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Pressler & Pressler with their BS interrogatories


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Hello , I am being sued in civil court in NJ by Pressler and Pressler on behalf of Discover, I did respond to the intial summons please see below

 

Orginal complaint / summons had 3 questions was filed on 8/2013

 

 

1. Plantiff is current owner of defendants discover bank account ending in last 4 digits 1234 which is in default

2. The last 3 digits of the social security number of the defendant Jane Doe , are 123.

3. The plantiff is seeking from the defendant on the above account the sum of 0000.00

 

Whereof , plantiff demands judgment for the sum of 0000.00 plus costs

 

I certify that the matter in controversey 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.

 

                                                                                  signed by lawyer

 

 

MY ANSWER TO THE COURT

                   

 

Civil Action Answer 

 

 

 

Discover Bank

 

vs.

blah blah

123 anywhere ave

abc Land ,

 

Defendant's Answer to Complaint:

 

Allegation 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.

Allegation 2: Admit

Allegation 3: Denied: This request calls for admission of matter defendant has denied and thus it is improper.
  
FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

AS AND FOR 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. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the signed contract, account statements and purchase receipts to prove the amount of the debt.

 

3. Plaintiff fails to state a cause of action against the defendant.

 

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

 

I certify that the matter in controversy is not the subject of any other court action

Arbitration proceeding, now pending or contemplated and that no other parties should be joined in this action

 

 

 

___________________________________                                                         _______________________

 (Signature)                                                                                                                                 Date

 

___________________________________

 

 

 

 

 

well I just recieved a certified letter with interrogatories and request for admissions to be answered I have no experience with this .So now I need help on how to answer these .

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HERE ARE THE INTERROGATIONS I RECEIVED CERTIFIED MAIL TODAY 10/2013 . YES I DID SIGN FOR THESE !

 

Demand is hereby made of Defendant (s) for Certified answers to the following Interrogatories within the time prescribed by the rules of this court .

 

Each question below requests an answer or information relating to DISCOVER BANK credit card , Account number 12345678910 , and your response should be directed therto.

 

  1. Set forth in detail each defense  which the defendant has to the above – entitled cause of action and in detail , give the factual basis for each , setting forth dates , places , names , addresses of persons present , or involved in the conversations , attach hereto copies of all writings.

 

ANS.

 

     2A) With respect to the first affirmative defense alleged by you in answer to the plantiff’s complaint, Please set forth:

 

         i.) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense

 

ANS.

 

         ii.) as to each such person , state his/her name , last known or present address , and telephone number.

 ANS.

 

         iii. ) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

 

ANS.

 

iv) “Identify” each and every “document” which supports , tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates , Attach

                   hereto a copy of each “document”

           

                ANS.

 

2  With respect to the second affirmative defense alleged by you in answer to              the plaintiff’s complaint m please set forth:

 

i) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense

 

ANS.

 

                ii.)as to each such person , state his/her name , last known or present address , and telephone number.

 ANS.

 

               iii.)State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

 

ANS.

 

iv) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates, Attach

                   Hereto a copy of each “document”

           

                   ANS.

 

 

2.C) With respect to the third affirmative defense alleged by you in answer to the plaintiff’s complaint m please set forth:

 

i.) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense

 

ANS.

 

                ii.)as to each such person , state his/her name , last known or present address , and telephone number.

 ANS.

 

              iii.) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such         knowledge.

 

ANS.

 

iv) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates, Attach

                   Hereto a copy of each “document”

 

              3. Do you admit that you owe the plaintiff the amount of $ 0000.00 on account number 12345678910 as set forth in the plaintiff’s complaint?

 

                 a.) If you state that you do not owe the amount set forth in the Plaintiff’s complaint , set forth the total amount that the defendant admits oweing on                         Discover Bank credit card on account number 12345678910

 

ANS.

 

b.) If your answer to this question is in the negative, state fully and in detail your reasons therefore.

 

ANS.

 

 

                   4. What , if any ,  credits , allowances or deductions do you claim to be entitled to which have not been given by the plaintiff with regard to the account which is the subject matter of plaintiff’s complaint ? In answering  this interrogatory , specify the amount of each credit , or state in detail on what you base the claim for each such credit, or state in detail on what you base the claim for each such credit , and attach copies of canceled checks and / or receipts showing proof of payment.

 

ANS.

 

                 5. Did you receive monthly , periodical statements from Discover Bank on account number 12345678910 which set forth the total balance due and owing ? Pease attach any and all statements that you have in possession pertaining to said account.

 

ANS.

 

                  6. If the defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in plaintiff’s complaint which is not elicited by the foregoing interrogatories , identify  and describe same.

 

ANS.

 

                   7.Please list all addresses at which you resided between the dates of 1/23/04 to 5/31/2013. Attach any and all documentation proving your place of residence such as copies of any electric bills , telephone bills , lease and /or mortgage agreements and a New jersey driver’s License .

 

ANS.

 

  8. Did defendant utilize a checking account in 2012 ? If yes please provide :

 

            ANS

 

  1. The name of the Bank –
  2. The account number –
  3. Any Bank statements currently in possession of defendant pertaining to same.

 

 

9. Identify all persons whom you expect to call as fact witnesses and expert witnesses at trial. As to each, state the subject matter for which they are expected to testify. As to the experts, state the substance of the findings and opinions to which the experts are expected to testify, and a summary of the grounds for each opinion.

 

 

ANS.

 

                                    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 willfully false , I am subject to punishment.

 

I certify that the copies of the reports annexed herto rendered by proposed expert witnesses are exact copies of the entire report and / or opinions rendered by them ,

That the exsistence of other reoorts or opinions of each said experts , either written or oral , are unknown to me: and if such become later known or available , I shall serve them promptly upon the propounding party

 

_________________________

name

dated :

 

 

 

 

 

 

 

 

DISCOVER BANK (plaintiff)

VS

BLAH BLAH (defendant)

 

 

 

                                                                                              Civil Action

                                                                                    Request for admissions

 

To: Me

My address

NJ , 12345

 

Request is hereby made by the plaintiff of the defendant for the admission of genuineness of the documents and the truth of the matters hereinafter set forth , within 30 days after the service hereof upon you.

 

Each question below requests an answer or information relating to DISCOVER BANK , account number 12345678910 and your responses should be directed therto.

 

Take notice that if you fail to do so each of the matters as to which an admission is requested shall be deemed admitted , unless by the above mentioned time , you have acted or otherwise moved with regard to this request in accordance with the provisions of court rule 6:4-3

 

Do you admit that :

 

  1. You applied for credit privileges with DISCOVER BANK ?

 

ANS.

           

      2. You promised to pay for the purchases made on DISCOVER BANK account number 12345678910 ?

 

ANS.

 

     3. You were extended credit privileges under DISCOVER BANK under account number 12345678910 ?

 

ANS.

 

      4. You or persons authorized by you ,  made purchases and / or received cash advances  utilizing DISCOVER BANK account number 12345678910 ?

 

ANS.

 

       5. You received monthly statements concerning DISCOVER BANK account number 12345678910 specifying previous balance , new purchases, payments, finance charges , minimum payments and new balance ?

 

ANS.

 

   

     6.You did not contest the amounts reflected in the monthly statements within the 60 days provided by the Fair credit billing sct (15 usc 1666) ?

 

ANS

 

 

      7. DISCOVER BANK account number 12345678910 which is the subject matter     of this suit went into default for non- payment ?

 

ANS.

 

 

      8. The sum of 0000.00 due and owing on DISCOVER BANK account number 12345678910 in this complaint is accurate ?

 

ANS.

 

 

    9. You agreed to pay attorney’s fees in the event the account which is the subject matter of this suit was referred to an attorney for collection ?

 

ANS.

 

 

     10. The balance set forth in the last monthly statement sent on DISCOVER BANK account number 12345678910 before referral to collection in the amount of $ 0000.00 is , in fact , due and owing ?

 

ANS.

 

 

Date 10/13

 

                                                      Pressler & Pressler

 

 

 

 

                              Certification

 

 

I am the defendant in the above – entited matter .

 

 

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.

 

 

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

Name

Dated

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1. Who is the named plaintiff in the suit?   Discover Bank

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

3. How much are you being sued for? over 5,000.00 under 7000.00

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

5. How do you know you are being sued? (You were served, right?) received a summons from salem county court

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

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

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? none

9. What state and county do you live in? Salem 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) 12/2012

11. What is the SOL on the debt? To find out: I don't know

Statute of Limitations on Debts

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). I am scheduled for court in DEC 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). 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? 30 days for interrogations

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

 

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Well, of course, if you prove the account is yours, you are saving them money.  So of course they want that as the easy way to get rich.

 

I don't know what your actual defenses should be since I don't know of "your" account.  If this is not your account, then answers can be quite different than if it is, but they have no right to collect (for example).

 

For example on an account I was sued for, which was not mine (never did business with the OC), they asked for documentation of my defense.  My answer was that "no documentation exists because I never did business with (the OC), and lack of documentation on plaintiff's part is my defense".  They apparently either discovered they would not have docs, or that the docs pointed to someone else, or were just afraid of me, and withdrew their complaint.  The judge signed their dismissal request before I even knew that.

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You need to contact an attorney.

 

For starters, you identify the Plaintiff on the complaint as DISCOVER, however, the complaint states, "Plaintiff is current owner of defendants discover bank account . . ." Also, the discovery documents are misleading and deceptive. The infer you are subject to punishment (i.e., criminal) if you fail not only to respond truthfully to the interrogatories, but to the requests for admission as well. While the rules require the interrogatories be answered "under oath," there is no such requirement for the requests for admission. Technically, requests for admission are not discovery at all, merely a tool to narrow the issues for trial. If you "deny" a request for admission which is ultimately proven to be true, you may be subject to sanctions in the form of costs and fees but not to criminal liability as the discovery documents suggest.

 

You have a good case here.

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Oh boy well lets just say it could be my account. It gets better I got a letter yesterday from Pressler & Pressler

 

that states :

 

Dear , so and so

 

The office has reviewed your answer to the complaint in the above matter and would like to discuss this case with you. Please call a representitive of " Legal Resolutions" team at

1-800-000-000 ext, 000 at your earliest convenience if you would like to discuss possible settlement

 

we look forward to hearing from you. Please be advised, however , that until a resolution is reached , the court action will continue

 

 

very truly yours

Pressler & Pressler

 

this communication is from a debt collector

 

I don't have money for a lawyer or my bills would be paid I really need help answering these interrogatories

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@jersey314

 

I know you want answers, but if Discover is not the plaintiff, then the plaintiff is a JDB.  As a result, you'd have FDCPA violations. 

 

Even if the plaintiff is, in fact, Discover, you might have FDCPA violations against the attorney for his suggestion of "punishment". 

 

First thing in the morning, call Stern.  You can also call NACA (National Association of Consumer Attorneys).    http://www.naca.net

 

If there are FDCPA violations, an attorney may take your case for free because the other party would pay his fees.  You can also contact your state bar association and ask for the lawyer referral service.  Ask for the name of a consumer attorney in your area.  Contact him, tell him the situation, and see if he (or if knows of anyone) would be interested in the case.

 

If no attorney wants to help, we'll do our best here.

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Hello thank you to everyone that has responded here is what I got in the mail today , Just don't know how to answer looks like they want me to prove the account is mine , but isn't that their job ? they brought suit?

You answer them timely, use the time you have to figure it out but don't be late answering them. They do want you to prove the account is yours; as that will be solid and admissible evidence.

 

If you read your answer, and then read their discovery request you can see how the discovery should be answered. Most of them would simply be denied. You have some time, and there are plenty of examples on here; you could take a shot at answering this and post the few hard to answer ones that remain.

 

If you have an FDCPA violation you have a year from the filing of complaint to file a suit a suit (or a possibly a little time to amend your answer and file a cross complaint). If you were served discovery request you now have less than 30 days to answer (check your rules)

Good luck.

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

 

 

Between no cause of action and no evidence, it should be very easy to answer the interogs and admissions. Most of the admissions can be objected to based on their lack of evidence. Look at the thread I linked in post #4. Shellieh98's admissions answers will work nicely.

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  • 3 weeks later...

Here is the responses I put together will this work ?????

 

Defendant's Answer to Interrogatories:

 

 

INTERRAGATORY 1: Defendant, appearing pro se, Defendant avers that she owes nothing to the Plaintiff. The remainder of the request is overbroad and non specific, as well as premature. Defendant reserves the right to amend her answer per the rules of civil procedure as information becomes available. Defendant, after a diligent search, can find no such documents or any documents purporting to establish the validity of the Plaintiff's claim.

 

INTERRAGATORY 2A: Defendant, appearing pro se.  All allegations of the Complaint are denied unless expressly admitted herein.
 

INTERRAGATORY 2B: Defendant, appearing pro se all allegations of the Complaint are denied unless expressly admitted herein.
 

INTERRAGATORY 2C: Defendant, appearing pro se, Defendant avers that she owes nothing to the Plaintiff. The remainder of the request is overbroad and non specific, as well as premature. Defendant reserves the right to amend her answer per the rules of civil procedure as information becomes available. Defendant, after a diligent search, can find no such documents or any documents purporting to establish the validity of the Plaintiff's claim.
 

INTERRAGATORY 3:  NO DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

 

INTERRAGATORY 4: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant is unaware of any such documents and therefore cannot produce said documents.

 

INTERRAGATORY 5: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant is unaware of any such documents and therefore cannot produce said documents.

 

INTERRAGATORY 6: DENIED This request calls for admission of matter defendant has denied and thus it is improper.

 

INTERRAGATORY 7 : 212 Harvey Ave , Marcus Hook , Pa 19061

                                         28 Lippincott Ave , Pennsvile , NJ 08070

 

The supporting documentation requested is irrelevant to this matter, and is privileged and confidential. Obviously the Plaintiff knows where the Defendant currently resides.

 

INTERRAGATORY 8: SOVEREIGN BANK , ACCT # 0801053641.  There is a charge levied by the bank for a copy of each statement which I am unable to pay at this time

 

INTERRAGATORY 9: Defendant, appearing pro se all allegations of the Complaint are denied unless expressly admitted herein

 

                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 willfully false , I am subject to punishment.

 

I certify that the copies of the reports annexed herto rendered by proposed expert witnesses are exact copies of the entire report and / or opinions rendered by them ,

That the exsistence of other reoorts or opinions of each said experts , either written or oral , are unknown to me: and if such become later known or available , I shall serve them promptly upon the propounding party

 

_________________________

name

dated :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant's Answer to Request for Admissions:

 

Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Admissions and Interrogatories states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

REQUEST 1: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 2: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 3: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 4 : DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 5 : DENIED This request calls for admission of matter defendant has denied and thus it is improper.

 

REQUEST 6:  DENIED This request calls for admission of matter defendant has denied and thus it is improper.

 

REQUEST 7: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 8: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 9: DENIED Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

 

 

 

REQUEST 10 : DENIED Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. This request calls for admission of matter defendant has denied and thus it is improper.

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@jersey314

 

Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

 

An admission doesn't contain an allegation.   See what your rules say about admissions and not being able to admit or deny.  If they what most rules say, I might state:

 

After a reasonable inquiry, Defendant is without sufficient knowledge to admit or deny.   Based upon the foregoing, Defendant denies.

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You mean your responses to their admissions, yes I think so. As far as the interrogatories, I would absolutely not give them your bank account info. Object and make them get a court order for it. They shouldn't need documentation from you to prove their allegations.

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thank you thank you so much I am changing the interrogatories now here is my answer to the bank info 

 

INTERRAGATORY 8:

Objection On the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant

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are my request for admission ok ?

I see denied on all of them, so I would think they are OK. .

 

The main thing is that you get all of this in on time. It is not filed with court anyway. You deny everything, produce nothing, and respond timely. I did not read much of the interrogatories, but the same goes for them. Just answer the question and admit to nothing and produce nothing. Object to personal information (unless it does not damage you and you want to answer it).

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