Complaint Review: PRESSLER AND PRESSLER - CEDAR KNOLLS New Jersey

google New Jersey rules of civil law, this should help out alot. be very careful how you answer there question, mostly their worded to get you to admit to the debt somehow, like when you paid on your statement, did you paid by check, money order, ect. if they never sent you information on this debt how can you answer. I'm not an attorney, so any advice you get from me you must check. If you know this is not your debt,state something like this. I have no account for capital one bearing this credit card number, after making reasonable attempts to obtain this information I can neither comfirm, deny or obtain the information to answer this question. Look at the reply asking you to look up a certain post, in that person replies is a format for discovery, request for admisions ect that you might be able to use as a format.

This differs from jurisdiction to jurisdiction so you should Google New Jersey Rules of Civil Procedure or Rules of Court. Then call the courthouse where the lawsuit was filed and ask the clerks if they have any particular rules above and beyond the state rules of civil procedure (it's their job to tell you that stuff). But, the best advice I could give you if you are involved in an active civil suit is to contact an attorney for help. If you can't afford an attorney contact legal aid or try to contact a local law school to see if they have any programs that help people in your situation. A lot of them do these things as projects with the law students who are supervised by their instructors who are licensed attorneys. Good Luck! Trying to handle a civil suit pro se is not easy and even most attorneys won't do it.

This differs from jurisdiction to jurisdiction so you should Google New Jersey Rules of Civil Procedure or Rules of Court. Then call the courthouse where the lawsuit was filed and ask the clerks if they have any particular rules above and beyond the state rules of civil procedure (it's their job to tell you that stuff). But, the best advice I could give you if you are involved in an active civil suit is to contact an attorney for help. If you can't afford an attorney contact legal aid or try to contact a local law school to see if they have any programs that help people in your situation. A lot of them do these things as projects with the law students who are supervised by their instructors who are licensed attorneys. Good Luck! Trying to handle a civil suit pro se is not easy and even most attorneys won't do it.

This differs from jurisdiction to jurisdiction so you should Google New Jersey Rules of Civil Procedure or Rules of Court. Then call the courthouse where the lawsuit was filed and ask the clerks if they have any particular rules above and beyond the state rules of civil procedure (it's their job to tell you that stuff). But, the best advice I could give you if you are involved in an active civil suit is to contact an attorney for help. If you can't afford an attorney contact legal aid or try to contact a local law school to see if they have any programs that help people in your situation. A lot of them do these things as projects with the law students who are supervised by their instructors who are licensed attorneys. Good Luck! Trying to handle a civil suit pro se is not easy and even most attorneys won't do it.

Thanks again for the advice and encouragement from all. I have recently rec'd a letter from the plaintiff requesting "Interogatories". I am in the process of investigating the terminology for requesting Discovery. Any advise on this latest developement?

make sure you appear in court, don't accept any court dates from the plaintiff. get them from the court yourself. Now that you have a little time you should look up the civil rules in your state, and request discovery, ect. don't count on this getting dismissed, you should be ready just in case. One point you must make to the court is that you have a current capital one account in good standing, and this company would now have given you a card in there name if you already defaulted. and it appears on your credit report here on rip off report go to midland 2/3/2007, 1.20:17pm columbia, mississippi, and look at the discovery, admissions ect, in the reply. this may help you when you write your discovery request or point you in the right direction on what to ask, basic the question on your situation. I'm not an attorney and i'm not giving you legal advice, and this shouldn't be taken as legal advice. you should consider a counter suit and see if then, they want to settle this amicably.

Thanks for all your advice and encouragement. By the way this is the first I have ever heard from this company, so they have never attempted to contact me with regards to this account. Here's the status: 1. Rec'd Summons 2. Sent answer via certified mail to Plaintiff and Court Clerk. 3. Sent a motion to dismiss via certified mail to the Plaintiff and Court clerk (disputed) 4. Sent a request for debt validation letter via certified mail to Plaintiff. 5. Rec'd letter from Plaintiff, asking to settle amicably and to contact them, or they will proceed with law suit. 6. Rec'd reciept from USPS confirming palintiff rec'd all of the above documents. At this point I would imagine I wait for a court date. I will not make any contact with the Plaintiff via the telephone. I have sent communication only via certified mail. I have signed the answer and the motions, so they have a copy of my signature, let's pray they don't stoop to forgery. Any suggestions on how to proceed at this point?

illegal? of course but it still happens ... In the same vein you dont tell them where you work, or provide any information to them.

illegal? of course but it still happens ... In the same vein you dont tell them where you work, or provide any information to them.

illegal? of course but it still happens ... In the same vein you dont tell them where you work, or provide any information to them.

William, If they have not attempted other collections prior to filing the lawsuit, it is very easy to get dismissed before ever going to court as a frivolous lawsuit. They are just playing the default judgement game, and have no intention of actually taking this to court. Many junk debt buyers have found out this method is cheaper and provides a better ROI than hiring collectors and paying the debt collections overhead. RESPOND to the summons immediately! Send your response to both the court and to the plaintiff/attorney. Do this by certified mail, return reciept requested and be sure to put the certified# on the letter itself and keep a copy for your records. This proves exactly what you sent. In this letter simply DENY the claim for reason "not my account". briefly explain that you have never entered into any agreement with this creditor that ended in default. Also explain that there were no collections efforts prior to the filing of the lawsuit and your rights to dispute the debt and request validation were denied. Now state that the lawsuit is frivolous and should be dismissed. If they are misrepresenting who the actual plaintiff is, that is a criminal offense, and certainly unethical. Be sure to file a BAR ASSOCIATION complaint against these "lawyers". Good luck.

Thanks for the information. I have sent via certified mail return receipt requested a dispute letter asking for validation and listing all of the points referenced, however I signed the letter. Wish I would have read this before I sent letter. Curiousity has me asking the question "Why should I have not signed the dispute letter?" So, I guess I wait for their response now?

GENERAL INFORMATION FROM VARIOUS SITES ON DEALING WITH COLLECTION AGENCY'S Tell them to validate by . What the money you say I owe is for; ? Explain and show me how you calculated what you say I owe; ? Provide me with copies of any papers that show I agreed to pay what you say I owe; ? Provide a verification or copy of any judgment if applicable; ? Identify the original creditor; ? Prove the Statute of Limitations has not expired on this account ? Show me that you are licensed to collect in my state ? Provide me with your license numbers and Registered Agent 1. NEVER talk to a collection agency on the phone. Period. 2. Keep good records. This can be the difference between a good and bad settlement. Don't expect them to remember you or what you agreed upon. 3. Send all correspondence via registered mail, receipt requested and put the registered mail number ON THE LETTER. DO NOT SIGN THE LETTER ? TYPE YOUR NAME 4. Keep a copy of every letter you send. 5. Penalties and extra interest are typically fictious amounts of money added on by the collection agency to pad their profits. Sometimes as much as to 50% of the debt or more claimed to be owed by a collection agency consisting of interest and fees. This is illegal, every state has usery laws (which dictate the maximum interests allowed to be charged. That is except North Dakota. There are no such laws which is why most credit card companies incorporate there.) Junk debt buyer pay anywhere from 1 cent to 7 cents on the dollar, there is no way there is this much interest.