Back ground—I live in NJ. I am a 26 year old female (Not sure if that’s relevant). I received a Summons.. Plaintiff is Midland funding.. Attorney Pressler andf pressler. Stating that I owe them about $2600. I never received any validation of this debt. So I sent in my answer to court and pressler and pressler with my defenses:–
Deny. Pressler and Pressler attorney of Midland Funding have not provided me with any legit proof of said debt. I do not owe any money to Midland Funding nor am I aware of any open accounts with Citi-Bank. I do not know what this debt collection is for nor do I know how the supposedly owed amount of $2589.22 was calculated. I have not been presented with any proof of this alleged debt; Therefore, I am denying owing said amount of debt.
II. Affirmative Defenses:-
– Lack of privity: The plaintiff(‘s), Pressler and Pressler for Midland Funding, has not proven the debt is valid or the amount of the debt is accurate. The Plaintiff must prove that the principle, interest, collection costs, and attorney fees are all correct, agreed to in a contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. What this alleged debt is for. Explain and show how alleged debt amount owed was calculated. Provide copies of any papers that show defendant agreed to pay alleged debt. Identify original creditor.
– Plaintiff’s complaint fails to allege assignment and there are averments as to the nature of the purported assignment or evidence of valuable consideration.
WHEREFORE, the defendant asks the court judgment: a. dismissing the complaint herein with prejudice.
So now they sent me back a request for interrogatories to answer:–
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.
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.
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.
So here are my questions….
A. For question (1) “Set forth with specificity… etc”. How do I answer that? My defense is that I don’t know what debt they’re talking about. I haven’t been presented with any proof. So do I just repeat that? I don’t think that’s what I’m suppose to do. So I’m asking for help on this one please.
B. For question (2).. They’re asking ME to provide proof of the account?? I have no idea what account they’re referring to from the first place since they have not provided me with any validation nor do I know who the original creditor was. So how do I answer this one?
C. For question (3)… Should I actually provide them with all my previous addresses? Do they have a right to ask for that? Or can I object?
D. I never sent them a validation request letter because I was told that the time for that is now over. I just needed to go ahead and answer the court which is what I did. Also… I thought that “Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. What this alleged debt is for. Explain and show how alleged debt amount owed was calculated. Provide copies of any papers that show defendant agreed to pay alleged debt. Identify original creditor.”.. written in my answer would also serve as my requesting of these documents/validation. Is that not the case? Do I need to fill out a separate discovery and interrogatories form with court to receive these documents?
E. After I answer these questions and send them to court and Pressler and Pressler… What can I expect next? And what should I do if they continue to disregard my request for validation? Is there a motion I can file?
F. Was I suppose to receive any other letter from court about my answer? Or the interrogatories sent from Pressler and Pressler was all I was suppose to get? This letter is addressed from Pressler and Pressler. Not the court…
Please help me… I’d be willing to settle for maybe 50% of that balance if I was actually provided with all the proof I need. I also will not make any payments until I receive a written agreement that this debt will be settled for “so” amount and will be reported as paid on my credit report. I have been working SO HARD on paying off all the debts that I have accumulated when I was young and stupid (Been living on my own with no parents since I was 17 years old); And I have actually FINALLY paid off all of it… And as soon as I made the last payment… I received this summons about a debt I wasn’t even aware of. So you can imagine my utter frustration with this!
Please help me. Thank you SO MUCH.