Jump to content

Sued by Pressler &Pressler (Midland Funding LLC)--HELP!


kmercy
 Share

Recommended Posts

Hi everyone!

 

I've been reading, and reading and READING about how to go about this law suit and I'm dizzy with all the information.

 

I'm being sued by Pressler for a sum under $3,000 for a Chase CC that was charged off in 2011. I was served my documents in Sept., I filed my answer at the beginning of October and I am now ready to send out my response to their Interrogatories, which will be today actually.

 

The court scheduled a date for early January.

 

What I'm trying to figure out is what to do now after I send out my answers? I want to win this case but when it comes to this law stuff I feel STUPID!

 

 

Please help in whatever way you can! I beg of you -LOL-

 

 

So, it's been a rough few years. Last month, just as things were starting to pick up, I was served by Midland - talk about bursting my bubble. So, I'm getting ready to address this and have spent a great deal of time on this site researching this kind of suit. Time to ask for some advice, my details are as follows:

 

1. Who is the named plaintiff in the suit?

Midland Funding LLC

 

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?

>1300

 

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

CHASE

 

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

Served with summons

 

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

In person, through postal service

 

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?

May have spoken to them on the phone

 

9. What state and county do you live in?

Hudson 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)

2010

 

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

I believe 6/7 years

 

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).

Summons was delivered, Answer filed.

 

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?

I have already responded to the suit.

 

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

None.

 

Link to comment
Share on other sites

DOCKET#

Pressler and Pressler, LLP

Attorney of

MIDLAND FUNDING LLC

File#

Plaintiff,

VS.

MY NAME

Defendant.

IN THE DISTRICT COURT OF

Special Civil Division

HUDSON COUNTY, NEW JERSEY

DEFENDANT'S RESPONSES

TO PLAINTIFF'S SET OF INTERROGATORIES

Dated: 11/04/2013

TO: Plaintiff(‘s) Midland Funding, by and through its attorney of record, Pressler and Pressler, 7 Entin Rd, Parsippany, NJ 07054.

Pursuant to Rule 6:4-3 of the New Jersey Rules of Special Civil Part Procedure, Defendant, MY NAME submits the following answers to Plaintiff Midland Funding set of Interrogatories.

GENERAL OBJECTIONS:

Defendant objects to the instructions and definitions contained in Plaintiff Midland Funding Set of Interrogatories because, as applied to specific discovery requests, they cause the requests to be overly broad and global, vague and ambiguous, unduly burdensome, and to seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these general objections, Defendant responds to the specific interrogatories as follows:

RESPONSES:

Interrogatory No. 1:

Set forth with specificity all facts in support of each defense and or claim which the defendant has in the above-entitled matter including dates, places, names, and addresses of persons present or involved in any actions and/or conversations.

ANS.

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.

Interrogatory No. 2:

Attach copies of all writing, documents, or any other records which relate to said account or in any way support any defenses or claims, including, but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications and any letters sent to or received in connection with the subject account.

ANS.

Defendant, after a diligent search, can find no such documents, nor any documents purporting to establish the validity of the Plaintiff's claim.

Interrogatory No. 3:

Attach any documentation evidencing defendant's mailing address(es) between 1/16/06 to 9/14/09, which should include but is not limited to copies of energy or water bills, telephone bills, lease(s) and or deed(s)/mortage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.

ANS.

Defendant provides the following addresses:

 

*INSERTS ADDRESS HERE*

 

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

CERTIFICATION

I certify that foregoing statements made by me are true. I am aware that if any of the forgoing statements made by me are willfully false, I am subject to punishment.

I certify that the copies of reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report and/or opinion rendered by them; that the existence of other reports 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 propounding party.

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

MY NAME

Dated: 11/04/2013

 

 

How did you answer their discovery? Hopefully vague.  Next you may want to send out some of your own discovery to them.  There are lots of examples here, do a search for defendants request for documents, should bring up some examples.

 

I attached my reply above. I havent gone to the post office as of yet so I can still edit it if it needs editing. I used an example I found on here but added the information relevant to my case.

Link to comment
Share on other sites

here is a list of document requests, you can pick and choose what is applicable to your case and send them off. Also you are from NJ, I believe Phil Stern is a consumer lawyer in your state and has a website, I don't have the link, but he has a bunch of examples of requests, motions, etc. posted within his site. I will see if I can find it.

lol that didn't take long, it was in my favorites. http://www.philipstern.com/files/

Edit I forgot to attach the doc requests, when I make it back upstairs to my computer I will do that lol

  • Like 2
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.