Preview
CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 1 of 7 Trans ID: LCV20232528016
LAW OFFICES OF
ROBERT S. GITMEID & ASSOC., PLLC
180 MAIDEN LANE, 27TH FLOOR
NEW YORK, NY 10038
Tel. (866) 249 – 1137
Chelsea Davis, Esq. #416592023
Attorney Collateral Account #144221
Attorney(s) for Defendant, David Aguilar
SUPERIOR COURT OF NEW JERSEY
Current Creditor: LVNV Funding LLC CAMDEN COUNTY
Original Creditor: WebBank, LAW DIVISION
Plaintiff,
CIVIL PART
v.
Docket No. L-002211-23
DAVID AGUILAR, CIVIL ACTION
Defendant. DEFENDANT’S ANSWER
Check the appropriate statement(s) below which set forth why you claim you do not owe money
to the Plaintiff:
The goods or services were not received.
The goods or services received were defective.
The bill has been paid.
I/We did not order the goods or services.
The dollar amount claimed by the plaintiff(s) is incorrect.
Other – Set forth any other reasons why you believe money is not owed to the
plaintiff(s). (You may attach more sheets if you need to.)
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Defendant, David Aguilar, answering without waiving any affirmative defenses, as and for
an Answer to the Plaintiff’s Complaint, states the following upon information and belief:
1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on
that basis.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity
of the allegation set forth in Paragraph 2; however, Defendant ADMITS in part to having a
social security number with the last three digits 207 and, therefore, DENIES the allegations
in part and ADMITS the allegations in part on that basis.
3. Defendant DENIES the allegations set forth in Paragraph 3.
4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on
that basis.
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AFFIRMATIVE DEFENSES
Defendant raises the following affirmative defenses to preserve them for trial. See Brown
v. Brown, 208 N.J. Super. 372 (App. Div. 1986) (holding that Defendant must plead all affirmative
defenses or those affirmative defenses (with limited exceptions) will be waived); see 1 LexisNexis
Practice Guide NJ Pleadings § 5.7 and § 5.13 (2020).
First Affirmative Defense
The Complaint fails to state a claim against Defendant upon which relief can be granted.
Plaintiff Complaint is devoid of a statute on which Plaintiff relies upon and until ownership is
confirmed through Discovery, Defendant asserts that Plaintiff has not stated enough facts to
support a legitimate claim for repayment.
Second Affirmative Defense
Defendant denies the amounts claimed by Plaintiff and the remaining allegations.
Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of
all alleged purchases, charges, credits, offsets and payments to the alleged account.
Third Affirmative Defense
Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper
charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that
these charges created an unconscionable contract and that allowing Plaintiff to collect these
amounts would be inequitable and against public policy.
Fourth Affirmative Defense
Plaintiff failed to obtain and mail debt verification before engaging in further collection
activities. Defense counsel is not in possession of a debt verification letter from Plaintiff and
CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 4 of 7 Trans ID: LCV20232528016
requests verification before moving forward. Section 809(b) of the FDCPA requires a debt
collector, upon receipt of a written debt validation request from a consumer, to cease collection of
the debt until it obtains verification of the debt and mails it to the consumer.
Fifth Affirmative Defense
Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a
result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt,
making performance of any obligation impossible.
Sixth Affirmative Defense
Plaintiff’s claims are barred by estoppel, unclean hands, and waiver.
Seventh Affirmative Defense
Defendant did not breach any duty or obligation allegedly owed to Plaintiff. Until
discovery is provided, there is no proof that Defendant breached any agreement with Plaintiff.
Eighth Affirmative Defense
Plaintiff’s claims are barred by its failure to satisfy all conditions precedent. Plaintiff’s
complaint is a boilerplate complaint with three allegations that are not supported with a single
piece of evidence. Nothing has been attached to the complaint and it only lists Defendant’s name,
the amount allegedly owed and the last four digits of the account in question. Plaintiff has failed
to provide Defendant’s social security number, address, or bank statements which would prove
ownership, amount owed and connection to Defendant; all conditions precedent necessary to allege
this type of complaint.
CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 5 of 7 Trans ID: LCV20232528016
Ninth Affirmative Defense
Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s
damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants.
Defendant is and has always been willing to negotiate settlement with Plaintiff; however, Plaintiff
refuses to negotiate in good faith by providing reasonable offers that are possible to accept in
reality.
Tenth Affirmative Defense
Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692(f)(1) and
other relevant state and federal statutes, from collecting any interest and any amount unless it is
expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has
failed to attach proper documentation to verify such interest is permitted under the applicable rules.
Eleventh Affirmative Defense
Plaintiff’s complaint should be dismissed because the disputed matters set forth in the
complaint are subject to mandatory resolution by way of binding arbitration.
Twelfth Affirmative Defense
Defendant reserves the right to assert additional defenses as discovery progresses.
Thirteenth Affirmative Defense
Defendant reserves the right to file for motion to dismiss for lack of standing, failure to
state a claim, lack of personal jurisdiction, lack of subject matter jurisdiction, insufficiency of
process, improper venue, dismissal pursuant to doctrine of forum non conveniens and assert any
additional defenses as discovery progresses.
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PRAYER FOR RELIEF
WHEREFORE, the Defendant prays for relief from the court as follows:
A. That the Plaintiff takes nothing by way of this Complaint;
B. To dismiss the Complaint with prejudice based upon the admissions, denials, and
defenses as alleged herein;
C. To award the Defendant’s costs; and
D. To award the Defendant such other and further relief as this Court deems just and
equitable.
Respectfully Submitted,
Dated: September 6, 2023 By: /s/ Chelsea Davis
Chelsea Davis, Esq. #416592023
Law Offices of
Robert S. Gitmeid & Assoc., PLLC
180 Maiden Lan, 27th Floor
New York, NY 10038
Tel. (866) 249-1137
TO: CLERK
SUPERIOR COURT OF NEW JERSEY
COUNTY OF CAMDEN
CC: David A Faloni, Esq.
Faloni Law Group LLC
Attorneys for Plaintiff
425 Eagle Rock Ave., Ste 404
Roseland, New Jersey 07068
Tel. (973) 226-0050
CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 7 of 7 Trans ID: LCV20232528016
LAW OFFICES OF
ROBERT S. GITMEID & ASSOC., PLLC
180 MAIDEN LANE, 27TH FLOOR
NEW YORK, NY 10038
Tel. (866) 249 – 1137
Chelsea Davis, Esq. #416592023
Attorney Collateral Account #144221
Attorney(s) for Defendant, David Aguilar
SUPERIOR COURT OF NEW JERSEY
Current Creditor: LVNV Funding LLC CAMDEN COUNTY
Original Creditor: WebBank, LAW DIVISION
Plaintiff,
CIVIL PART
v.
Docket No. L-002211-23
DAVID AGUILAR,
Defendant. CIVIL ACTION
CERTIFICATION
CERTIFICATION PURSUANT TO RULE 1:38-7(b)
I certify that confidential personal identifiers have been redacted from documents now
submitted to the court and will be redacted from all documents submitted in the future in
accordance with R. 1:38-7(b).
CERTIFICATION PURSUANT TO RULE 4:5-1
I certify the matter in controversy is not the subject of any other action pending in any other
Court. There are no pending arbitration proceedings. No other action or arbitration proceedings
are contemplated. No non-party is known who would be subject to joinder because of potential
liability.
I further certify that this answer was served on all other parties within 35 days of the date
the summons and complaint were mailed to me as indicated on page 2 of the summons.
Respectfully Submitted,
Dated: September 6, 2023 By: /s/ Chelsea Davis
Chelsea Davis, Esq.#416592023
Law Offices of
Robert S. Gitmeid & Assoc., PLLC
180 Maiden Lane, 27th Floor
New York, NY 10038
Tel. (866) 249-1137
CAM-L-002211-23 09/06/2023
CAM-L-002211-23 09/06/20239:51:29
9:50:41AM
AM Pg 1 of 1 Trans
TransID:
ID:LCV20232528016
LCV20232528016
Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-002211-23
Case Caption: LVNV FUNDING LLC VS AGUILAR DAVID Case Type: BOOK ACCOUNT (DEBT COLLECTION MATTERS
Case Initiation Date: 08/01/2023 ONLY)
Attorney Name: CHELSEA KIARA DAVIS Document Type: Answer
Firm Name: ROBERT S. GITMEID & ASSOCIATES, PLLC Jury Demand: NONE
Address: 180 MAIDEN LANE Is this a professional malpractice case? NO
NEW YORK NY 10038 Related cases pending: NO
Phone: 2122265081 If yes, list docket numbers:
Name of Party: DEFENDANT : AGUILAR, DAVID Do you anticipate adding any parties (arising out of same
Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO
(if known): None Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: LVNV FUNDING LLC? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
09/06/2023 /s/ CHELSEA KIARA DAVIS
Dated Signed
Preview
CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 1 of 7 Trans ID: LCV20232528016 LAW OFFICES OF ROBERT S. GITMEID & ASSOC., PLLC 180 MAIDEN LANE, 27TH FLOOR NEW YORK, NY 10038 Tel. (866) 249 – 1137 Chelsea Davis, Esq. #416592023 Attorney Collateral Account #144221 Attorney(s) for Defendant, David Aguilar SUPERIOR COURT OF NEW JERSEY Current Creditor: LVNV Funding LLC CAMDEN COUNTY Original Creditor: WebBank, LAW DIVISION Plaintiff, CIVIL PART v. Docket No. L-002211-23 DAVID AGUILAR, CIVIL ACTION Defendant. DEFENDANT’S ANSWER Check the appropriate statement(s) below which set forth why you claim you do not owe money to the Plaintiff: The goods or services were not received. The goods or services received were defective. The bill has been paid. I/We did not order the goods or services. The dollar amount claimed by the plaintiff(s) is incorrect. Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more sheets if you need to.) CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 2 of 7 Trans ID: LCV20232528016 Defendant, David Aguilar, answering without waiving any affirmative defenses, as and for an Answer to the Plaintiff’s Complaint, states the following upon information and belief: 1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on that basis. 2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegation set forth in Paragraph 2; however, Defendant ADMITS in part to having a social security number with the last three digits 207 and, therefore, DENIES the allegations in part and ADMITS the allegations in part on that basis. 3. Defendant DENIES the allegations set forth in Paragraph 3. 4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on that basis. CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 3 of 7 Trans ID: LCV20232528016 AFFIRMATIVE DEFENSES Defendant raises the following affirmative defenses to preserve them for trial. See Brown v. Brown, 208 N.J. Super. 372 (App. Div. 1986) (holding that Defendant must plead all affirmative defenses or those affirmative defenses (with limited exceptions) will be waived); see 1 LexisNexis Practice Guide NJ Pleadings § 5.7 and § 5.13 (2020). First Affirmative Defense The Complaint fails to state a claim against Defendant upon which relief can be granted. Plaintiff Complaint is devoid of a statute on which Plaintiff relies upon and until ownership is confirmed through Discovery, Defendant asserts that Plaintiff has not stated enough facts to support a legitimate claim for repayment. Second Affirmative Defense Defendant denies the amounts claimed by Plaintiff and the remaining allegations. Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account. Third Affirmative Defense Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges created an unconscionable contract and that allowing Plaintiff to collect these amounts would be inequitable and against public policy. Fourth Affirmative Defense Plaintiff failed to obtain and mail debt verification before engaging in further collection activities. Defense counsel is not in possession of a debt verification letter from Plaintiff and CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 4 of 7 Trans ID: LCV20232528016 requests verification before moving forward. Section 809(b) of the FDCPA requires a debt collector, upon receipt of a written debt validation request from a consumer, to cease collection of the debt until it obtains verification of the debt and mails it to the consumer. Fifth Affirmative Defense Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt, making performance of any obligation impossible. Sixth Affirmative Defense Plaintiff’s claims are barred by estoppel, unclean hands, and waiver. Seventh Affirmative Defense Defendant did not breach any duty or obligation allegedly owed to Plaintiff. Until discovery is provided, there is no proof that Defendant breached any agreement with Plaintiff. Eighth Affirmative Defense Plaintiff’s claims are barred by its failure to satisfy all conditions precedent. Plaintiff’s complaint is a boilerplate complaint with three allegations that are not supported with a single piece of evidence. Nothing has been attached to the complaint and it only lists Defendant’s name, the amount allegedly owed and the last four digits of the account in question. Plaintiff has failed to provide Defendant’s social security number, address, or bank statements which would prove ownership, amount owed and connection to Defendant; all conditions precedent necessary to allege this type of complaint. CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 5 of 7 Trans ID: LCV20232528016 Ninth Affirmative Defense Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants. Defendant is and has always been willing to negotiate settlement with Plaintiff; however, Plaintiff refuses to negotiate in good faith by providing reasonable offers that are possible to accept in reality. Tenth Affirmative Defense Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692(f)(1) and other relevant state and federal statutes, from collecting any interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify such interest is permitted under the applicable rules. Eleventh Affirmative Defense Plaintiff’s complaint should be dismissed because the disputed matters set forth in the complaint are subject to mandatory resolution by way of binding arbitration. Twelfth Affirmative Defense Defendant reserves the right to assert additional defenses as discovery progresses. Thirteenth Affirmative Defense Defendant reserves the right to file for motion to dismiss for lack of standing, failure to state a claim, lack of personal jurisdiction, lack of subject matter jurisdiction, insufficiency of process, improper venue, dismissal pursuant to doctrine of forum non conveniens and assert any additional defenses as discovery progresses. CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 6 of 7 Trans ID: LCV20232528016 PRAYER FOR RELIEF WHEREFORE, the Defendant prays for relief from the court as follows: A. That the Plaintiff takes nothing by way of this Complaint; B. To dismiss the Complaint with prejudice based upon the admissions, denials, and defenses as alleged herein; C. To award the Defendant’s costs; and D. To award the Defendant such other and further relief as this Court deems just and equitable. Respectfully Submitted, Dated: September 6, 2023 By: /s/ Chelsea Davis Chelsea Davis, Esq. #416592023 Law Offices of Robert S. Gitmeid & Assoc., PLLC 180 Maiden Lan, 27th Floor New York, NY 10038 Tel. (866) 249-1137 TO: CLERK SUPERIOR COURT OF NEW JERSEY COUNTY OF CAMDEN CC: David A Faloni, Esq. Faloni Law Group LLC Attorneys for Plaintiff 425 Eagle Rock Ave., Ste 404 Roseland, New Jersey 07068 Tel. (973) 226-0050 CAM-L-002211-23 09/06/2023 9:51:29 AM Pg 7 of 7 Trans ID: LCV20232528016 LAW OFFICES OF ROBERT S. GITMEID & ASSOC., PLLC 180 MAIDEN LANE, 27TH FLOOR NEW YORK, NY 10038 Tel. (866) 249 – 1137 Chelsea Davis, Esq. #416592023 Attorney Collateral Account #144221 Attorney(s) for Defendant, David Aguilar SUPERIOR COURT OF NEW JERSEY Current Creditor: LVNV Funding LLC CAMDEN COUNTY Original Creditor: WebBank, LAW DIVISION Plaintiff, CIVIL PART v. Docket No. L-002211-23 DAVID AGUILAR, Defendant. CIVIL ACTION CERTIFICATION CERTIFICATION PURSUANT TO RULE 1:38-7(b) I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with R. 1:38-7(b). CERTIFICATION PURSUANT TO RULE 4:5-1 I certify the matter in controversy is not the subject of any other action pending in any other Court. There are no pending arbitration proceedings. No other action or arbitration proceedings are contemplated. No non-party is known who would be subject to joinder because of potential liability. I further certify that this answer was served on all other parties within 35 days of the date the summons and complaint were mailed to me as indicated on page 2 of the summons. Respectfully Submitted, Dated: September 6, 2023 By: /s/ Chelsea Davis Chelsea Davis, Esq.#416592023 Law Offices of Robert S. Gitmeid & Assoc., PLLC 180 Maiden Lane, 27th Floor New York, NY 10038 Tel. (866) 249-1137 CAM-L-002211-23 09/06/2023 CAM-L-002211-23 09/06/20239:51:29 9:50:41AM AM Pg 1 of 1 Trans TransID: ID:LCV20232528016 LCV20232528016 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-002211-23 Case Caption: LVNV FUNDING LLC VS AGUILAR DAVID Case Type: BOOK ACCOUNT (DEBT COLLECTION MATTERS Case Initiation Date: 08/01/2023 ONLY) Attorney Name: CHELSEA KIARA DAVIS Document Type: Answer Firm Name: ROBERT S. GITMEID & ASSOCIATES, PLLC Jury Demand: NONE Address: 180 MAIDEN LANE Is this a professional malpractice case? NO NEW YORK NY 10038 Related cases pending: NO Phone: 2122265081 If yes, list docket numbers: Name of Party: DEFENDANT : AGUILAR, DAVID Do you anticipate adding any parties (arising out of same Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO (if known): None Does this case involve claims related to COVID-19? NO Are sexual abuse claims alleged by: LVNV FUNDING LLC? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 09/06/2023 /s/ CHELSEA KIARA DAVIS Dated Signed