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NJ- Request for Discovery After Suit Was Dismissed


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1. Who is the named plaintiff in the suit?

Atlantic Credit & Finance

2. What is the name of the law firm handling the suit?

Morgan, Bornstein & Morgan

3. How much are you being sued for?

$3,100

4. Who is the original creditor?

Citi Bank

5. How do you know you are being sued?

Letters sent to my address via regular US mail.  

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

Mail via regular US mail

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

I don't know.  I never signed for anything; it was left at my house amongst the rest of my family's mail.

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

I had been notified that my account was sold to Atlantic Credit & Finance in April of 2015.  Less than five days after receiving the initial notice, an AC&F rep took it upon themselves to contact my father in regards to my "delinquent account"; she identified herself as a debt collector, the office she was calling from, her personal phone number and extension, and a request for him to "make sure I called her back immediately."  I called the rep who contacted my father to inform her that I had just sent out a request for debt validation, but that I would be happy to speak with her once I receive the proper papers.  She immediately became hostile, started threatening me that "they had a lawyer in my state who was ready to sue me" if I did not make a $650 payment by 7 PM that evening, that there was "no need for debt validation", and that if I didn't call her back that evening, she would be "forced to contact my father again."

  I requested debt validation twice in writing- once via regular mail and again via certified mail with request for return receipt- all well within the 30 day window, because I disagreed with the amount they claimed I owed.  I requested my original contract with Best Buy, any purchase/payment records, and any other documentation they had in regards to my account.  I also mentioned the rather rude nature of the representative whom initially contacted me, and asked that I be contacted by a different representative in the future.  I am aware that under law, once debt validation is requested the creditor must cease all contact with the debtor until said validation has been delivered.  Considering AC&F's location in Virginia plus NJ's 6 year statue of limitations, I figured they simply hadn't gotten around to it yet or hadn't planned to at all since I never received the return-receipt.  Aside from a few random phone calls, I did not hear from anyone at AC&F for the next six months, until I received a summons in my regular mail, two days before the answer was  due. 

9. What state and county do you live in?

Bergen County, NJ

10. When is the last time you paid on this account?

11/2014- when my account was still in possession of Citi Bank. 

11. What is the SOL on the debt?

6 years

13. Have you disputed the debt with credit bureaus?

Yes.

14. Did you request debt validation before the suit was filed?

YES- once via regular mail and once via certified mail with return-receipt requested.

15. How long do you have to respond to the suit?

Since it's a "Discovery Subpeona", I have 14 days to fill out the questionaire before I have to send it back to the plaintiff's attorney and the county court.  I have scheduled an appointment to meet with the court clergy so she can go over it with me, because these are some extremely personal questions and documentation that they are requesting.  I plan to counter-serve them with "Discovery" as well. 

 

In January 2016, I received a summons identical to the one I received in October 2015. I immediately wrote a response, explaining how I had requested debt validation which was never delivered, and made multiple attempts to resolve the debt regardless; I am a 23 year old student collecting unemployment and living with my parents, and I simply could not live with this burden hanging over me any longer.  Needless to say, I was pretty emotional when I arrived at the county court house with my response in hand and ready for delivery.  However upon submitting my docket number into the computer, I was told that my case had been "dismissed due to improper service." I was ecstatic, but the clerk warned me as he gave me a copy of the case's dismissal that the plaintiff had 60 days to re-serve me and thus re-open the case.  It was  a date that I marked on the calendar, and it has been almost 60 days since that date has passed.  So you can imagine my surprise when I was going through my mail and found the "Discovery Subpeona", which needs to be answered within 14 days.  

I want so badly to just put this behind me, and every time it seems that I have it comes back to rear its ugly head.  I plan on getting a consultation from a lawyer, and going down to the court house this week to see if they can offer me any assistance, but for now, does anyone have any advice for me? It would be so incredibly appreciated.

 

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2 hours ago, Shibalibajones said:

 I plan on getting a consultation from a lawyer, and going down to the court house this week to see if they can offer me any assistance, but for now, does anyone have any advice for me?

Yes.  Immediately find out if they are claiming they did serve you again and it is "sewer" service.  If they did you have a counter claim against the law firm.  You also need to see a consumer ASAP because the threats the first CSR made are in violation of the FDCPA as well.  

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