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Citibank South Dakota, N.A v. Al Simon

January 7, 2011

CITIBANK SOUTH DAKOTA, N.A., PLAINTIFF-RESPONDENT,
v.
AL SIMON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-000090-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 21, 2010

Before Judges Carchman and Messano.

Following a non-jury trial in the Law Division, judgment was entered in favor of plaintiff, Citibank South Dakota, N.A., against defendant Al Simon in the amount of $28,366.01. Defendant appeals and raises the following issues for our consideration:

I. PLAINTIFF, CITIBANK SOUTH DAKOTA, N.A., ("CITIBANK") FILED AN INCOMPLETE COMPLAINT AND NEVER AMENDED THE COMPLAINT TO CORRECT ITS ERROR.

II. CITIBANK WAS PROHIBITED FROM TRYING TO COLLECT FROM DEFENDANT-APPELLANT BY SECTION 226.12, TITLE 12, C.F.R., AND SECTION 226.13, TITLE 12, C.F.R. AND THE LAW FIRM THAT FILED THE INSTANT ACTION WAS PROHIBITED FROM CONTACTING HIM BY SECTION 1692 ET SEQ., TITLE 15 U.S. CODE.

III. PLAINTIFF, CITIBANK, PREJUDICED DEFENDANT WHEN IT FAILED TO PRODUCED [SIC] REQUESTED DISCOVERY IN A TIMELY FASHION, AND INTRODUCED WITNESSES AND DOCUMENTS THAT WERE NOT PROVIDED TO APPELLANT-DEFENDANT DURING DISCOVERY.

IV. THE TRIAL COURT ERRED WHEN IT DENIED APPELLANT-DEFENDANT'S MOTION TO QUASH PLAINTIFF, CITIBANK'S SUBPOENA DEUCES [SIC] TECUM TO VALLEY NATIONAL BANK.

V. THE TRIAL COURT ERRED WHEN IT DENIED APPELLANT-DEFENDANT THE RIGHT TO A JURY TRIAL.

VI. THE TRIAL COURT ERRED WHEN IT ASSISTED THE PLAINTIFF BY EXAMINING THE PLAINTIFFF'S [SIC] IN ORDER FOR THE PLAINTIFF TO MAKE ITS CASE, BUT OFFERED NO SIMILAR ASSIST[AN]CE TO APPELLANT-DEFENDANT.

VII. PLAINTIFF'S COUNSEL MADE NUMEROUS MISLEADING CERTIFICATIONS AND REPRESENTATIONS.

We have considered these arguments in light of the record and applicable legal standards. We affirm.

Plaintiff commenced this action in the Special Civil Part in July 2007 by filing a complaint that alleged defendant owed monies on a credit card account owned by plaintiff. Defendant's pleading, filed on August 29, denied the allegations and asserted a counterclaim alleging violations of several federal statutes. Defendant demanded a jury trial. In October, plaintiff filed an amended complaint in which it repeated the allegations in its initial complaint and alleged, in a second count, that another credit card account was now in default. Since the amount of monies allegedly owed on both accounts exceeded the jurisdictional limit of the Special Civil Part, plaintiff sought transfer of the ...


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