Topic: Request: Sample Answer or guidance for NJ complaint: LVNV : $1,7xx.xx

[vwbeetlvr]

I have a paralegal certificate from the State of New Jersey and work for a law firm in New York City and none of it has prepared me to file an answer to this complaint.

It is from Apothaker & Associates, P.C. , for a debt from LVNV totaling a bit more than $1,700.  I figured since 90% of people don't answer, if I could scare them off by answering it would help them forget about me and try to collect on the easier targets.

Background: I fell behind on credit card payments like a lot of good people and just stopped paying.  I ignore EVERY bill collector call and EVERY letter.  I even blocked my cell phone from over 200 known bill collector phone numbers because I hate confrontation.  This is the first time anyone has ever sued me.

the contents of the complaint are...

Plaintiff, LVNV Funding, LLC, by the way of Complaint against defendants says:

FIRST COUNT

1. Plaintiff sues for the prices of goods sold and or services rendered on a book account.

2. There is still due on said account the sum of $1,7xx.xx together with interest from MONTH xx, 2009 of which no part has been paid although repeated demands for same have been made and as often refused.
3. The original creditors is HSBC.........XXXX

Wherefore, plaintiff demands as damages on this count the sum of xxx together with interest in the amount of $0.00 for a totals of xxx and costs of this suit.

Second Count


1. Plaintiff sues for the prices of goods sold and or services rendered on a bill of particulars.

2. There is still due on said account the sum of $1,7xx.xx together with interest from MONTH xx, 2009 of which no part has been paid although repeated demands for same have been made and as often refused.
3. The original creditors is HSBC.........XXXX

Wherefore, plaintiff demands as damages on this count the sum of xxx together with interest in the amount of $0.00 for a totals of xxx and costs of this suit.

etc etc etc

Then exhibit A has
my name and address
Statement of account
Debtors name ......
Acount number : ending in 1234
Creditor : HSBc....
Date of debt : Month xx, 2009
Balance due : $1,7xx.xx

Our file no.: 123456

"Exhibit "A""



I believe I should list the first and second counts, then answer each line with a denied or insufficient information line.  I need a good list of affirmative defenses to go with it. 

Basically I am scared that whatever I prepare will not be good enough, therefore I am looking for guidance from the people who deal with these things all the time.  Thank you.

[howucantoo]

I have a paralegal certificate from the State of New Jersey and work for a law firm in New York City and none of it has prepared me to file an answer to this complaint.

It is from Apothaker & Associates, P.C. , for a debt from LVNV totaling a bit more than $1,700.  I figured since 90% of people don't answer, if I could scare them off by answering it would help them forget about me and try to collect on the easier targets.

Background: I fell behind on credit card payments like a lot of good people and just stopped paying.  I ignore EVERY bill collector call and EVERY letter.  I even blocked my cell phone from over 200 known bill collector phone numbers because I hate confrontation.  This is the first time anyone has ever sued me.

the contents of the complaint are...

Plaintiff, LVNV Funding, LLC, by the way of Complaint against defendants says:

FIRST COUNT

1. Plaintiff sues for the prices of goods sold and or services rendered on a book account.

2. There is still due on said account the sum of $1,7xx.xx together with interest from MONTH xx, 2009 of which no part has been paid although repeated demands for same have been made and as often refused.
3. The original creditors is HSBC.........XXXX

Wherefore, plaintiff demands as damages on this count the sum of xxx together with interest in the amount of $0.00 for a totals of xxx and costs of this suit.

Second Count


1. Plaintiff sues for the prices of goods sold and or services rendered on a bill of particulars.

2. There is still due on said account the sum of $1,7xx.xx together with interest from MONTH xx, 2009 of which no part has been paid although repeated demands for same have been made and as often refused.
3. The original creditors is HSBC.........XXXX

Wherefore, plaintiff demands as damages on this count the sum of xxx together with interest in the amount of $0.00 for a totals of xxx and costs of this suit.

etc etc etc

Then exhibit A has
my name and address
Statement of account
Debtors name ......
Acount number : ending in 1234
Creditor : HSBc....
Date of debt : Month xx, 2009
Balance due : $1,7xx.xx

Our file no.: 123456

"Exhibit "A""



I believe I should list the first and second counts, then answer each line with a denied or insufficient information line.  I need a good list of affirmative defenses to go with it. 

Basically I am scared that whatever I prepare will not be good enough, therefore I am looking for guidance from the people who deal with these things all the time.  Thank you.

Arbitration ?
 Grab a card agreement from this link and read arbitration section on DB.

(card agreements) http://www.debtorboards.com/index.php/topic,10980.0.html#lastPost

[HarryC]

HI,
I just came across a great website.  I read it and after a couple of days decided to purchase it.  I had answered the complaint, before purchasing, but I found the site excellent.  It answered many questions and had sample letter to file and answer for, yesterday my case was dismissed.  Hope this helps..Good Luck, Donna

I'm afraid that link is not going to be well received by the Mods...   

In addition, it appears to be a waste of money.  You'll learn much more on this forum for free (although, donations are greatly appreciated!)

FWIW, back in June, I ordered a "learning the ropes course" from a lawyer which helped me A LOT!  It seemed a bit expensive at the time, but I have already gotten a 3,000% return on my investment!  I am glad I ordered the one I did, but the link you posted seems like junk to me, IMHO.

To the original poster, you need to learn the rules of civil procedure for your state, and then either file a motion to dismiss, answer the summons, try to force them into arbitration (if possible) or a combination of all of those.

[Admin0619]

Admin Note: Solicitation removed. Advertisements or solicitations are a violation of the ToS.

[vwbeetlvr]

Please I have to mail this out on Monday I need some help!

[HarryC]

As posted above in Reply # 2:

To the original poster, you need to learn the rules of civil procedure for your state, and then either file a motion to dismiss, answer the summons, try to force them into arbitration (if possible) or a combination of all of those.

No one here is going to do your work for you.  Also, no one here is going to engage in unlicensed practice of law.  If you are looking for someone to handle it for you, you should have hired an attorney.

As a paralegal, you should be way more qualified to research the issues and prepare motions and/or answers than most other folks on this forum.  All sitting around waiting for a miracle to happen is going to do is earn you a default judgment.

Go get 'em!   

[NotBonJovi]

Answering a complaint, paralegal certificate or not, shouldn't be that difficult if it is in Special Civil Court (which it almost always is when the amount is under $3k). It comes with plain English directions and even a blank answer form.

If you have misplaced that sample, you may find another here: http://www.judiciary.state.nj.us/prose/10542.pdf

Hard to say without seeing, but I'd figure that Exhibit to be hearsay evidence and I'd be challenging the chain of custody. You need to read all of the Method, but you should pay particular attention to Junk Debt Buyers and The Chain Of Custody

Rule 4:18-2 of the RCP's would be your friend as well. When suing for breach of contract, that particular Rule dictates they must cough up documents referred to in a pleading within five days of receiving the request.

I would use it.

[vwbeetlvr]

Please critique my first draft.

Here comes defendant Joe Schmoe, pro se, and answers plaintiff's claim as follows:

FIRST COUNT
1.   Lack the knowledge or information sufficient to form a belief as to the truth of the allegation.  Leaves it to the plaintiff to provide proof.
2.   Lack the knowledge or information sufficient to form a belief as to the truth of the allegation.  Leaves it to the plaintiff to provide proof.
3.   Lack the knowledge or information sufficient to form a belief as to the truth of the allegation.  Leaves it to the plaintiff to provide proof.

SECOND COUNT
1.   Lack the knowledge or information sufficient to form a belief as to the truth of the allegation.  Leaves it to the plaintiff to provide proof.
2.   Lack the knowledge or information sufficient to form a belief as to the truth of the allegation.  Leaves it to the plaintiff to provide proof.
3.   Lack the knowledge or information sufficient to form a belief as to the truth of the allegation.  Leaves it to the plaintiff to provide proof.

Therefore, defendant requests that this court find for the defendant and against the plaintiff that the defendant is not indebted to the plaintiff at all.

AS AND FOR A FIRST DEFENSE
   Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

AS AND FOR A SECOND DEFENSE
   Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. the purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

AS AND FOR A THIRD DEFENSE
Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

AS AND FOR A FOURTH DEFENSE
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

AS AND FOR A FIFTH DEFENSE
   Lack of Personal Jurisdiction Based on Improper Service: Defendant does not current reside at XXX, nor in the County Of Morris.  Plaintiff should have served Defendant personally, or else at my home address XXX, Hudson County. I thereby assert the defense of Lack of Personal Jurisdiction.

AS AND FOR A SIXTH DEFENSE
Lack of Standing Because No Debtor/Creditor Relationship: The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor.

AS AND FOR A SEVENTH DEFENSE
Plaintiff Does Not Allege Its License Number in the Complaint:

AS AND FOR AN EIGTH DEFENSE
The Court lacks jurisdiction because the contractual agreement to arbitrate all matters through mandatory binding arbitration has been elected and initiated by the Defendant.

AS AND FOR A NINTH DEFENSE
Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.

AS AND FOR A TENTH DEFENSE
   The exhibit attached to Defendant’s complaint, Exhibit “A,” is hearsay.  It does not include a full account number nor sufficient information to validate the alleged debt

AS AND FOR AN ELEVENTH DEFENSE
Defendant requests validation, As per Rule 4:18-2. 4:18-2. Copies of Documents Referred to in Pleading  When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

Defendant hereby elects binding private arbitration and pray the Court grant the following:

1. That the Plaintiff be compelled into arbitration per their agreement.
2. That the Plaintiff be compelled to initiate arbitration.
3. That this case be dismissed with prejudice.
4. Award Defendant costs and damages and any other relief the Court deems just and appropriate."

[NotBonJovi]

I would have admitted or denied based on the information provided - I don't believe "lack of knowledge" without admission/denial generally flies in NJ. I could be wrong. though.

In any case, looks like you've run out of time. Sorry you didn't get here sooner.