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Pressler provided false info in Statement of Material Facts


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Hi everyone,

 

        I am being sued by Pressler and Pressler for Midland in NJ.  They filed for summary judgment but provided false information that I can easily prove is false from there own interrogatories.  What should I do?  File motion for dismissal with Prejudice maybe?  Is this not perjury?  Any help is greatly appreciated.

 

Thanks

 

 

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They filed for summary judgement, included in their motion was a statement of material facts.  In the statement the pressler stated that I admited to owning and oweing the debt, which I absolutly did not and can prove it with their own documents.  Could this be reason for dismissal?  Preferably with prejudice. 

 

 
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You need to file a response to the motion and show the court that their allegations are without merit.  To defeat their MSJ all you need to show is that there are still outstanding material facts that must be decided at trial, you don't need to expect to win the case here.  If you are successful they will most likely drop the suit before trial (possibly even on the trial date.)  Include an affidavit with your response. 

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 1. Who is the named plaintiff in the suit? Midland although on one document it was listed as pressler and pressler

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

3. How much are you being sued for? 5800

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

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

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


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

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?

told them all my depts were settaled 2 years ago, which I think/thought to be true.

9. What state and county do you live in? NJ, Mercer

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

don't know

11. What is the SOL on the debt? To find out:
6 yrs
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).

they were awarded summary judgement with out oppisition.  This was due to a clerical error in the clerks office and my oppisition is now being reviewed by the judge, according to the clerks office.

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?  Waiting for answer from court on summary judgement but was told I could file for dismissal before I recieved an answer

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.  last statement, bill of sale with no account numbers or details and said I admitted to owning debt.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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You need to remember who you are dealing with here.  Junk debt buyers are the lowest of the low and their whole industry is based on fraud.  These scumbags will do anything and everything to try to pick you dry and they use such tactics on a daily basis- lawful/ethical or not- they simply don't care.  They assume you don't know what to do when faced with a MSJ or hope you don't even know what one is. 

 

If you have proof of the after hours calls then you definitely have grounds for a countersuit which is excellent leverage to get them to dismiss.  Other than that this is a civil court case and you need to go through the proper procedure to prove them wrong.  Unfortunately it is not so simple as to just tell the judge that they are liars.  

 

You didn't say when they filed the MSJ or if an oral hearing has been scheduled but you need to get your response filed as soon as possible.

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Thanks again for your help Tex,

 

        They have won summary judgment unopposed, but the judge never saw my opposition because it was caught in the document que, according to the clerk.  It was in on time but was not filed by them in time.  I was told to send a motion to vacate the judgment explaining what had happened and the judge would then reconsider the judgment.  I sent the motion about a week ago.  I called today and they said it was still under review by the judge.  I was considering trying to file a motion for dismissal because I can prove that the lawyer for the plaintiff knowingly falsified the statement of facts and omitted interrogatories that would have shown this in his request for summary judgment.  I did point this out in my opposition already along with the fact that they have not provided proof of ownership of the dept or that I am responsible for the debt.  You think I should just wait to see what happens next?  I am worried they will drop it then try to bring it against me again in a few months.

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Tex,
         I did include an affidavit, but it was not notorized.  Does it need to be notorized?

Shellieh,
         I used to live in CO and I really miss it.  I have not asked for discovery but I will now.

It's crazy to me that the plaintiff/lawyer can knowingly provide false information in an official court document.  When a lawyer submits court documents are they not under oath?  I understand all lawyers are paid to lie but isn't it a problem for them when they are caught?

I really appriciate your help.

If there is anything I can do for you please let me know.  I am an electrical designer/solar designer.
 

 

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To beat a motion for summary judgement all you have to do is show that there some material facts that have not yet been discussed or proven. You could also use those false statements in your Defendants answer to Plaintiffs motion for summary judgment. Summary is not hard to beat. Just show the court that you did not admit to the debt nor did you admit to the alleged amount.

 

Summary judgment shall be view in the light most favorable to the non moving party. The moving party bears the burden of proving that there are no genuine issues of material fact. You have to show the court that there is an absence of evidence to support their motion for summary.

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Thanks again for your help Tex,

 

        They have won summary judgment unopposed, but the judge never saw my opposition because it was caught in the document que, according to the clerk.  It was in on time but was not filed by them in time.  I was told to send a motion to vacate the judgment explaining what had happened and the judge would then reconsider the judgment.  I sent the motion about a week ago.  I called today and they said it was still under review by the judge.  I was considering trying to file a motion for dismissal because I can prove that the lawyer for the plaintiff knowingly falsified the statement of facts and omitted interrogatories that would have shown this in his request for summary judgment.  I did point this out in my opposition already along with the fact that they have not provided proof of ownership of the dept or that I am responsible for the debt.  You think I should just wait to see what happens next?  I am worried they will drop it then try to bring it against me again in a few months.

 

You can't file a motion to dismiss until the judge vacates the MSJ. If your motion to vacate fails, you'll need to appeal.

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Thanks for the reply Spikey,

 

        The clerk’s office told me to file a motion to vacate.  They said it was their mistake and the judge would review my original opposition if I did.  In my original opposition, I opposed summary judgment because; they have not supplied sufficient documentation to prove they own the account or that I am now or ever was responsible for the account.  I also pointed out that they intentionally provided false information, that was contrary to my interrogatory answers, in their ‘Statements of Material Facts’ document they included in their motion for summary judgment.

 

        When I called to ask the status they told me I could file the motion to dismiss now.  But the advice I have gotten here so far is to not file for dismissal.  So I am waiting to hear the outcome from the motion to vacate and will then request discovery as suggested by Shellieh. 

 

Thank you for your help

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@BrokeInNJ A motion to dismiss is not necessarily out of the question, but if you haven't flushed out all their evidence yet, it will likely fail. The one thing in your favor right now is that you have proof in your interrogatories that they've lied. That will help you down the line with motions and trial if it comes to that.

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I wish I had but, I haven't, only answered theirs.  I will work on putting some together and will post them here for advice before I send them.  I saw some that were filed by others that I can use as a start and also add things specific to my case.

 

      Thanks

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Is there not a law against knowingly providing false information like this?

 

There are court rules.  It can be hard to do, but if you can show they intentionally lied, you might be able to get a court sanction against them.  But in the mean time file your motion to deny summary judgment showing there remains material facts to be decided (including their new lie).

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Work on beating the summary judgment first, then worry about getting it dismissed,,,,you probably won't have to work to hard on it if you beat their summary they will prob dismiss and high tail it for the hills.  Tell you son I said Semper Fi.......

 

Can you post the summary motion so we can help you with it, minus any identifying info.

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  • 2 weeks later...

Well I lost the motion.

 

it is ordered that

the motion of defendant to vacate summary judgement is denied, as defendents opposition is disingenuous at best.  While he disputes the omount and thought he paided it off he never submitted any information reflecting the same.

 

When I first answered the summons I checked did not agree with amount, because I mistakenly thought that was what I was suposed to do.  I explained that I have no leagal knolage and that what I meant by checking that was that I didn't think I owed anything at all.  I requested that the plaintiff show all the documented proof, but I guess judge McManimon leans tward the plaintif.

 

Is there anything I can do now?  I just started a new job and im afraide it will cause me problems if they try to garnish my wadges, plus I barly make enough to pay my bills as it is.

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  • 1 month later...

Is there not a law against knowingly providing false information like this?

15 USC sec 1692j Furnishing Certain Deceptive forms.

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. (B) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. - See more at: http://codes.lp.findlaw.com/uscode/15/41/V/1692j#sthash.7oBUpxtg.dpuf

 

Also FDCPA sec 812

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sounds like an appeal is in order,,,,get this in a higher court you may, if pleaded correctly, make a good case out of this, making a false statement in a summary motion is a big, big no no. you could even wiggle in an fdcpa violation. I would start working on an appeal you only have so long to file one.

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