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ASSET ACCEPTANCE, LLC assignee of WACHOVIA CARD SERVICES vs. (<- that guy)

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Howdy,

1. Who is the named plaintiff in the suit?

ASSET ACCEPTANCE, LLC assignee of WACHOVIA CARD SERVICES

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

Fulton, Friedman & Gullace, LLP

Leonard H Franco, JR., Esquire

33 Journal Square Suite 401

Jersey City, NJ 07306

3. How much are you being sued for?

$14,892.47

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

WACHOVIA CARD SERVICES

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

Served by regular and certified mail

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

Served by regular and certified mail

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

Yep, mailings done by the Clerk of the Court

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

I don't recall. It may have been stuff I didn't answer with a validation letter, many months back.

9. What state and county do you live in?

Camden 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)

No idea. Documents attached show late in 02/2010

11. What is the SOL on the debt?

2A:14-1. 6 years

Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in sections 2A:14-2 and 2A:14-3 of this Title, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.

12. What is the status of your case? Suit served? Motions filed?

Status: Open

Suit Served: Yes

Answers required: NLT 03/03/2013

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

15. How long do you have to respond to the suit? (This should be in your paperwork).

Answers due within 35 DAYS (including weekends)

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

A lot unprofessional, these are very badly done photocopies of watermark printouts with the words printed on the top of the documents --

Please purchase PDFcamp Printer on http://www.verypdf.com to remove this watermark

Exhibit 1

BILL OF SALE

Wells Fargo Bank, N.A.("Seller"), for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, assigns and transfers to Asset Acceptance, LLC. ("Buyer"), all personal property comprising the charged-off Accounts as defined in the Agreement for Purchase and Sale of Charged-Off Accounts dated March 24, 2011, by and between Seller and Buyer, identified on Exhibit 4 attached hereto, and listed on the Computer File.

Seller hereby covenants with Buyer and its successors and assigns that Seller has good and lawful authority to sell and convey the above described property and that said property is free and clear of all liens and encumbrances whatsoever.

Wells Fargo Bank, N.A.

By:

Date: 03/24/11

State of Iowa

County of Polk

On this 24th day of March 2011, before me the undersigned, a Notary Public on and for the State of Iowa, personally appeared David Demanett to me personally known, who, being by me duly sworn, did say the within and foregoing instrument was signed on behalf of said Buyers by authority of the Board of Directors, and that the said person as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said Buyer.

Signature

Notary Public in and for the

State of Iowa

Exhibit 2 (Its is after Exhibit 1, but has no markings saying what Exhibit it is)

Again with the bad photocopy and watermarks and the message printed on the top of the documents --

Please purchase PDFcamp Printer on http://www.verypdf.com to remove this watermark

AFFIDAVIT OF SALE OF

ACCOUNT OF ORIGINAL

CREDITOR

State of Iowa, County of Polk

Carla Hawkins being duly sworn, deposes and says:

I am over 18 and not a party to this action. I am the Sales Liaison (title) of Wells Fargo Card Services (creditor). In that position I am a custodian of the creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records.

On or about March 24, 2011 (date) Wells Fargo Card Services (creditor) sold a pool of charged off accounts (the Accounts) by a Purchase an Sale Agreement and a Bill of Sale Asset Acceptance, LLC (debt buyer). As part of the sale of the Account, electronic and other records were transferred on individual Accounts to the debt buyer. Those records were kept in the ordinary course of business of Wells Fargo Card Services (creditor)

I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge.

Signed this 7th day of April, 2011

Carla Hawkins (signature)

Name of Affiant

Sworn before me this 7th day of April, 2011

A Notary Stamp saying

DAWN R. BOUCHER

Commission Number 738260

My COmmission Expires

December 27, 2011

FREE CIVIL COURT FORM

No fee may be charged to fill in this form. Form can be found at

http://www.nycourts.gov/courts/nyc/civil/forms.shtml

Exhibit F (Its is after Exhibit 2)

And again, with the bad photocopy and watermarks and the message printed on the top of the documents --

Please purchase PDFcamp Printer on http://www.verypdf.com to remove this watermark

EXHIBIT F

CERTIFICATE OF CONFORMITY

STATE OF IOWA

COUNTY OF DALLAS

The undersigned does hereby certify that she is an attorney-at-law admitted to practice in the State of Iowa and is duly qualified to make this certificate of conformity pursuant to Section 200a of the Real Property Law of the State of New York; that the foregoing acknowledgment by Carla Hawkins named in the foregoing instrument taken before Dawn R. Boucher, a notary in the State of Iowa, was taken in the manner prescribed by Iowa Code Chapter 9E, being the State in which it was taken, and that it duly conforms with such laws and is in all respects valid in such state.

Dawn. R. Boucher (Date) 04-07-11

Exhibit unmarked, so lets call it #4, after the Exhibit F

A photocopy of a letter claiming to be from the Comptroller of the Currency dated March 20,2010 authorizing the merger of Wells Fargo and Wachovia effective March 20, 2010.

And finally we have Exhibit unmarked, so lets call it #5, since it comes after the unmarked Exhibit #4

A 3 page photocopy or reprinting of a supposed credit card statement between Wachovia and the defendant dated 02/06/2010

The Complaint itself is:

ASSET ACCEPTANCE, LLC assignee of WACHOVIA CARD SERVICES

Plaintiff,

vs.

Me

Defendant(s)

SUPERIOR COURT OF NEW JERSEY

CAMDEN COUNTY

LAW DIVISON, SPECIAL CIVIL PART

DOCKET NO

CIVIL ACTION CONTRACT

COMPLAINT

NOW COMES Plaintiff, ASSET ACCEPTANCE, LLC, by and through their attorneys, and for its Complaint against the above names Defendant(s), ME, with a Social Security Number ending in XXX-XX-9999, states to this honorable Court as follows:

1.) The Plaintiff is a Delaware Limited Liability Company registered to do business in the State of New Jersey and the Defendant(s) is/are resident(s) of CAMDEN county and is subject to this Court's jurisdiction.

2.) That the Defendant(s) entered into an agreement for a CREDIT CARD with WACHOVIA CARD SERVICES, Account Number XXXXXXXXXXXX-9999.

3.) That the Plaintiff is now the holder of said account, purchasing the same, and entitled to all rights as owner. Attached hereto is a copy of the Chain of Assignment(s) for the account that is the subject of this litigation.

4.) That the agreement required periodic payments by the Defendant(s) which, on this account, Defendant(s) have failed to make, and are in default.

5.) That the amount currently owning on this account is $14,892.48 which includes continuing pre-judgment interest at 6.00 % until the date of judgment and thereafter at the statutory rate.

6.) That the Plaintiff has made dmeand upon the Defendant(s) for payment of the above mentioned amount and the Defendant(s) have refused to pay the same.

WHEREFORE the Plaintiff, ASSET ACCEPTANCE, LLC demands judgment against the defendant(s), ME, in the sum of $14,892.48, plus continuing pre-judgment interest until the date of judgment thereafter at the statutory rate, court costs and fees if applicable.

/s/ Leonard H. Franco, Jr. Esquire (no signature)

LEONARD H. FRANCO, JR. Esquire Attorney for Plaintiff

CERTIFICATION PURSUANT TO RULE 4:5-1

Plaintiff, by their attorneys, hereby certify that the matter in controversy is not the subject of any other pending or contemplated judicial or arbitration proceeding. Plaintiff is not currently aware of any other parties that should be joined in the 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 R 1:38-7(B). I understand that if any of the foregoing statements made by me are willfully false I am subject to punishment.

/s/ Leonard H. Franco, Jr. Esquire (no signature)

LEONARD H. FRANCO, JR. Esquire Attorney for Plaintiff

DESIGNATION OF TRIAL COUNSEL

Pursuant to Rule 4:25-4, LEONARD H. FRANCO, JR., Esquire is hereby designated as trial counsel for the Plaintiff in this matter.

/s/ Leonard H. Franco, Jr. Esquire (no signature)

LEONARD H. FRANCO, JR. Esquire Attorney for Plaintiff

THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE

OKAY, so that's what came in the mail from them.

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I will leave to the more experienced members of the forum as to the best way to answer the complaint, but I would like to offer a few observations and/or comments as to what you posted:

 

The Bill of Sale says"...charged-off Accounts as defined in the Agreement for Purchase and Sale of Charged-Off Accounts dated March 24, 2011..." You'll want to request the Agreement referenced. Obviously to see how they defined the term, but also to see what were the representations and warranties that were included in the sale agreement? They will probably object to giving it to you. Based on other thread, how often do JDB's hand over a copy of the sales agreement?

 

Carla Hawkins Affidavit - she says that accounts were transferred, but she doesn't say that she had knowledge of specific accounts transferred or that your particular account was transferred. She says she is not is not aware of any errors in the accounts. A question to ask, if any transactions in any of the hundreds (thousand?) of accounts transferred contained a disputed transaction, etc. would she be informed by the appropriate people and/or departments at Wells? That is like me saying that I'm not aware of any instances that aliens were ever brought to Area 51. Is it likely, of course not, is there a one in a million chance? Who knows?

 

Boucher Certificate of Conformity - I don't understand why she is referencing "...Section 200a of the Real Property Law of the State of New York." This has to do with real estate taxes, equalization rates, assessments, etc. Boucher is an atty with Phil Watson PC in Des Monies, IA.

 

I hope this helps.

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Ansers to complaints in NJ are done with a form, they are on line.

 

http://www.judiciary.state.nj.us/prose/

 

You'll also find some basic info as to how to defend yourself. You might want to check with Philip Stern, he's one of the best consumer attorneys around and he is in NJ. Asset isn't that hard to beat.

 

http://philipstern.com/

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Answer filed with the Clerk of the Court, and a stamped copy sent to the Plaintiff's attorney. Now comes the fun work.

Bruno, I did see where the above Attorney had 2 MSD detailed for review. It is interesting and an approach to consider.

I wonder if that route is the current best tactic to jump at? It requires the Plaintiff attorney to expend time and resources, instead of just a robo signed MSJ, and form letter Plaintiff Discovery documents

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4:18-2. Copies of Documents Referred to in Pleading

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

Going looking for an case law examples that filing a motion for the Chain of Assignment(s), outside of a RFPoD in Discovery. Except that it cites a specific rule of the court and has a much shorter response time frame.

3.) That the Plaintiff is now the holder of said account, purchasing the same, and entitled to all rights as owner. Attached hereto is a copy of the Chain of Assignment(s) for the account that is the subject of this litigation.

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OKAY, a few cups of coffee later...

DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2

Pursuant to Rule 4:18-2, Defendant hereby demands that Plaintiff serve copies of the following documents cited in the complaint within 5 days after service of this request as prescribed by the Rules of Court.

1. “an agreement” in Plaintiff’s Complaint statement #2

2. “the Chain of Assignment(s)” in Plaintiff’s Complaint statement #3

3. “the agreement” in Plaintiff’s Complaint statement #4

All CMRRR, with a Proof of Service attached.

After years of lawsuits, in many different areas, it is always interesting how the forms stay the same, it's just finding the right source of what to say and focus on, which is one of the benefits of this site. Focused information and critical, helpful responses

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And in the todays mail we have .... a yellow post card

CAMDEN SPECIAL CIVIL PART

HALL OF JUSTICE

101 S FIFTH ST

CAMDEN NJ 08103-4001

(856) 379-2202

CASE NUMBER:

CAM DC-001212-13

ASSET ACCEPTANCE LLC

VS.

<-- That guy

A JURY TRIAL HAS BEEN

SCHEDULED FOR THIS CASE

ON 04-22-2013 AT 08:45AM

PLEASE REPORT TO

JUDGE LASKIN

COURT ROOM: 60

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Can i get some suggestions or comment on my next plan of approach:

Wait the 5 business days, and make a call to the attorney of record, followed up with a fax and CMRR on the failure to provide the documents in 5 days as required.

5 business days after that, walk to the Clerk of the Court and file a Motion for Summary Dismissal on the grounds of failure to comply, and or the lack of merit stipulations as mentioned in the above links.

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Back up a bit, failure to attach required documents is a curable defect. That means the judge will give them a week or so to send them to you. You won't get a dismissal for this. You said Special Civil...that's usually cases for 3,000 or less. There is a whole different set of rules for Special Civil, they start with a 6, not a 4. Which one are you in?

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Howdy Bruno

Special Civil is under $15k, so they filed just under that limit at $14,892.47

Yes, it is curable. The question is will they do so.

The normal course would be to start my Discovery process, but given this short rule in NJ, it seems a quick an easy way to put them on their heels. I could be wrong, which is why I am here :)

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Okay, it's been a while since we had a Special Civil case. The 3,000 limit means you get no discovery, etc. Now, I'd look into this claim that Asset (kind of) bought this from Wachovia, which is what their complaint almost says. Here's the rub:

 

 

In 2008, Wells Fargo & Company acquired Wachovia Corporation to create North America’s most extensive distribution system for financial services, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance through more than 9,000 stores, 12,000 ATMs, the Internet (wellsfargo.com), and other distribution channels across North America and internationally. The integration of Wachovia and Wells Fargo is complete, and all Wachovia accounts have been moved to Wells Fargo.

 

 

Unless paragraph 3 of the complaint includes something that shows this went to Wells Fargo before they acquired it, they have a problem They don't specifically say in the complaint who they bought it from, but it sure wasn't Wachovia.

 

 

Oh, and Wachovia was located in NC which has a 3 year sol. This is all stuff Asset hopes you'll never find out.

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Bruno, the 3 year SOL in NC is interestingto consider. When I went online looking for a cardholder agreement from Wachovia, I found one that identified the laws of Georgia and Federal. Georiga has a 4 (6) year SOL

The NC angle is interesting in light of the FTC action against Asset Acceptance

http://www.ftc.gov/opa/2012/01/asset.shtm

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YEAH --- The mailman just brought me today's mail from the law firm of Fulton, Friedman & Gullace, LLP postmarked 02/25/2013, this past Monday.

Does that mean they sent this out after getting my Answers, I can not be sure, but who knows.

Its is 8 pages of fun:

1. A cover letter signed in blue pen this time. That makes it official, I guess as opposed to robo signed

2. Plaintiff's request for production of documents to defendant containing 8 items to be listed later in detail here (signed in blue)

3. #2's Certificate of service (signed in blue)

4. Plaintiff's request for Admissions to Defendant #1 - # 11

5. 2nd page of Plaintiff's request for Admissions to Defendant # 12 - # 15 and Certificate of Service (signed in blue)

6. First Set of Plaintiff's Interrogatories to Defendant #1 - # 6

7. Continued #7 - # 12

8. Continued # 13 and a signature for me line

I call.ed the attorney and asked for a soft copy to be emailed to me. Waiting for their reply to my request.

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Very interested to see what they sent you. Asset has been lacking any discovery requests in my case as well as a few others on here.

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Georgia? That's odd unless they used one of their acquisitions. They did gobble up a bank in Atlanta. Also, this:

 

 

In April 2001, Wachovia agreed to sell its $8 billion credit card portfolio to Bank One. The cards, which would have still been branded as Wachovia, would have been issued through Bank One's First USA division. First Union had sold its credit card portfolio to MBNA in August 2000.[17] After entering into negotiations, the new Wachovia agreed to buy back its portfolio from Bank One in September 2001 and resell it to MBNA. Wachovia paid Bank One a $350 million termination fee.

 

MBNA was later grabbed up by Bank of America. What a mess, try to figure that one out!

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ANSWERS

1. Any and all documents relating to the indebtedness that is the subject matter of Plaintiff’s Complaint.

ANSWER: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. This request is too far reaching and does not appear reasonably calculated to lead to the discovery of admissible evidence during jury trial. The burden of proving an existence of any indebtedness rests with the Plaintiff.

2. Any and all documents relating to any set-offs, counter claims or complaints regarding the credit card purchases and cash advances that are the subject matter of the Plaintiff’s Complaint.

ANSWER NUMBER 1: Objection: Request Number 2 is a subset of Request Number 1 and is duplicate and repetitive in nature.

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. Any information regarding any set-offs, counter claims or complaints would be reasonably expected to be held by the Plaintiff as ordinary business records in the ordinary course of their business, if they ever existed. The burden of proving an existence or lack thereof, of any set-offs, counter claims or complaints rests with the Plaintiff.

ANSWER NUMBER 3: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. This request is too far reaching and does not appear reasonably calculated to lead to the discovery of admissible evidence during jury trial. The burden of proving an existence of any credit card purchases or cash advances rests with the Plaintiff.

3. Any and all documents you intend to offer or proffer into evidence into his cause.

ANSWER: Objection. Discovery is still ongoing and a response at this time is premature. At the time Defendant identifies documents to present before jury trial, Defendant reserves the right to notify the Plaintiff in due course per Rule 4:18-1 (3) Continuing Obligation.

Specifically, “If a party who has furnished a written response to a request to produce or who has supplied documents in response to a request to produce thereafter obtains additional documents that are responsive to the request, a supplemental written response and production of such documents, as appropriate, shall be served promptly.”

4. Any and all credit applications and guarantees submitted or delivered to WACHOVIA CARD SERVICES by Defendant(s).

ANSWER NUMBER 1: Objection: Request Number 4 is a subset of Request Number 1 and is duplicate and repetitive in nature.

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the requested documents would reasonably be expected to be retained by the Plaintiff in the normal course of their business. The burden of proving the existence of any credit applications and guarantees rests with the Plaintiff.

ANSWER NUMBER 3: Objection. Request Number 4 is asking for an agreement, which Plaintiff has stated in Plaintiff’s Complaint statement #2, that they have in their custody, and are using as a material basis of fact in the Plaintiff’s Complaint. The Plaintiff failed to attach this document to their original complaint, and has as of yet failed to answer to Defendant’s DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2.

ANSWER NUMBER 4: Objection. Request Number 4 is asking for an agreement, which Plaintiff has stated in Plaintiff’s Complaint statement #4, that they have in their custody, and are using as a material basis of fact in the Plaintiff’s Complaint. The Plaintiff failed to attach this document to their original complaint, and has as of yet failed to answer to Defendant’s DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2.

ANSWER NUMBER 5: Objection. Defendant has denied allegations, and therefore the burden of proof lies on Plaintiff.

5. Any and all correspondence mailed by Defendant(s) to WACHOVIA CARD SERVICES or Plaintiff indicating any dispute as to the amount that is the subject matter of Plaintiff’s Complaint.

ANSWER NUMBER 1: Objection: Request Number 5 is a subset of Request Number 1 and is duplicate and repetitive in nature.

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. Any correspondence would be reasonably expected to be held by the Plaintiff as ordinary business records in the ordinary course of their business, if they ever existed.

ANSWER NUMBER 3: Objection. The Plaintiff is seeking statements that are of nature that would require an admission as to any legal relationship between Plaintiff and Defendant. The burden of proof as to the extent or nature of the existence of any relationship rest solely with the Plaintiff.

ANSWER NUMBER 4: Objection. Defendant has denied allegations, and therefore the burden of proof lies on Plaintiff.

ANSWER NUMBER 5: Objection. Answer calls for testimony.

6. Any and all bills or statements received by Defendant(s) itemizing purchases made and balance due on the account that is the subject matter of the Plaintiff’s Complaint.

ANSWER NUMBER 1: Objection: Request Number 6 is a subset of Request Number 1 and is duplicate and repetitive in nature.

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. Any bills or statements received by Defendant(s) would have been produced by the Plaintiff, if they ever existed. If any such documents exist, they should reasonably be expected to be held by the custody and control of the Plaintiff as ordinary business documents in the normal course of business, if they ever existed.

ANSWER NUMBER 3: Objection. The Plaintiff is seeking statements that are of nature that would require an admission as to any legal relationship between Plaintiff and Defendant. The burden of proof as to the extent or nature of the existence of any relationship rest solely with the Plaintiff.

ANSWER NUMBER 3: Objection. Defendant has denied allegations, and therefore the burden of proof lies on Plaintiff.

7. Any and all documents evidencing payments made by Defendant(s) on the account that is the subject matter of plaintiff’s Complaint.

ANSWER NUMBER 1: Objection: Request Number 7 is a subset of Request Number 1 and is duplicate and repetitive in nature.

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. Any documents evidencing payments received by Plaintiff would be reasonably expected to be held in the custody and control of the Plaintiff as ordinary business documents in the normal course of business, if they ever existed.

ANSWER NUMBER 3: Objection. The Plaintiff is seeking statements that are of nature that would require an admission as to any legal relationship between Plaintiff and Defendant. The burden of proof as to the extent or nature of the existence of any relationship rest solely with the Plaintiff.

ANSWER NUMBER 4: Objection. Defendant has denied allegations, and therefore the burden of proof lies on Plaintiff.

8. Any and all documents forwarded by Defendant(s) to WACHOVIA CARD SERVICES or regarding the Defendant(s) WACHOVIA CARD SERVICES account.

ANSWER NUMBER 1: Objection: Request Number 8 is a subset of Request Number 1 and is duplicate and repetitive in nature.

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the Plaintiff is on a fishing expedition. Any documents of a correspondence nature received by Plaintiff would be reasonably expected to be held in the custody and control of the Plaintiff as ordinary business documents in the normal course of business, if they ever existed.

ANSWER NUMBER 3: Objection. The Plaintiff is seeking statements that are of nature that would require an admission as to any legal relationship between Plaintiff and Defendant. The burden of proof as to the extent or nature of the existence of any relationship rest solely with the Plaintiff.

ANSWER NUMBER 4: Objection. Defendant has denied allegations, and therefore the burden of proof lies on Plaintiff.

ANSWER NUMBER 5: Objection. Answer calls for testimony.

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 ).

Per Rule 4:18-1. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery

( c ) Certification or Affidavit of Completeness. The person responding to the request shall submit with the response a certification stating or affidavit averring as follows:

I hereby certify (or aver) that I have reviewed the document production request and that I have made or caused to be made a good faith search for documents responsive to the request. I further certify (or aver) that as of this date, to the best of my knowledge and information, the production is complete and accurate based on (XXX) my personal knowledge and/or ( ) information provided by others. I acknowledge my continuing obligation to make a good faith effort to identify additional documents that are responsive to the request and to promptly serve a supplemental written response and production of such documents, as appropriate, as I become aware of them. The following is a list of the identity and source of knowledge of those who provided information to me:

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Any bills or statements received by Defendant(s) would have been produced by the Plaintiff, if they ever existed.

 

Have you made discovery requests yet and has the plaintiff responded?  If not, bills or statements would not have necessarily been produced yet.

 

 

 

If any such documents exist, they should reasonably be expected to be held by the custody and control of the Plaintiff as ordinary business documents in the normal course of business, if they ever existed.

 

Personally, I wouldn't include "as ordinary business documents in the normal course of business."  In an affidavit, JDB affiants always say that any records they've provided (including records that were created by the OC) are kept and maintained in the regular course of business and that they have knowledge of the records.  We point out all the time that any documents offered by the plaintiff that once belonged to the OC were not created by the plaintiff.   All the JDB did was to place another business's records into their files.

 

You don't ever want to even hint that an OC's records could be kept by a JDB in the normal course of business.

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BV80, Thanks for the response. No, I do not have any Discovery response from Plaintiff as of yet. My intention in that statement was not anything I requested in my discovery, but that Plaintiff should have access to all the prior statements and account details. They claim to own the account. The part about not stating "ordinary business documents" in response to the request for my copies of any alleged credit card applications:

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the requested documents would reasonably be expected to be retained by the Plaintiff in the normal course of their business. The burden of proving the existence of any credit applications and guarantees rests with the Plaintiff.

I can change that to state --

ANSWER NUMBER 2: Objection. The Plaintiff should already have this information; the burden of proving the existence of any credit applications and guarantees rests with the Plaintiff.

and so on as appropriate. I do understand your comment on the language of ordinary business usage. My thinking was that the item(s) isn't something that they should be asking for, they should have it. I can remove those statements and achieve the same result without using that phrase, which I know is a weapon in a counter affidavit.

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DEFENDANT’S ANSWERS TO PLAINTIFF’S REQUEST FOR ADMISSION’S TO DEFENDANT(S)

ANSWERS

1. That this is an action for damages that is within the courts jurisdiction exclusive of interest and court costs.

DENIED. No evidence has been submitted by the Plaintiff or their attorneys showing any signed documentation by the Defendant, no documentation or paperwork proving the alleged basis for any alleged damages, their legal ownership of the damaged property, a listing of how the alleged damages were calculated and incurred, any validation of the alleged damages as attributable or assignable to the Defendant, the alleged agreement governing the alleged debt.

Defendant wishes to state that without the alleged agreement to review, Defendant is unable to see if it contains therein terms, agreements or stipulations on governing laws, arbitration, dispute resolution or other remedies for the calculation of any alleged damages, ability to collect alleged interest or alleged costs, or any language as to the terms for resolution of disputes, arbitration, or statements of courts of authority.

Defendant wishes to add that any alleged damages for which Plaintiff brings this action before the Court fails to show an alleged agreement as a basis for any alleged damages, alleged interest and recovery of alleged costs, along with stipulations as to the alleged jurisdiction for any such relief. Defendant believes that no such relationship exists between the Defendant and Plaintiff, as Plaintiff has failed to provide any executed agreement between Defendant and Plaintiff for which such relief could be sought by this or any Court.

Defendant has previously sent DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2, requesting this unknown “an agreement” as stipulated in the Plaintiff’s Complaint statement #2. No such document has ever been received by Defendant.

Defendant has previously sent DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2, requesting this unknown “an agreement” as stipulated in the Plaintiff’s Complaint statement #4. No such document has ever been received by Defendant.

The Defendant wishes to add that without further documented evidence for the Defendant to review, provided by the Plaintiff or their attorney, regarding the alleged debt, the Plaintiffs’ attorneys are being either intentionally broad or attempting to have the Defendant admit to a debt that the Defendant has had no opportunity to review or validate. Without such information, the proper venue for any alleged actions cannot be determined.

2. That the Defendant(s) is/are a resident of CAMDEN County, NJ.

DENIED. The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

3. That the Defendant(s) applied for a WACHOVIA CARD SERVICES’s credit card.

DENIED. My answers are fully qualified from here down. I trimmed them out but the direction is the same throughout.

4. That the Defendant(s) opened a WACHOVIA CARD SERVICES credit card account with WACHOVIA CARD SERVICES on September 10, 2007.

5. That the Defendant(s) received a WACHOVIA CARD SERVICES card member agreement.

6. That the terms of the WACHOVIA CARD SERVICES card member agreement govern the relationship between Defendant(s), <-- that guy, and WACHOVIA CARD SERVICES with respect to merchandise and services purchased on the WACHOVIA CARD SERVICES credit card account that is subject of the Plaintiff’s Complaint.

7. That the Defendant(s) used the WACHOVIA CARD SERVICES credit card account that is the subject of Plaintiff’s Complaint to purchase merchandise and services.

8. That the Defendant(s) received credit card services from WACHOVIA CARD SERVICES.

9. That Defendant(s) accepted the benefits of the credit card in accordance with the terms and conditions of the credit card agreement.

10. That Defendant(s) made payments to WACHOVIA CARD SERVICES.

11. That Defendant(s) failed to make payments on the WACHOVIA CARD SERVICES account that is the subject of the Plaintiff’s Complaint since last pay date.

12. That as a result of the Defendant(s)’ action, the Plaintiff has been damaged in the amounts of $13,500.98 in charged off charges, and $1,460.29 in interest charges.

13. That the Defendant(s) received statement from WACHOVIA CARD SERVICES reflecting the balance due on the account that is subject of Plaintiff’s Complaint.

14. That Defendant(s) failed to object to statements itemizing purchases and reflecting the balance due on the account that is the subject of Plaintiff’s Complaint.

15. The Defendant(s) owe(s) the Plaintiff the charge off amount of $13,500.98 in charged off charges and $1,460.29 in interest charges.

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 ).

CERTIFICATE OF SERVICE

The undersigned hereby certifies that the within Answer was served via U.S. Postal Service, certified mail return receipt, deposited with the U.S. Postal Service on DATE and addressed to the Plaintiff at:

Fulton, Friedman & Gullace, LLP

Leonard H Franco, JR., Esquire

33 Journal Square Suite 401

Jersey City, NJ 07306

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In my opinion, your response to #1 is way too wordy.  You're arguing the case.   Plus, your argument has nothing to do with whether or not this is an action for damages (which it is) and whether or not the court has jurisdiction.  If you don't want to even admit to that much, just simply deny it.  This is not the time to argue your case.

 

If #2 is accurate, I would admit it.  To say that a request to admit that you're a resident of your county is harassing, irrelevant, and would violate your privacy rights is not true.  It's not harassing at all, and it is relevant.  It's relevant to make sure the correct person is being sued in the correct county.

 

You need to be careful with all of your responses.  According to Rule 4:23.  "an evasive or incomplete answer is to be treated as a failure to answer."

 

I'm not saying you shouldn't object to certain requests.  Just read the requests carefully.  Anything that you can honestly answer without admitting to the debt, do so.  Also, make sure you completely understand your objections and that they apply to the particular request. 

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I'm with you, which is why I took a Red Bull, a Five Hour, and posted my first drafts here for review. I'll let them sit and go over them in a day or two with a different light of day. I'm doing the responses to the first set of Interrogatories, and its pretty much the same questions as the Admissions.

Yes, as to the Rule, it does require a specific Answer to Deny or it is an Admit. And yes, don't try the case. I expect to have the first draft contain an over abundance of an answer, and then trim as necessary. That being said, I am not a fan of simple language Denied answers with no argument. Any object raised puts you on the defensive to justify your stance. You are right though, that it requires a middle ground in terms of length vs too brief.

I am however also not a fan of the See answer to #3 response. In the day and age of typewriters, yeah that might have save time for a pro se in court. But, with a word processor, type is cheap. And the more words on the pages, the more ti8me it takes the other party to go through the responses, if they do so. I am sure this is discussed somewhere on here for whats the best practice recommendation, but if you answer in some detail, its information for you to review in your trial preperations.

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I can understand not being a fan of the simple answer, but just remember that sometimes less is more.

 

In any case, just take this into consideration.  You want the judge to see you as the cooperative party who followed the rules.  That doesn't mean you can't object and challenge, but you have to be careful.

 

Let Asset be the ones to tick off the judge.

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1. Please state your full name, social security number, date of birth, current home address, home telephone number, place of employment, address of place of employment, and position held at place of employment.

ANSWER: Gave name address and telephone number. Other sub part items: The question is improper. The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

2. Please state each and every address you have resided at since September 10, 2007 as well as the beginning and ending dates that you resided at each address.

ANSWER: Name, address and telephone number. As to other addresses, The question is improper. The Defendant objects on the grounds that the information is voluminous in nature, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

3. Set forth the full name, street address and telephone number of each and every individual who has knowledge or claims to have knowledge concerning the allegations contained in the Plaintiff’s Complaint or any defense or counter-claims thereto, and set forth the information held by each individual.

ANSWER: The question is improper. Defendant has not completed discovery, and any answer would be premature as Defendant has not finalized a list of individuals to be deposed or subpoenaed to appear before the jury trial for this matter.

4. Set forth the full name, street address and telephone number of each and every individual you intend to call to testify at trial in this case.

5. Identify by name and location each and every document that you intend to proffer into evidence in this case.

6. Please state whether Defendant(s) purchased goods and services on the WACHOVIA CARD SERVICES credit card account that is subject matter of Plaintiff’s Complaint.

7. Please state whether Defendant(s) made any payments on the account that is the subject matter of plaintiff’s Complaint. If yes, state the number of payments and the amount of each payment. Attach any evidence of payments that supports your statements made herein.

8. Please state the name and address of each banking institution at which you have held any account from September 10, 2007 through last pay date, the types of accounts held at each institution, the beginning and ending dates you held the accounts and the corresponding account numbers.

9. Please state whether Defendant(s) received statements, bills, invoices, or dunning notices requesting payment on the account that is subject of Plaintiff’s Complaint.

10. Please state whether Defendant(s) disputed the charges submitted by WACHOVIA CARD SERVICES for purchases made on the account that is the subject matter of Plaintiff’s Complaint. If in writing, please attach all documentation.

a. If Yes, please enter the names of Defendant(s) and/or representation of the Defendant(s)who communicated the dispute, the representative of WACHOVIA CARD SERVICES and/or ASSET ACCEPTANCE , LLC to whom the dispute was communicated, and the dates on which the dispute was communicated.

11. Identify by name and location each and every document forwarded to WACHOVIA CARD SERVICES objecting to any of the charges, or advising the Plaintiff and/or WACHOVIA CARD SERVICES of any set-offs.

12. State the full name of each and every person who you believe acted on behalf of the Plaintiff, with which Defendant(s) had any contacts regarding the subject matter of Plaintiff’s claim or any defenses, set-offs, or counter claims you have thereto.

13. Set forth the factual basis for each and every defense and/or counter-claim you asset against Plaintiff’s claim.

ANSWER: (Listed answers to Complaint)

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 willfully false, I am subject to punishment

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