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I am filling a motion requesting that a default judgment on…

I am filling a motion...
I am filling a motion requesting that a default judgment on a debt be vacated in NJ. I was living in NY when they supposedly served me in NJ. I may file a FDCPA complaint also. My question is how I should use and convey the following information to the Court: (i.e. in my answer or in counter complaint, or do I attach exhibits).The law firm is Pressler and Pressler and the debt buyer is Midland funding. During the exact time period that I was supposedly served, Pressler and Pressler was sanctioned by the Consumer Financial Protection Bureau for $2.5 million for doing the same exact thing they did to me. (not serving people properly and churning out lawsuit after lawsuit).Additionally, during the same time period, the attorney that signed my complaint was found to violate the FDCPA and admitted that he only looked at the file for 4 seconds. There was no meaningful review, as he was filing over 600 lawsuits per day. The Consumer Financial Protection Bureau also filed an amicus brief in that case. Again, the law firm was the same lawyer, the same law firm, and the same debt buyer as me. How can I use this to my advantage if I counterclaim for the same violation?
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Answered in 4 minutes by:
2/20/2018
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,212
Experience: Attorney experienced in commercial litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the NJ rules of evidence and federal rules of evidence, prior bad conduct cannot be introduced as evidence to prove conformity with that conduct in the current case. So if you raise the CFPB case with the court, it will have to be stricken from the record as contrary to the rules of evidence.

So what you need to prove in your case is all of the allegations raised in the CFPB case of their conduct was the same conduct you were subjected to.

As this is a FDCPA claim, you really should be using a local consumer attorney, since under the FDCPA you are entitled to recover your attorney's fees as part of your damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
34;First, the undisputed evidence shows that Gulko, and by extension, Pressler, neither drafted nor carefully reviewed the complaint." That is one of lines in the Court's decision.
Without referring to the decision itself, can I simply allege, "Mr. Gulko neither drafted the complaint against me or reviewed it." How would I know that?

Thank you for your reply.

I agree with your premise and you can show that in YOUR CASE they acted in this manner, you cannot just raise the past cases under the rule of evidence to say "they did it in these other cases so they did it in my case."

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,212
Experience: Attorney experienced in commercial litigation.
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