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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I live in New Jersey and am being sued by Asset Acceptance

Resolved Question:

I live in New Jersey and am being sued by Asset Acceptance LLC as successor in interest to Beneficial. I have answered the complaint and have been given a court date. I stated in my answer the lack of knowledge and/or information sufficient to form a belief as to the truth of the allegation as my first defense. Secondly is the lack of evidence and /or knowledgeof a debitor/creditor relationship. And lastly I stated it was beyond the statute of limitations. I was able to obtain old bank statements and found a payment made to HSBC Beneficial in June 2010, and that was the last payment made. So I am assuming the SOL doesnt apply here. What do I do now?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

Can you please tell me what the amount is which the Plaintiff is seeking in the lawsuit?

Also, can you tell me what court the lawsuit is in?

Finally, in regard to the court date that you have been given, is the date for a hearing or is it for the final trial?
Customer: replied 1 year ago.


$12,607.10 plus $50 filing fee and $7 service fee for a total of $12,664.10.


 


Middlesex Special Civil Part in New Brunswick.


 


The post card I received at my door today states "A non-jury trial has been scheduled for this case on 6/17/13 at 9am"

Expert:  TexLaw replied 1 year ago.
Thanks for your response.

The statute of limitations in this case does not apply as a valid defense.

Because there is only 30 days to the trial of this matter, you do not have time to do any discovery unless you move for a continuance.

When were you served with the lawsuit?
Customer: replied 1 year ago.


Served 4/3/13. I did receive a telephone message today from the attorney listed as the plaintiff but I have yet to respond. Maybe I should call and see what they have to say?

Expert:  TexLaw replied 1 year ago.
The options you have are to either proceed to trial or to move the court for a continuance so that you can do some discovery.

Discovery is where you get to send written requests for documents so that you can see what evidence they have and whether it is authentic and valid.

The reason you need a continuance if you want to conduct discovery is that there is not enough time between now and your trial date for the discovery responses to be returned to you (they have 35 days to respond).

If you think that there is not much chance at a good defense on this case, then your best bet is to call the plaintiff's attorney and seek settlement terms.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs