I received an Order in the Special Civil Part, Law Division (NJ) for Plaintiff (debt collection action against me) where in it specifies that the plaintiff is to provide me with copies of the original loan documentation regarding the suit against me. They forwarded me partial information and I asked for Plaintiff's counsel to provide me with the additional information as specified in the Order.

Plaintiff's counsel received my correspondence on November 6, 2008. I figure I'll give them 10 days.

In the mean time, I also drafted responses to their interrogatories saying I was unaware of debt and to provide me with account numbers etc. so that I could respond intelligently to their questions after researching the documentation that they provide me. I'm sure they will probably do a motion to me as well, asking for more specific responses to theirs, however my defense will be I cannot answer questions w/o the proper documentation to review.

Question is, I need to do a motion to compel plaintiff to respond to the Order of plah date, and if same is not provided within x number of days, for the matter to be dismissed for non compliance with the order?

AND can I quote the following in my motion? Or would it be too late for this?

How must collectors verify a debt and who is supposed to mail the verification to me?

SITUATION:
I received a computerized form called an "itemized statement of services rendered" from a collector. Upon closer examination, the form appeared to be from the collector's own computer rather than from the creditor that provided the services (I'm familiar with their invoices). I called the original creditor and discovered that only phone verification was provided to the collector, no written documents were ever requested.

Section 809(b) "Validation of the debt" requires debt collectors to obtain verification of the debt from the creditor and mail it to the consumer.

The principal purpose of this section is to help consumers who have been mis-identified by the debt collector or who dispute the amount of the debt. It's imperative that verification of the identity of a consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose


Is this correct?

Thank you so much.

I have researched this loan as well and a branch I contacted said they have no records of me in their offices, or account numbers for me.

Help?

Just wait for the hearing. If the documentation is not provided move to dismiss.

It's scheduled for Trial on 1/9/09. My thought process is if it's dismissed due to not sticking to the order, we may not have to go to court at all.

My interrogatories were received by them on 11/6/08 which gives them until 1/5/08 to respond.

Would it be a good idea to request an adjournment allowing the parties to exchange discovery due to how close the responses are due to the trial date?

Thank you Scott I appreciate your response.

From my experience the plaintiff is going to put you off. I wouldn't get fancy with a lot of motions and stuff. If you are going pro se, then keep it simple.

Sure, sure... plaintiff's counsel is way better versed than I am in these matters. I am trying to research it myself with regard to the account claimed as well as my rights at the same time.

They may very well make their own motion to compel more responsive answers to their interrogatories. In which case, at that time I could do a cross motion for dismissal because they did not comply with the Court's order.

My thing is if I am remiss in pointing out their lack of cooperation pursuant to the Order, would my time run out to ask the Court to enforce it? Know what I mean?

I don't want to miss any deadlines or be negligent in any way. Thank you Scott.

That's why you don't want to outsmart yourself by trying to act like a lawyer instead of a layman. Keep this simple. You ask for verification of the debt. This means the orignal signed contract or a copy of it. If they don't produce that at or prior to the hearing then you move to dismiss.

Generally you won't be able to avoid the hearing. But also generally, if it gets to the hearing if they don't have the documentation they don't show up and you move to dismiss.

I see... Yah :) nothing like getting cocky when I don't know all the rules is there?

Well, not cocky but... man, I have to say that I haven't stood before a judge, except for a ticket many years ago (which was dismissed)... I can hear my knees clacking together even now.

One more tiny question... at what point, would I ask the Judge to dismiss the case? I think this guy will show up to court though... unless it becomes a thorn in his side.

So really, just wait and see what this guy does.

He also sent me settlement agreements which were way too early and in two separate forms (as to payments) I think that was premature to send those to me and a scare tactic as well. Because I sure had an aneurism when I read them. LOL I don't think he can do that without providing proofs... can he?

Agh, it's not personal. It's one company against a defendant. I like keeping my eye, more so on not having it turn into "personal" vs. the facts and what the law allows. It... makes so much more sense to me.

Thanks Scott you're a gem... (pun intended LOL)

Well you have to play this a little by ear. But as soon as possible you explain to the judge that you have requested verification of the debt and they have not produced the documention you asked for. So you are requesting that he dismiss.

OKay... that and if the Plaintiff's attorney happens to file a motion for non-responsive answers on my part (which were non-responsive because I had no documentation to review so how could I answer them?) I'm going to include in my response the intimidation factor that I had 10 days to respond to the two settlement letters that he sent me w/o waiting for the discovery period to end.

That was a scare tactic and something they aren't allowed to do... the matter is already in suit and the guy sent me two separate settlement letters with different payments and said it had to be addressed in 10 days and the matter is already in suit! I didn't think that was so cool...

I just hope I know "when" to say something LOL :)