PLEASE HELP WITH SUMMARY JUDGMENT!

[legaleagle]

4:49-2. Motion to Alter or Amend a Judgment or Order

Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred.

[NJdefendant]

I need a translation here so a copy of my opposition statement is not good enough or it is??? Should I bring an original to the clerk?

Originally Posted by legaleagle

4:49-2. Motion to Alter or Amend a Judgment or Order

Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred.

[NJdefendant]

Definitely! I will post my case when it's done regardless of the outcome..This forum is great!

Originally Posted by admin

Definitely let us know what happens!

[BV80]

Originally Posted by NJdefendant

I need a translation here so a copy of my opposition statement is not good enough or it is??? Should I bring an original to the clerk?

I believe that rule just states that your motion for reconsideration has to be specific about why you want the judge to reconsider. You would include the rule about being allowed 10 days to file your opposition, the dates involved, etc. Your motion must be served within 20 days. I assume it means you would serve it on the Plaintiff's, as well.

[NJdefendant]

Oh I filed it already..motion for recosnidering I signed and dated in addition I attached a copy of my oposition..I did it on the same day ...when I went to the clerk's office to file my opposition after she told me she can't accept it it I filed a motion for reconsidering with simply saying i was not out of time and court rules are 10 days etc.with my motion for reconsidering i included a copy of my opposition (some 30+pages)What I was asking was whether I needed to include my original opposition(meaning original signatures),or just a copy is fine...anything in these rules about that?

Thank you

Originally Posted by BV80

I believe that rule just states that your motion for reconsideration has to be specific about why you want the judge to reconsider. You would include the rule about being allowed 10 days to file your opposition, the dates involved, etc. Your motion must be served within 20 days. I assume it means you would serve it on the Plaintiff's, as well.

[NJdefendant]

Can anyone tell me what happens after motion for reconsidering. I have yet to find out whether it was approved or denied by the judge but I wonder what the next step is? Also,plaintiff hasn't opposed my motion for reconsideration isn't that unusual?

[legaleagle]

Probably nothing to object to, it's up to the judge. Plaintiff probably thinks you'll lose.

[NJdefendant]

ok so what's next?

Originally Posted by legaleagle

Probably nothing to object to, it's up to the judge. Plaintiff probably thinks you'll lose.

[BV80]

Originally Posted by NJdefendant

ok so what's next?

I'd call the clerk tomorrow, and ask if the judge has made a decision. If he hasn't, it may just be a matter of being patient and waiting. I know that's hard to do, though.

[NJdefendant]

No decision has been made yet...Should I send suppplemntary materials?

Originally Posted by BV80

I'd call the clerk tomorrow, and ask if the judge has made a decision. If he hasn't, it may just be a matter of being patient and waiting. I know that's hard to do, though.

[admin]

I think you are just stuck playing the waiting game for now.

[Huey Pilot]

Originally Posted by NJdefendant

I have to object this summary judgment! I have no clue how to proceed. I have been working on objections that I'll post shortly. bellow you will find a link to plaintiffs summary judgment and supporting documents they sent.

I have to respond by tomorrow! PLEASE HELP ME!

https://docs.google.com/document/d/1...tsMKb5E-w/edit

THANK YOU!

Try to pattern your objection off of one of these templates:

Philip D. Stern & Associates, LLC - Cases

Best,

HP

[NJdefendant]

I did! and I will most likely hire Stern to file my appeal if I loose ...I already discussed it with him...nice guy

Originally Posted by Huey Pilot

Try to pattern your objection off of one of these templates:

Philip D. Stern & Associates, LLC - Cases

Best,

HP

[NJdefendant]

Court Order Halts Debt-Collection Operation FTC Calls Fraudulent - Businessweek

[BeachesandBeer]

It sounds like you need to file a Motion To Vacate Judgment and use 1 or more of the reasons you found at the above link. Check the rules of your state because you probably have less than 30 days to file this type of Motion but once you file they can't proceed with any hearings to garnish wages or collect any further till that hearing is done. After that is filed you appear in court on the first court date given and go from there as far as discovery. You will probably get 30-60 days for discovery and by all means if they don't give you what you request in discovery I would ask the court for dismissal with prejudice before even moving on to a hearing. I am not sure if you can even request discovery with that type of Motion but if not I am sure you have enough of an argument to Vacate.

BTW while you are messing around with a Motion to Reconsider, which sounds like a Motion to Reopen Hearing, your time may run out to file your Motion to Vacate. A Motion to Reopen you need to prove that a mistake was made during a hearing to have that granted. If I were you I would file a Motion to Withdraw that reconsider and at the same time file the Motion To Vacate.

[legaleagle]

New Jersey does not have a motion to vacate. They have the one we gave him, and RULE 4:50. Relief From Judgment Or Order, which does not apply well here as it relates to fraud, new evidence, etc. His claim is judicial error based on the time frame for filing paperwork. The one we gave him covers errors.

[NJdefendant]

ok guys so they objected my motion for reconsidering basically saying they sent the proof but their proof is bs they don't even have a contract or a sale bill... should i object to their objection? i think i have 4 days to object if i understand the rules correctly

[NJdefendant]

I called the clerk and they are saying that they haven't received the objection from the plaintiff and that the motion for reconsidering was already scheduled for review today...she also said i don't need to respond to their objection because their objection is not in the court files...I guess I can just send one in the mail just to be on the safe side.

[BV80]

Even if the court had their objection, I don't see how it could make a difference. Your motion for reconsideration wasn't based on their evidence or lack of evidence. It was based on the fact that you were supposed to have 10 days to file your opposition to the MSJ, but you weren't given the amount of time allowed by the court rules. Your motion is requesting that the judge reconsider his decision and take a look at your timely filed opposition to their MSJ.

[legaleagle]

You should not reply to an objection when the matter is already scheduled. You'll just clog up the system. Leave it up to the judge.