Suit by collector that violate the laws

[Odaug Gladih]

I was summoned in November for a credit card debt in New Jersey Supreme Court, Civil Part. I answered the plaintiff’s interrogatories and the trial has been scheduled for mid February. During my research for defense, I have discovered: 1) the original credit card I supposedly defaulted does not report anything to the national reporting agencies (Like it doesn’t exist); 2) the debt collector agency report my credit card as “open” in the open account list of the credit report and no in the collections segment as it should be; 3) the original credit card has a credit limit of $300 and the collection agency report to the national reporting agencies that my credit limit is $ 900 and is suing for that amount plus $ 50 interest; 4) I contacted my original credit card company to issue a new card and they answered in a letter that they cannot do that because I am “ a current and existing customer”.

They are violating many laws and regulations…What’s the best course of action to follow?
Hunter99

[zelner]

Well, I'm not sure what laws the debt collector or credit card company are violating, but you could possibly use their inconsistent information at trial to impeach plaintiff's witnesses, if there are any. By the way, did you demand a jury trial in your answer?

Also, did you send plaintiff interrogatories, request for admissions and request for production of documents? You should use these discovery tools if you still have time left to use them. If time has run out for you to propound discovery on plaintiff then you might be able to (and this is a long shot) make a motion to request extra time for discovery. You would have to read the court rules to see if this is possible.