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Please critique my Answer. Being sued by Portfolio Recovery in NJ (Special Civil)


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I have received a New Jersey Special Civil Part summons. Portfolio Recovery Associates is suing me for $843. I actually live in Pennsylvania. My answer needs to be received by 6/17/2013. Please take a look at my answer let me know what you think or if you have any other advice.

 

1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates LLC, FIA Card Services, Bank Of America

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

3. How much are you being sued for?
$843

4. Who is the original creditor? (if not the Plaintiff)
FIA Card Service, Bank Of America

5. How do you know you are being sued? (You were served, right?)
Letter was sent to a relative's house in the state of NJ. I actually live in PA.

6. How were you served? (Mail, In person, Notice on door)
I believe it was left at door.

7. Was the service legal as required by your state?
I believe for NJ Special Civil if the mail was not returned to the court it is considered legal. However, it was sent to a relative's house in NJ that I have received mail at in the past, but I actually live in PA.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Never spoke to them. May have received letters from them but never responded.

9. What state and county do you live in?
Lehigh County, PA but complaint was filed in Morris County, NJ.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I believe it was 4/1/2009 according to my credit report.

11. What is the SOL on the debt?
Six years in New Jersey.

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).
Awaiting answer.

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). 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?
Needs to be RECEIVED by 6/17.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Nothing.

 

Complaint:

 

1. Upon information and belief, the defendant(s) XXXXXX in person or through an agent, made credit card purchases or took money advances under a credit card or line of credit account or promissory note or loan in the total amount of $843.

2. Defendant(s) XXXXXX has/have defaulted and there is now a balance due and owing of $843 plus pre-judgment interest, and court costs are requested.

3. Demand has been made upon defendant(s) for payment, but payment has been refused.

4. Plaintiff is the current owner of the debt and retains all rights, title and interest to the debt.

5. This debt originated with FIA CARD SERVICES, B.A. BANK OF AMERICA. The last four digit of the original account number of the debt is XXXX, and the last four digits of the Defendant's Social Security Number is XXXX.

6. Upon information and belief, this account was sold from FIA CARD SERVICES, N.A. to PORTFOLIO RECOVERY ASSOCIATES, LLC.

WHEREFORE, judgment is requested for $843.89, plus lawful interest, plus costs of suit.

 

My Answer:

 

Defendant, XXXXXX, answers Plaintiffs’ Complaint as follows:

ANSWER

1. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 1, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof.

2. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 2, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof.

3. Deny. Defendant denies the allegations contained in paragraph 3 of the Complaint as there is not, nor has there ever been any communication or agreements, written, oral or implied with the Plaintiff and Defendant. The Plaintiff states in their Complaint that the Defendant refused to make payment, Defendant denies such refusal and leaves the Plaintiff to provide proof.

4. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 4, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof.

5. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 5, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof.

6. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 6, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof.

 

AFFIRMATIVE DEFENSES

1. While admitting no liability, the Defendant pleads the Plaintiff's complaint fails to state a claim as the Plaintiff has failed to provide prima facie evidence they have standing to bring this action.  

2. Defendant does not reside in the County or State in which the Complaint was filed. Plaintiff's complaint must be dismissed on grounds of improper venue. By way of further answer, Defendant’s correct address is XXXXXX.

3. Plaintiff's claims are barred due to improper service of process. Complaint was not properly served at the correct address where the Defendant resides.

4. While admitting no liability for the underlying debt which is the subject matter of this lawsuit, even if the Court were to assume the facts as pleaded by the Plaintiff are factually correct and undisputed, the Plaintiff has filed their lawsuit after the expiration of the statute of limitations for the cause of action which they allege the Defendant is liable to the Plaintiff.

5. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

 

WHEREFORE, Defendant respectfully demands that the Complaint be dismissed with prejudice.

 

CERTIFICATIONS

I certify 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 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 pleading was served by United States Postal Service Certified Mail, deposited to United States Postal Service on June 11th, 2013 and addressed to:

XXXXXX

Dated:                             

 

-------------------------

 

So that is that. Do you guys have any suggestions? This debt may be legitimate but the "original account number" listed in the complaint is not familiar to me. Reading this forum has been immensely helpful up to this point. Thanks!

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How long have you lived in PA? Is there any reason they should be able to sue you in NJ? For example, have you been in PA less than a year, do you have a NJ drivers license, stuff like that.

 

I used to live in NJ a few years ago and that is where I would have opened any credit cards. I then moved to FL for a few years and in September of last year I came back to NJ, forwarded my mail there, but a month later moved to PA. So it's been less than a year that I've lived in PA, but I have a PA driver's license (issued in march of this year, about a month before the complaint was filed). I also work in PA, have a resident insurance license for the state of PA, and have a CCW for PA.

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It's filed in NJ so I guess I have to fight it there. But as far as my understanding, it would probably be better to have it filed in PA because the SOL is only 4 years (which has passed) and wages cannot be garnished here.  Am I able to get it transferred and is it my responsibility to make it happen? If I can prove I live in PA, can the Plaintiff retract their complaint and re-file in PA? Can it still proceed in NJ court even if I prove I don't live there? 

 

And I did use that site in preparing my answer after seeing them mentioned here a bunch of times. Thank you.

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It's filed in NJ so I guess I have to fight it there. But as far as my understanding, it would probably be better to have it filed in PA because the SOL is only 4 years (which has passed) and wages cannot be garnished here.  Am I able to get it transferred and is it my responsibility to make it happen? If I can prove I live in PA, can the Plaintiff retract their complaint and re-file in PA? Can it still proceed in NJ court even if I prove I don't live there? 

 

And I did use that site in preparing my answer after seeing them mentioned here a bunch of times. Thank you.

 

For BofA, the SOL in PA is 3 years. We have the Uniform Statute of Limitations on Foreign Claims Act.

 

If you want to get it out of NJ, you'll need to file a motion to dismiss for lack of jurisdiction. Seems to me you've severed all ties to NJ. It should fly.

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