounts and type of account ie: cell phone bill, credit card bill, etc.

If you find discrepancies, you can use each instance that corresponds with each numbered count.

I had their complaint against me dismissed "with prejudice" because the complaint alleged a cell phone account and yet the affidavit alleged a credit card account.

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Then read the affidavit carefully

It appears that he did not get an affidavit from what he posted. Seems to me that a bill of sale without an affidavit is pretty much useless.

Question What is this affidavit is suppose to look like

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There are lots of them here on the forum, generally it is a one page document in which the affiant swears that the JDB's records are accurate and true. Hearsay as a rule. Problem for them is that they are using someone else's records and cannot legally swear to their authenticity.

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Motion to Clarify Plaintiffs Interrogatories #8 & #9 or whatever # they were

The interrogatories are so imprecise,confusing and ambiguous that they cannot be responded to by defendant.

Edited by racecar
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