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Hi there,

 

I am new here, but, know from reading the posts on this forum, that I am in the right place to get the help I need.

I am so very impressed by the extensive knowledge of the members on legal issues. After many sleepless nights, you have given me hope that I can get through this situation. Here's my issue: I am being sued by a JDB (Asset Acceptance & Midland) in the NJ Special Civil Part Court, with trial date a week and a half away.

 

First, I made sure to answer the complaint by the Court's deadline. Then, I received and answered interrogatories. I then sent Request for Admissions and Request for Production. In the meantime, Plaintiff's attorney left me two messages trying to settle the case, which I do not want to do.

 

In response to my request for Discovery, I received a brief note stating that Plaintiff will not be responding to Defendant's Discovery Requests, as they are not in compliance with the NJ court Rules. What exactly are the

deadlines and time frames for Rules of Discovery in NJ Special Civil Part Court?

 

I made sure to  find out the appropriate way to request Discovery and thought I had done it properly. Unless there is some procedural error that I don't know about, I'm unclear as to why I am not in compliance with the rules of Discovery. The only thing I can think of is that maybe I missed the deadline, as I have many health problems and am also trying to take care of my son, who also has multiple health problems and has been in the hospital. Now, I just don't know what to do next.

 

I have done my best to try to handle this myself, as I have many health issues and am on permanent disability, which is my only income. The stress this is causing has caused my health to decline even further. I know that I may need an attorney, at this point to unravel this situation, but, because of my financial situation, don't know if this will be possible.

 

This is quite frustrating because I know my rights and I know that this JDB is not entitled to a penny, let alone entitled to even set foot in the courtroom. It's just so frustrating.

 

Any help or suggestions would be so very much appreciated.

 

Many thanks to all for your time and assistance.

 

 

 
 
 
 
.
 

 

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If you please:

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

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

11. What is the SOL on the debt?

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).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

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.

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?

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

Also, if you are on disability, you are judgment proof. Answering the above questions really allows people to better understand the depth of your situation. Keep reading, and don't give up.

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Thanks so much Hotwheels 96.

Here's the info requested: 

 

1. Who is the named plaintiff in the suit?
    Asset Acceptance, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
    Fulton, Friedman & Gullace & Midland
3. How much are you being sued for?
    $2500
4. Who is the original creditor? (if not the Plaintiff)
    GEMB
5. How do you know you are being sued? (You were served, right?)
    Received Complaint. 
6. How were you served? (Mail, In person, Notice on door)
    Served by 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?

    None.
9. What state and county do you live in?

    NJ, Middlesex County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
      ?
11. What is the SOL on the debt? 
      6 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).
      Motion 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? 
      Responded - 35 days. Civil Action Contract. Received interrogatories and answered them.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as                 exhibits.

      Bill of sale from OC. Affidavit of sale. Certificate of Conformity. Another Bill of Sale to current owner which is Plaintiff.

 

Thanks, again so much for your help and support. :)
 

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So is is Asset Acceptance or Midland?  This is on Midlands website.

 

This is under "our Pledge"

 

Article 3: Forgiveness and Hardship Guidelines
a. We will cease collection activities when a consumer’s account is proven to be the result of identity theft, and will instruct credit reporting agencies to delete any references we have reported for the account from the consumer’s credit reports.

b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets.

c. We will suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues.

d. We will suspend collection activities when a consumer is a direct victim of a natural or other catastrophic disaster.

e. We will strive to offer consumers who have entered into a settlement agreement with us a reasonable grace period when they encounter unforeseen circumstances, such as job loss.

 

So we can help you fight this, but I would first suggest you call the lawyer and tell them you do not believe this is your debt, HOWEVER you read (quote from above) on midlands website, and you are on disability, and have many health problems.  See what they have to say.  If they don't stop collecting, I would just go to the BBB and where ever elsi I could calling them out.  Then you can come here and fight, and win. ;)

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You might want to take a look at arbitration in the thread below.

 

 

The cost strategy of arbitration and why it works for the consumer

 

http://www.creditinfocenter.com/community/topic/309878-the-cost-strategy-of-arbitration-and-why-it-works-for-the-consumer/

 

 

It costs the junk debt buyer a lot of money to arbitrate, so for a relatively small account like yours they will usually throw in the towel.

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Thanks, for your help Shellieh98.

 

Asset Acceptance is the Plaintiff, who is now being represented by Midland.

Previously, they were being represented by a law firm. Funny thing

is that the same lawyer works for both! It's confusing to me.

 

I appreciate your suggestion about Midland's Forgiveness and Hardship Guidelines.

Will see how that goes. 

 

Thanks, again for the helpful information.

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Midland bought Asset Acceptance last year and they are the plaintiff.

 

I'm not saying it will not happen but I would not put much faith into Midland's pledge.

 

You don't have much time before your trial.  Either file for arbitration or ask for an extension while you work the pledge angle.

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Thanks So much Public Enemy,

 

Yes, don't have much time. How would I go about getting an extension? I'm sure I would have to have a good enough

reason for the judge.

 

I still wish I knew why Plaintiff said I was not in compliance with Discovery Rules in NJ Court. As I said before, the only

thing I can think of is that I may have missed the deadline, but, I'd like to know for sure what deadlines are.

 

Does anyone know if there is a certain time limit as to when you are able to request Admissions and Discovery? I can't

seem to find this info anywhere. Getting Admissions and documents from Plaintiff would definitely have made my case

much stronger.

 

Now, since I don't have any Discovery from them, that makes it difficult. Any help regarding Discovery deadlines and limits

from anyone would be very appreciated. 

 

Many thanks!

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You are on permanent disability and have (both you and your son) significant health issues.

 

Call the Clerk of Court. Tell them that. Tell them that you need an extension, because it's your understanding that the Plaintiff will not collect from you because of the above.

 

Find out if there is a format, or if you need to contact the attorney, directly.

 

I was in a car accident 9 days ago, and have a concussion. I can spend very limited time reading before I get a raging headache. The Clerk of Court in my county said to send a letter to the attorney, simply stating, "I am currently medically unable to respond to this suit."

 

For you, you might say, "I am medically unable to respond to this suit," and attach a copy of Midland's "pledge."

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It's been my personal experience that neither the courts nor the plaintiffs give two, well you know, about a defendant's physical disabilities. I've rolled into plenty of hearings and even told my current plaintiff I'm currently on disability. All I heard was crickets and all I got was a shoulder shrug.

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Thanks, HotWheels96.

 

I appreciate your input.

 

I am now totally discouraged and not sure what to do.

Just want to give up.

 

Seems like there is no viable answer for me.

 

Thanks, anyway.

My post was not meant to be discouraging, it was meant to be enlightening. I've heard too many stories where a defendant assumed they would be treated differently because of a medical condition. It would be cruel for those of us who know better to allow that misinformation to continue to harm more people. That said...

You NEVER give up! If I gave up because of my circumstances, I would not have the numbers I have. I have been through 6 cases, and won each. We can never bow down because things are hard. We're stronger than that and you know that deep down inside or you wouldn't be here, you would have given up before even looking on how to overcome this.

It's just really important that people understand they don't care what your circumstances are. Keeping that in mind, it tends to give us a heads up. They don't even expect the fight we end up giving. It totally blindsides them.

You are judgment proof if you get disability. That was the last thing I said to you in the VERY FIRST post to you. Go back and read my first post to you...I'll wait I promise. :)

Now, the next info to you, from @shellieh98 was that if you notify them of that fact, they are supposed to cease collection attempts. Did you attempt that?

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Here are your deadlines.  Did you miss them in your requests?  I would send a meet and confer, and then file a compel motion if you are still within the time to request discovery.  Only give them a few days after the meet and confer to respond to you, if you have time left, you want to be sure you can compel, if they don't provide, then everything you ask for will be precluded on objection.

 

4:24-1. Time for Completion of Discovery
  • (a) Originally Named Parties. Except for proceedings under R. 4:11 (depositions before action or pending appeal), and R. 4:22 (request for admissions) and except as otherwise provided by R. 5:5-1(e) (civil family actions), all proceedings referred to in R. 4:10-1 to R. 4:23-4 inclusive shall be completed within the time for each Track as hereafter prescribed counting from the date the first answer is filed or from 90 days after the first defendant is served, whichever occurs first: Track I -- 150 days; Track II -- 300 days; and Tracks III and IV, except as otherwise provided by R. 4:69-4 -- 450 days. If an originally named party has been unable to be timely served, an extension of discovery may be sought pursuant to paragraph © of this rule.

  • (B) Added Parties. A party filing a pleading that joins a new party to the action shall serve a copy of all discovery materials on or otherwise make them available to the new party within 20 days after service of the new party's initial pleading.  If a new party is joined, the scheduled discovery end date shall be extended for a 60-day period, unless reduced or enlarged by the court for good cause shown.

  • © Extensions of Time. The parties may consent to extend the time for discovery for an additional 60 days by stipulation filed with the court or by submission of a writing signed by one party and copied to all parties, representing that all parties have consented to the extension. A consensual extension of discovery must be sought prior to the expiration of the discovery period. If the parties do not agree or a longer extension is sought, a motion for relief shall be filed with the Civil Presiding Judge or designee in Track I, II, and III cases and with the designated managing judge in Track IV cases, and made returnable prior to the conclusion of the applicable discovery period. The movant shall append to such motion copies of all previous orders granting or denying an extension of discovery or a certification stating that there are none. On restoration of a pleading dismissed pursuant to Rule 1:13-7 or Rule 4:23-5(a)(1) or if good cause is otherwise shown, the court shall enter an order extending discovery. Any proposed form of extension order shall describe the discovery to be completed, set forth proposed dates for completion, and state whether the adverse parties consent. Any order of extension may include such other terms and conditions as appropriate. No extension of the discovery period may be permitted after an arbitration or trial date is fixed, unless exceptional circumstances are shown.

  • (d) Applicability. This rule shall be applicable to all actions commenced on or after September 5, 2000. In all actions commenced prior to said date, the time for completion of discovery shall be 150 days from the date of service of the complaint on each defendant or as otherwise prescribed by the applicable differentiated case management rule in effect when the complaint was filed or by court order. In any pending action, however, the parties may agree and, in appropriate cases, the court may on notice direct sua sponte that further discovery shall be limited or extensions granted consistent with this amended rule.

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MANY thanks to HotWheels96 and Shellieh98!!

 

Please forgive my delay in responding. I have been tied up dealing with health issues.

 

WOW! You really make me feel SO much better! I was feeling so very out of sorts. It's 

great to know I've got you guys in my corner. Thanks, again so very much.

 

I spoke to the the court clerk, who said the the Discovery date was until 2/4/14. I

responded long before that date, in my request for Discovery. I can't imagine what other

things were not "in compliance with NJ Court rules" as Plaintiff alleges.

 

Quite certainly, it is probably the Plaintiff is not in compliance with NJ Court Rules.

 

I am requesting an adjournment, because of complications with my health that

will make it impossible for me to make the Trial. Also, for the reason that it seems

there are procedural errors that have made it necessary to consult counsel.

 

If someone is unable to attend a Trial, due to physical problems, do you know if it is

possible to participate by phone or send someone on my behalf?

 

I know my rights, and intend to push these guys back.

 

This debt has been passed down multitudes of times to other JDB.  

 

Many thanks again for standing behind me.

 

Kbanamcara                         

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