NJ - Being sued by FIA Card Services via a debt collection law firm

[foreverpoor]

Hi. I need help with my case. I am being sued by FIA Card Services via a debt collection law firm. These names appear on the summons as Plaintiffs. This debt had previously been with a different debt collection law firm. I responsed to both, twice, offering to pay a lesser amount, since I know they were bought for pennies on the dollar. I never got a response. My answers to the required questions are below:

 

1. Who is the named plaintiff in the suit? Fia Card Services, N.A., also a law firm

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) I'd rather not name them in case they are on these boards.

3. How much are you being sued for? Less than $5000.00

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

5. How do you know you are being sued? (You were served, right?) I received a summons via mail.

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I wrote two form letters to each of the two debt collection firms offering an amount to pay off and close the debt. I received no response.

9. What state and county do you live in? NJ/Camden

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the paperwork in the summons, Summer 2012

11. What is the SOL on the debt? To find out: Six years

12. 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). I just got the summons in the mail a couple days ago.

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. I believe I may have with the first firm that had the debt.

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? 35 days to respond. Didn't get interrogatories yet.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A document showing that I was not/am not active military, a copy of a credit card statement from July to August of 2012 with the account number on it.

NOTE: In the Certification of Proof document, it states that the account number was xxxx before being charged off and is the number that was on the statements sent to the debt collection firm. The account number was changed and is currently yyyy.

There is no document with my signature on it showing that I signed a note or anything. Another thing I thought was odd is that there is no attorney's fees on the summons.

 

I found the Answer forms to download from the Court's website. I just want to make sure I complete them correctly. I have absolutely zero money to pay this or a lawyer, so I could really use the help of the knowledgable people here. Thank you in advance for taking the time to read and respond.

[shellieh98]

1. Who is the named plaintiff in the suit? Fia Card Services, N.A., also a law firm

Can you elaborate a bit more on this? A law firm is co- plaintiff?

Is the attorney pursing the case the same one listed as the plaintiff?

[debtzapper]

http://www.philipstern.com/resources.html

 

Read the section "New Jersey Courts" and "Example Materials."

 

 

Also from his site:

 

http://www.philipstern.com/files/

[foreverpoor]

1. Who is the named plaintiff in the suit? Fia Card Services, N.A., also a law firm

Can you elaborate a bit more on this? A law firm is co- plaintiff?

Is the attorney pursing the case the same one listed as the plaintiff?

At the top it says:

Plaintiff or Plaintiff's Attorney Information:

Lawyer XYZ name, address & phone number

 

Then a couple lines below, it says

Fia Card Services, N.A.                     Plaintiff(s)

 

                          versus

 

(My name)

 

I don't know how to tell if the law firm is a co-plaintiff. They are a debt collection firm.

[foreverpoor]

No one has any advice or knowledge? I could really use some help with filling out the Answer.

[debtzapper]

At the top it says:

Plaintiff or Plaintiff's Attorney Information:

Lawyer XYZ name, address & phone number

 

Then a couple lines below, it says

Fia Card Services, N.A.                     Plaintiff(s)

 

                          versus

 

(My name)

 

I don't know how to tell if the law firm is a co-plaintiff. They are a debt collection firm.

 

After your name, what else does it say. Scan or type out what the Certfication of Proof Document says.

[debtzapper]

Until someone else comes along, you might just do a Google search of "creditinfocenter new jersey lawsuit," or creditinfocenter new jersey summons."  You should get a number of hits.  Follow the info on the threads.

[foreverpoor]

Can I simply check the "Other" box on the answer and write, "Plaintiff does not have proof that I owe this debt."? Or, "I deny owing this debt."?

[shellieh98]

Ok I don't know the rules for your state, so google NJ rules of civil procedure. The table of contents should have a section on answering the suit. Find out if you can answer using a general denial, or if it tells you if you have to answer each charge separately. Then do a denial. Deny everything except your name, and venue if it is correct. Post it here first before you file it.

[foreverpoor]

This is what this website: http://www.nj.gov/oag/dcr/downloads/rules_of_practice_and_procedure.pdf says about answers. It is not clear to me how exactly to deny. Do I deny that I owe the plaintiff money (the plaintiff is two agencies removed from the actual creditor. The debt was sold twice.)?  Do I bring up here that there is no document in the complaint with my signature agreeing to the terms of the credit card company? Or is that saved for later? I'm running out of time to file this answer. Do I say something like, "I deny owing money to the Plaintiff. The Plaintiff has not provided proof that I have a debt or agreement with Plaintiff."

 

SUBCHAPTER 3. ANSWERS

13:4-3.1 Time for Filing Answers

(a) Respondents shall file an answer and

response to the Document and Information

request with the Division within 20 days after

service of the verified complaint and Document

and Information Request.

( Respondents that fail to file an answer and/or response to the Document and

Information Request within the time period provide

d by these rules shall be subject to the default

procedure set forth at N.J.A.C.13:4-5.1 et seq.

© Extensions of time for filing an answ

er and/or responding to the Document and

Information Request may be authorized by the Di

rector upon good cause

shown. Requests for

extensions of time shall be in writing and addressed to the Director.

13:4-3.2 Form and Contents of Answers

(a) The answer to the verified complaint sha

ll fully and completely advise the parties and

the Division as to the nature of the respondent’s defenses to each claim asserted, and shall

admit or deny the allegations set forth in the veri

fied complaint. Denials shall fairly meet the

substance of the a

llegations denied. A respondent who in

tends in good faith to deny only part

or a qualification of an allegation shall specify so

much of it as true and material and deny only

the remainder. The respondent

may not generally deny all the allegations but shall make the

denials as specific denials of designated allegations.

(

Allegations in any answer

setting forth an affirmativ

e defense shall be taken as

denied.

© Respondents shall promptly notify the Di

vision of any change in address or other

material change in the status of the responde

nt (such as a bankrupt

cy filing or ceasing to

operate as an ongoing concern) at all time

s while the verified complaint is pending.

13:4-3.3 Service of Answers

(a) Respondents shall serve a copy of their an

swer on the complainant(s) pursuant to the

procedure set forth at N.J.A.C. 13:4-7.5 with

in three days of the filing of the answer.

( Respondents shall within five days of serv

ing an answer file a certification with the

Division attesting that such

service has been completed

[foreverpoor]

**UPDATE**

I filed my Answer with the Court and sent a copy to the defendant's attorney last week. Today I got a card in the mail that says a non-jury trial is scheduled for next month??! No interrogatories or anything?? Also, I cannot get to court at the time on the card. What are the chances they'll change the time if I call?