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frfpatty · Mar 4, 2009, 12:38 AM

Plaintiff asks
Please list all credit accounts wich the defendant opened, utilized, and or closed from xxxxx to xxxx. Annex hereto any and all documentation supporting same.

How do I answer this. I really think that this information is not relevant to the lawsuit I am having with them. They should only ask info about the account in question and not all my accounts. What is the proper way to deal with a question like this. I really don't want to give them the info.

frfpatty · Mar 4, 2009, 12:45 AM

During discovery proceedings, can I ask Plaintiff (bottom Feeder) How much they pay the original creditor for my account?
If yes, how do I ask the question?

Also, what if they answer that the information is proprietary in nature and may be protected by the work-product doctrine and/or attorney-client privilege.
Can I force them to reveal how much they pay for my account?

frfpatty · Mar 4, 2009, 12:59 AM

Plaintiff is a bottom feeder suing me. I sent them a request for production of documents, All they sent me back was the bill of sale for the account they bought.
They did not produce account statements, application. The claim that they don't have any documentation pertaining to my account.

Can I I file for dismissal of lawsuit for lack of merit or what woul be my next step. Court date on March 24. Pleas advise.

George_1950 · Mar 4, 2009, 08:13 AM

You didn't mention your state or what court. Each state has a 'civil practice act', and many courts have 'rules' that you must be aware of; ask the clerk if such rules exist and how to get a copy. Generally speaking, your 'remedy' is to file a motion to compel discovery, and request a hearing on your motion. You may need to request a 'continuance' for your case; do things in writing and always send a copy to the other side.

George_1950 · Mar 4, 2009, 08:19 AM

Originally Posted by frfpatty

During discovery proceedings, can I ask Plaintiff (bottom Feeder) How much they pay the original creditor for my account?
If yes, how do I ask the question?

Also, what if they answer that the information is proprietary in nature and may be protected by the work-product doctrine and/or attorney-client privilege.
Can I force them to reveal how much they pay for my account?

The civil practice act in your state provides guidance; you may want an annotated version that provides research tips. You can ask whatever you want in interrogatories; the other party can refuse to answer or give confusing answers, or object to your questions. If you are not satisfied, you must file a motion to compel. No one can answer your last question; judges do what they want, many times.

George_1950 · Mar 4, 2009, 08:26 AM

Originally Posted by frfpatty

How do I answer this. I really think that this information is not relevant to the lawsuit I am having with them. They should only ask info about the account in question and not all my accounts. What is the proper way to deal with a question like this....

Answer just like you did in your question, that the information requested is not relevant to the plaintiff's case. Remember that 'discovery' is fairly 'liberal' in scope. If you do not answer, the plaintiff may file a motion to compel along with a request for hearing. You do not want to irritate the judge with trivial matters, if at all possible. You can call the other side and negotiate what information they feel is necessary for you to comply with the request.

ScottGem · Mar 4, 2009, 09:19 AM

You can ask that they prove they are entitled to collect on the account. Such proof would be the contract for sale of the debt which should include what they paid.

ScottGem · Mar 4, 2009, 09:20 AM

I've merged your thread because they deal with the same case. Please don't start multiple threads for the same issue

frfpatty · Mar 4, 2009, 09:39 PM

Originally Posted by ScottGem

I've merged your thread because they deal with the same case. Please don't start multiple threads for the same issue

Hi, thanks for your replies. I live in New Jersey.
Regarding the question about how much they paid for my account. This people sent me the bill of sale that states the transfer of interest fro providian to them but it does not reveal the amount they paid for my account.
What would be the right language for the question. Do you have a template of such question?

frfpatty · Mar 4, 2009, 09:43 PM

Originally Posted by George_1950

You didn't mention your state or what court. Each state has a 'civil practice act', and many courts have 'rules' that you must be aware of; ask the clerk if such rules exist and how to get a copy. Generally speaking, your 'remedy' is to file a motion to compel discovery, and request a hearing on your motion. You may need to request a 'continuance' for your case; do things in writing and always send a copy to the other side.

Hi, I live in New Jersey.
I am being sued in special civil court. I understand that the discovery process is very liberal and you may get dubious answers to your questions.

George_1950 · Mar 4, 2009, 09:56 PM

Originally Posted by frfpatty

Hi, I live in New Jersey.
I am being sued in special civil court....

Ah ha!:
"Special Civil Part
"The Special Civil Part essentially succeeded to the jurisdiction of the former county district courts. Cases may be filed in the Special Civil Part where the amount in controversy does not exceed $15,000 (or more if the plaintiff waives the excess). It also has a small claims section for cases involving less than $3000 and a landlord-tenant section to adjudicate summary dispossess actions.

"Plaintiff may act as pro-se, corporations must hire an attorney for claime in excess of $3,000.

"The Special Civil Part is designed to provide expedited and somewhat relaxed proceedings in smaller cases. The Special Civil Part has its own clerk in each county (rather than relying upon the Superior Court clerk's office) and many forms are available.
New Jersey Superior Court - Wikipedia, the free encyclopedia

George_1950 · Mar 4, 2009, 09:59 PM

Are you familiar with this?
Legal Resource Room

George_1950 · Mar 4, 2009, 10:02 PM

And this?
http://www.judiciary.state.nj.us/pro...ion_spccvl.pdf

George_1950 · Mar 4, 2009, 10:20 PM

More interesting reading:
http://www.judiciary.state.nj.us/prose/10542.pdf
And
http://www.geocities.com/presslerclub/

ScottGem · Mar 5, 2009, 09:08 AM

Originally Posted by frfpatty

What would be the right language for the question. Do you have a template of such question?

Originally Posted by George_1950

"The Special Civil Part is designed to provide expedited and somewhat relaxed proceedings in smaller cases.

That's the key here. Don't worry about your wording or the format. Just write what you want to say.

frfpatty · Mar 5, 2009, 10:39 PM

Originally Posted by George_1950

More interesting reading:
http://www.judiciary.state.nj.us/prose/10542.pdf
and
http://www.geocities.com/presslerclub/

George, I can not thank you enough for the links you just gave me. Now I am empowered to file the motions to win my case.
I am being sued by Pressler and Pressler itself.
Thank you so much, I am going to file a motion to dismiss my case. I will let you know of the outcome.

George_1950 · Mar 5, 2009, 10:44 PM

Good luck!

frfpatty · Mar 6, 2009, 11:38 PM

Originally Posted by ScottGem

You can't "cross examine" the attorney, you can only cross examine witnesses. If you dispute the documentation you need to give reasons why. If there is a discrepancy between the documentation and the complaint, then, by all means, point it out to the judge and ask that the discrenancy be reconciled or the case dismissed.

I have a question regarding this situation. Credit card debt trial.

Let's say you are in court, you are the defendant and the plaintiff's attorney is the only person for the plaintiff. According to the rules, attorneys can not testify,if they say something is consider hearsay, there must be a witness in the courtroom, but plaintiff (attorney) does not produce any witness.
Let's say the attorney starts talking, then I get up and object, stating the above mentioned rule. What happens next. Can I keep objecting every time the attorney opens his mouth to give testimony?
What would be the next step in a courtroom scenario.
Thanks.

frfpatty · Mar 6, 2009, 11:44 PM

Originally Posted by mr.yet

Go to the next hearing if the attorney or plainitff is not present, move the court to dismiss for lack of jurisdication the complainting party must be present for you to cross-examine, no plaintiff present, no case. Attorney cannot testify for their client, that is consider hearsay.

Do not adit of deny anything to the judge, simply move the court to dismiss with prejudice

Let's say I am the defendant and the credit card or collection agency company attorney is there and he can't produce a witness.
When the attorney starts talking, I get up and object citing the rule mentioned above. How many times can I object, because the attorney is going to continue to talk. If the attorney testimony is not valid, how do I move the court to dismiss with prejudice. What do I have to do when I am standing in front of the judge?

ScottGem · Mar 7, 2009, 06:44 AM

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread or add to your existing one. So I've moved your question to your other thread.

Second, you need to stop trying to play lawyer. Assuming that your suit is in small claims court, the rules of evidence and testimony are more relaxed. If you start throwing objections out or trying to go too technical, you will annoy the judge.

The plaintiff gets to state his case. If he doesn't provide verification you simply ask the judge to dismiss because there is no proof this is your debt.