bcmj Posted September 2, 2012 Report Share Posted September 2, 2012 (edited) Hi Everyone, I received a summons in the mail the other day and I am trying to find the best way to answer it. The firm is Pressler & PresslerThe summons had 3 pages. The cover stating my options and I am being sued, the plaintiff/defendant info, and a third sheet. The third sheets says the following...1. It is now owner of the defedant(s) CREDIT ONE BANK, NA. account number ##### which is now in default. There is due the plaintiff from the defendant(s) my name the sum of under $1000 plus interest from xx/xx/2011 to xx/xx/2012 in the amount of $xxxxx for a total of $xxxxx. Of course I will answer the summons but what is the best answer? I also got a recent copy of my credit report and see Pressler just looked at my credit report days before filing this summons. My guess is they looked up the acct # to see who the original creditor was. Do I answer and then file a motion to dismiss providing no evidence or papers or is this premature? Edited September 2, 2012 by bcmj Link to comment Share on other sites More sharing options...
jpavv Posted September 2, 2012 Report Share Posted September 2, 2012 Had one with Credit One last year. Is the JDB Midland Funding?Follow Linda7 strategy-steps-arbitrationHere is an agreement with Credit One with JAMS Link to comment Share on other sites More sharing options...
bcmj Posted September 2, 2012 Author Report Share Posted September 2, 2012 Thanks i will check that out. The JDB is Pressler and Pressler Link to comment Share on other sites More sharing options...
jpavv Posted September 2, 2012 Report Share Posted September 2, 2012 Thanks i will check that out. The JDB is Pressler and PresslerCan't be. They are the attorneys representing the JDB Link to comment Share on other sites More sharing options...
bcmj Posted September 2, 2012 Author Report Share Posted September 2, 2012 New Century Financial Services From what I have read about them is they are a company sharing the same location with Pressler and Pressler. A one stop shop for junkers like this. Link to comment Share on other sites More sharing options...
jpavv Posted September 2, 2012 Report Share Posted September 2, 2012 New Century Financial Services From what I have read about them is they are a company sharing the same location with Pressler and Pressler. A one stop shop for junkers like this.Defeat Pressler and Pressler Link to comment Share on other sites More sharing options...
bcmj Posted September 2, 2012 Author Report Share Posted September 2, 2012 This is getting some what confusing, some filed an answer then a motion, one a motion first, another using JAMS. My main concern is what answer do I provide and at what part do I start asking for proof they own this? Link to comment Share on other sites More sharing options...
jpavv Posted September 3, 2012 Report Share Posted September 3, 2012 This is getting some what confusing, some filed an answer then a motion, one a motion first, another using JAMS. My main concern is what answer do I provide and at what part do I start asking for proof they own this?What I'm suggesting is Arbitration works. For this amount, if you file your answer as suggested in post 6 of Linda7's Steps to Arbitration, they will more than likely dismiss.Heck, for this amount, I think even if you answered with "BOO", they will dismiss Link to comment Share on other sites More sharing options...
bcmj Posted September 3, 2012 Author Report Share Posted September 3, 2012 I would like to say more then "BOO" but it made me chuckle. I found this answer in another post or two. It seems better then boo and I understand it better. Arbitration I am just not following...this is all new to me. Defendant has insufficient information to admit or deny and, therefore, must deny. Plaintiff has failed to provide documentation supporting the allegation.What happens next? Do I need to file a form for discovery? Link to comment Share on other sites More sharing options...
jpavv Posted September 3, 2012 Report Share Posted September 3, 2012 What happens next? Do I need to file a form for discovery?If you just received this the other day, you have 35 calender days to answer from the date of the filing. So, you have time to poke around here, ask questions and decide what you want to do. Post your answer here first, less identifying info, so others can critique it. Link to comment Share on other sites More sharing options...
bcmj Posted September 3, 2012 Author Report Share Posted September 3, 2012 yes i do have time, just want to make sure i am doing the right thing. thank you for your responses Link to comment Share on other sites More sharing options...
bcmj Posted September 3, 2012 Author Report Share Posted September 3, 2012 I was reading over the link in post 2 agreement with JAMS and then Linda7 link. If I answer with arbitration (seems like a smart idea) who pays the fees? Do I just file the form with the agreement and they cover the fees or do I have to pay some as well? Link to comment Share on other sites More sharing options...
jpavv Posted September 3, 2012 Report Share Posted September 3, 2012 No, you don't file with JAMS. You are telling NCFS you are "electing" arbitration. They would have to initiate it, which they won't, because of the cost involved. You will most likely get a letter from them dismissing the case "without prejudice". Link to comment Share on other sites More sharing options...
bcmj Posted September 3, 2012 Author Report Share Posted September 3, 2012 Thank you for helping. If I am following correctly...I submit an answer and at the end of the answer finish this this...Defendant respectfully asks the Court to dismiss this case, or stay this case pending arbitration pursuant to Credit One Bank agreement. I include the agreement with my answer. Do I need an Affidavit for this? I file a motion to compel at the same time? Link to comment Share on other sites More sharing options...
Linda7 Posted September 3, 2012 Report Share Posted September 3, 2012 Thank you for helping. If I am following correctly...I submit an answer and at the end of the answer finish this this...Defendant respectfully asks the Court to dismiss this case, or stay this case pending arbitration pursuant to Credit One Bank agreement. I include the agreement with my answer. Do I need an Affidavit for this? I file a motion to compel at the same time?What year was the alleged account opened and what year was the default? Link to comment Share on other sites More sharing options...
racecar Posted September 3, 2012 Report Share Posted September 3, 2012 (edited) Philip D. Stern & Associates, LLChttp://philipstern.com/files/Interrogatories_-_Small_Claims_jurisdiction.pdfRULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEYLegal Practice FormsThe One Hundred Billion Dollar Problem in Small Claims Court: Robo-Signing and Lack of Proof in Debt Buyer Cases by Peter Holland :: SSRNACMS Public AccessIndex of /files Edited September 3, 2012 by racecar Link to comment Share on other sites More sharing options...
bcmj Posted September 3, 2012 Author Report Share Posted September 3, 2012 What year was the alleged account opened and what year was the default?the alleded account shows an open date on my credit report of 12/07. year of the default was 2008 Link to comment Share on other sites More sharing options...
bcmj Posted September 3, 2012 Author Report Share Posted September 3, 2012 I found this on other posts so I figured I would do this as well so helps answer things I missed or left out1. Who is the named plaintiff in the suit? New Century Financial Services2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pressler and Pressler3. How much are you being sued for? under $7004. Who is the original creditor? (if not the Plaintiff) Credit One Bank5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Mail7. Was the service legal as required by your state? YesProcess Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone calls9. What state and county do you live in? Ocean Co NJ10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 200811. What is the SOL on the debt? 6 years12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or 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 i believe...have not responded yet13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no14. 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. No15. 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.No evidence just a paragraph saying they own it and I am in default Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted September 3, 2012 Report Share Posted September 3, 2012 New Jersey CourtsThe answer is done by a form, you can find it here. This is in Special Civil for under 3,000, you get no discovery other than 5 interrogatories.(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. Link to comment Share on other sites More sharing options...
bcmj Posted September 4, 2012 Author Report Share Posted September 4, 2012 I have decided to elect arbitration on my summons. I can not find the answer do I need to file a Motion to Compel Arbitration or do I just answer the summons saying I elect arbitration. I want to include a copy of the cc agreement w/ JAMS does this need to be included in the answer. This is being done in NJ. If this was answered with by a link already I apologize I probably didnt understand what I read. Link to comment Share on other sites More sharing options...
jpavv Posted September 4, 2012 Report Share Posted September 4, 2012 I have decided to elect arbitration on my summons. I can not find the answer do I need to file a Motion to Compel Arbitration or do I just answer the summons saying I elect arbitration. I want to include a copy of the cc agreement w/ JAMS does this need to be included in the answer. This is being done in NJ. If this was answered with by a link already I apologize I probably didnt understand what I read.Did you read Linda7's Steps to Arbitration? Look at post #6 where she gives a sample of answer/affirmative defense. Link to comment Share on other sites More sharing options...
bcmj Posted September 4, 2012 Author Report Share Posted September 4, 2012 Did you read Linda7's Steps to Arbitration? Look at post #6 where she gives a sample of answer/affirmative defense.I did, I just wanted to make sure that counts in NJ as well. Thanks..I will reread it Link to comment Share on other sites More sharing options...
Linda7 Posted September 4, 2012 Report Share Posted September 4, 2012 I have decided to elect arbitration on my summons. I can not find the answer do I need to file a Motion to Compel Arbitration or do I just answer the summons saying I elect arbitration. I want to include a copy of the cc agreement w/ JAMS does this need to be included in the answer. This is being done in NJ. If this was answered with by a link already I apologize I probably didnt understand what I read.Sending you a pm. Link to comment Share on other sites More sharing options...
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