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tinumin

Am I missing something nearing first court date

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Hey guys,

 

here is the background of my case...with some questions that I would like you people to throw some light on

 

1) JDB midland suing for 2500 dlrs sent me summons , I responded back denying with affirmative defenses

 

2) Did the discovery ( still awaiting reply from them) , responded to their rogs.

 

3) I asked them for proof of debt and they asked court for 90 days for it.

 

3) I did not counter sue, should I ? can I still do ?

 

3) Now I am nearing my first court date and would like to know if I am missing anything here?

 

4) What can I expected on my first court date , like what it will be like on the first date, questions judge can ask me or their lawyer can ask?

 

5) if their lawyer does not show up , how to go about motion to dismiss?

 

6) What are the next steps for after the first court date? what happens after that 

 

 

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@BV80

yes this is the first date I got after filing my answers and we are still doing the discovery

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@tinumin

 

Check your rules, but in my state, a preliminary hearing is nothing more than the judge asking such things as whether or not discovery has been completed, if we can settle out of court, etc. 

 

In regard to their request for an extra 90 days to provide some docs, has it been more than 90 days?

 

For what would you countersue?

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thanks for the response..

 

90 days will  be completed on Oct 12th .

 

For counter sue I am asking because I read in most of the topics in this forum that one should always counter sue.. I am new to this thing and have been learning how to do this on my own..

 

my case is in NJ Superior court and amount claimed in 2500..

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You said you asked them for proof of debt. How did you ask? You need to be specific with each request. What they think they need to prove debt will be different than what you think they need.

Phil stern is a consumer lawyer in your state and has lots of good info in briefs, and other filings he has done. Book mark his site and study, as well as your rules for civil procedure. http://philipstern.com/files/

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@shellieh98

 

I am little confused with the number of interrogatories allowed in NJ , I read on the forum that if its less than(claim) 3000 dlrs it should be limited to 5 questions, my case is in NJ Middlesex county special civil part and below is the rule that I am reading but need layman translation, need guidance here guys

 

6:4-3. Interrogatories; Admissions; Production 
(a) Generally. Except as otherwise provided by R. 6:4-3(B) interrogatories may be served pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions, summary landlord and tenant actions for the recovery of premises, and actions commenced or pending in the Small Claims Section. The 40-day and 60-day periods prescribed by R. 4:17-2 and R. 4:17-4, respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in Special Civil Part actions. 

(f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

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(a) Generally. Except as otherwise provided by R. 6:4-3( interrogatories may be served pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions, summary landlord and tenant actions for the recovery of premises, and actions commenced or pending in the Small Claims Section. The 40-day and 60-day periods prescribed by R. 4:17-2 and R. 4:17-4, respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in Special Civil Part actions.

Means unless your in small claims, landlord tenant suits, etc. Rogs are allowed except as otherwise provided by R. 6:4-3. Read R 6:4-3 to find out the otherwise. You have 30 days to answer them.

2nd part.....if your not in small claims, you can serve 5 Rogs without sub parts, that means no questions in a question. Some will ask you a question, then put 2 or 3 more questions in that question and label it a. B.. C etc. that's not allowed. You can ask more questions than 5 only on permission of the court.

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Now top 5 interrogatories are they sufficient , need to modify anything/add suggestions give your 5 cents to me guys

 

1)       If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you.

2)      Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

3)      Identify all documents that may relate to this action, and attach copies of such document.

4)      Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents.

5)      Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

 

FYI: I took these from mr stern's template 

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So you get 5 Rogs, but look in your rules, I think you get regular document requests. Most of the things there are doc requests. Look up discovery, and document requests in your rules.

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Also I forgot to ask is does Request for Admission also comes under interrogtories or that is separate ex: I can ask 5 interrogatories and another 3-4 admissions? 

Am I correct?

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Hi tinumin !

 

I do not know how you plead? Was it deny all the way when you filed your answer to the clerks office? Or have you agreed to certain statements asked at the time you simply answered the complaint ?

 

   Affirmative defenses means you admit the credit card company gave you a credit card. For Your own defense you must give a valid reason why their allegations of non-payment are not true.

 

Affirmative defenses

 I have always paid you....

Their records are falsified ....

Their records are incorrect...

 

Defendant has never signed any agreement that acknowledges this alleged indebtedness. Defendant does not own or owe any alleged indebtedness in plaintiffs several allegations and bald assertions.

 

There exists no dated, signed  delivered or received document, containing any agreement at all, with this credit card.Count two of the complaint should be dropped, as all the plaintiff alleges is a generic agreement with no date issued to the defendant No specific agreement in document exists. The generic agreement plaintiff produced says nothing of a 29- 30% interest rate. Plaintiffs account stated theory is complete hearsay .

 

After I paid them off they kept sending me new cards ,with wordage like " Come on Back"  "Valued Customer" " Your Excellent Credit Record ". I  never received any demand for payment. Just their redundant offers to join them again. After a while it became like all the other junk mail I get in my mail box...it goes in the trash.

 

I called and asked for my pay off receipt and they never responded... I am still waiting......Whom did I speak with... she said here name was Lucinda ,I could barely understand her as her English was spotty at best. I think she was was from the Philippines or some other foreign country. She said she would get it sent out to me soon, I could barely understand her......

Where did I get the money....I got it from a loan shark downtown...Why?????  ...To be Honest .....his interest rate was far better than the credit card I used.

 

 

Their exists no document signed, dated, certified or of registered receipt, that supports the plaintiffs allegation of indebtedness as being certified for delivery to the defendant.

 

Production for documents

 

For each agreement you contend was specifically offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.

 

For each agreement, amendment to an agreement, or notice of change to the terms of the account you contend was offered to and accepted by the defendant, please produce every document that evidences such specific offer or acceptance.

 

 

For each document listed below that was alleged as delivered to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered:

 

a. The original account agreement for the account.

b. Any amendment to the agreement for the account.

c. Any notice of a change in any term of the account,including but not limited to a change in the rate of interest

or amount of any fee applicable to the account.

d. Any schedule of interest rates or fees applicable to the account.

e. Any credit card issued in connection with the account.

f. Any statement of payments, charges, fees or interest for the account.

 

 

Relevance and Authenticity of Generic Account Documents.

 

Interrogatory 

For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document

 

 

 

 If the plaintiff doesn't answer your requests by claims it is overly burdensome, then tell the court you request the plaintiff revise their answers as they are pertinent to plaintiffs record keeping practices and they should be forced to comply with defendants discovery process.

 

"Plaintiff objects on the grounds that the request is overly broad, vague, ambiguous, burdensome, and oppressive" ....as an example of their ambiguous answers.

 

After proper evidential interrogatories, and requests for production of documentation has been asked by both sides and the plaintiff has spent time and money.....the defendant should ask to revise his or her plea to accord and satisfaction.

 

 

 

Citibank N.A. v. Philip Ancog, Judicial Dist

rict of Stamford,

Docket No CV12 6012535S

 

Discover Bank v. Thomas Mik, Judicial

District of Rockville

, Docket No. CV12 6004543S

 

Discover Bank v. Vertefeuille, Judicial Di

strict of New Londo

n Docket No. CV12 6012298S

 

Citibank v. Joe Watson, Judicial District

of Fairfield, Docket No. CV 12 6026534S

 

Midland Funding v. Ana Cuevas, Judicial District

of Ansonia/Milford,

Docket No. CV12 6009824S

 

FIA Card Services v. Gladys Espinosa, Judicial

District of Stamford

, Docket No. CV 12 6014705S

 

Citibank N.A. v. Tracy Wilkinson, Judicial Di

strict of Stamford,

Docket No. CV 12 6013570S

 

Citibank N.A. v. Sharon Ormsbee, Judicial Di

strict of Stamford,

Docket No. CV 12 6014823S

 

Target National Bank v. Martell, Judicial Dist

rict of Middlesex, Do

cket No. CV 12 6013859.

 

Citibank v. Dayton, Judicial District

of Hartford, Docket No. CV 13 6043658S

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Hi Guys,

My court date got adjourned last month to oct 18th and I wanted to update you all with the current status of the case..

1) During the discovery period they asked for 90 days from the court and gave reference to the case # to the court and court granted them 90 days...

2) I served my own discoveries to them last month ( they are above from mr stern)

3) Today I got a letter from them and they are objecting to the discovery as it is non conforming to the R.6:4-3(f) based upon the amount in controversy ( amount is less than 3000 dlrs) but here is the tricky part they responded after 32 days of serving them the interrogatories, so now do they get 90 days to answer the rogs or still the 30 days rule is applied... really need some expert advice here

4)If the 30 day period still applies, how can I go about filing MTD or anything in that matter

here is what http://www.judiciary.state.nj.us/rules/r6-4.htm says

(f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

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Is this small claims? because rule 6:4-3 pertains to actions of small claims, tenant/landlord or forcible entry like I posted way up above.

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@BV80 yes court granted them 90 days for production of documents, I dont have the exact wordings with me right now but I can post to you what they asked the court in exact wordings..

@shellieh98 this s NJ special civil ,, why do you say this rule pertains to small claims?

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6:4-3. Interrogatories; Admissions; Production

(a) Generally. Except as otherwise provided by R. 6:4-3( interrogatories may be served pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions, summary landlord and tenant actions for the recovery of premises, and actions commenced or pending in the Small Claims Section. The 40-day and 60-day periods prescribed by R. 4:17-2 and R. 4:17-4, respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in Special Civil Part actions.

rogs, admits and production generally EXCEPT as otherwise provided -----it says they can be served in all actions pursuant to the applicable provisions of r 4:17 EXCEPT forcible entry and detainer actions, summary landlord tenant actions, and actions commenced or pending in small claims section.

you said they objected to your rogs, so wondered if it was in small claims? or why did they object.

If it is special civil, you should be able to ask 5 rogs without objection.

(f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

did you ask more than 5? or were there any questions within the question?

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@shellieh98 I am gonna go home and upload the exact letter for you guys to review , may we have some juice here,

they got extended time for production of documents( I will upload that too) and they objected to my request for admissions(saying it is non conformance to Rule r6-4-3(f)) after 32 days as I clearly mentioned if they do not object to them within 30 days they will be deemed admitted..

give me few hourse I will upload both docs

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@BV80

@shellieh98

attached are 1) Adjournment request from P&P 2) Objection to my admissions 3) my interrogatories and admissions...

please let me know where I am wrong with my discovery and can I do to correct this..

post-166018-1368976_thumb.png

post-166018-235861_thumb.png

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upload is not allowing to upload a word doc ... here is my my interrogatories and admissions..

07/31/2014

TO:

1-973-753-5100 Ralph Gulko

Pressler and Pressler, LLP

7 Entin Road.

Parsipanny, NJ 07054-5020

PROPOUNDING PARTY: Defendant,

RESPONDING PARTY: Plaintiff, Ralph Gulko, Midland Funding CURRENT ASSIGNEE,[CHASE BANK usa, N.A., ORIGINAL CREDITOR]

The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of New Jersey. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below. When responding to these interrogatories, please note:

(a) You are required to furnish all information available to you, your agents, employees and attorneys. See, R. 4:17-4(a).

(b)It is permissible for interrogatories to include a request for a copy of a document. See, R. 4:17-1(a).

© In response to any interrogatory, you are permitted to provide copies of business records when the answer may be derived from those records so long as the burden of deriving the answer is substantially the same for the Propounding Party and the Responding Party. See R. 4:17-4(d).

(d) As stated in R. 4:17-1(B)(3), you are not permitted to assert that any requested information is privileged unless you comply with R. 4:10-2

(e) which requires, among other things, that you expressly assert the privilege and describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing the privileged information, will enable the Propounding Party to assess whether the asserted privilege applies. Please note that Defendant stipulates that materials identified by you as “ATTORNEY EYES ONLY” will not be disclosed by defense counsel to anyone without either Plaintiff’s expressed consent or a court order.

PROOF OF SERVICE

In accordance with R. 1:5-3, I certify that the within discovery requests were served in accordance with R. 1:5-2, by ordinary mail, postage prepaid, mailed on the date set forth below on:

Ralph Gulko

Pressler and Pressler, LLP

7 Entin Road.

Parsipanny, NJ 07054-5020

Dated:

DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A) “Account” means the indebtedness alleged in the Complaint.

(B) “Business Record” means a Record which includes a statement of an act or eventand was created by any business.

© “Computer Record” means a Record which is an electronic recording of information as well as a printout which comes from such an electronic recording.

(D) “Declarant” means a Natural Person who made a Sworn Statement.

(E) “Immediate Assignor” means the Person from whom you purchased the Account.

(F) “Natural Person” means a human being.

(G) “Original Creditor” is the Person with whom the Account was originally created for Defendant.

(H) “Person” means any entity and includes, without limitation, a Natural Person, sole proprietorship, limited liability company, government or governmental subdivision, and any type of partnership, corporation, association, organization, institution, or firm.

(I) “Record” includes all recorded information, including “documents” as used in R. 4:18-1(a) and “writing” as used in Evid.R. 801(e), which concern or relate to the Account.

(J) “Sworn Statement” means a written statement relating to, concerning or regarding any fact involved in this lawsuit which was made under oath or permitted by court rule or statute to have the same effect as a statement made under oath including, without limitation, an affidavit, a declaration made pursuant to 28 U.S.C. § 1746, and a certification made pursuant to R. 1:4-4(B).

(K) “You,” “your”, “yours”, “yourself” refers to the Plaintiff.

INTERROGATORIES

If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you.

Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

Identify all documents that may relate to this action, and attach copies of such document.

Attach a complete copy of any written records or documents that you have regarding defendant.

Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

END OF INTERROGATORIES

RESPONDING PARTY’S CERTIFICATION TO ANSWERS TO INTERROGATORIES

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 wilfully false, I am subject to punishment.

Dated: [Print Name and Title Below Signature]

REQUESTS FOR ADMISSION

TO: RALPH GULKO

PRESSLER AND PRESSLER

7 ENTIN RD.

PARSIPANNY, NJ 07054-5020

Attorneys for Plaintiff

PROPOUNDING PARTY: Defendant,

RESPONDING PARTY: Plaintiff, Ralph Gulko, Midland Funding CURRENT ASSIGNEE,[CHASE BANK usa, N.A., ORIGINAL CREDITOR]

The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of New Jersey. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below. When responding, please note

the following as required under R. 4:22-1:

(1) Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

(2) If objection is made, the reasons for the objection shall be stated.

(3) If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

(4) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder.

(5) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial.

(e) A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may, subject to the provisions of R. 4:23-3, deny the matter or set forth reasons for not being able to admit or deny.

PROOF OF SERVICE

In accordance with R. 1:5-3, I certify that the within discovery requests were served in accordance with R. 1:5-2, by ordinary mail, postage prepaid, mailed on the date set forth below on:

Ralph Gulko

Pressler and Pressler, LLP

7 Entin Road.

Parsipanny, NJ 07054-5020

Dated:

DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A) “Account” means the indebtedness alleged in your Complaint.

(B) “Original Creditor” is the Person with whom the Account was originally created for Defendant.

ADMISSION REQUESTS

1. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any written agreement governing the Account.

___ADMIT ___DENY

2. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any billing statement for the Account.

___ADMIT ___DENY

3. Plaintiff has no personal knowledge as to why the Original Creditor entered any transaction, debit, credit or charge on any billing statement for the Account.

___ADMIT ___DENY

4. Neither Plaintiff nor its attorney(s) possess an affidavit, certificate or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account.

___ADMIT ___DENY

5. Plaintiff’s right to acquire documents from the Original Creditor about the Account is governed by the written agreement under which Plaintiff acquired the Account.

___ADMIT ___DENY

Signed by Responding Party’s (CHECK ONE) ____ authorized representative or ____ attorney:

Dated: [print name and title below signature]

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