stressfreeliving

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About stressfreeliving

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  1. Thank you for all the responses. Your information has been very helpful. Your time in responding to me is greatly appreciated.
  2. Hi shellieh98. Last Friday was the motion date to STRIKE on the Interrogatories and this Wednesday, the 30th will be our TRIAL date. I found this Rule. My concern is the timeframe for me. The motion to strike was this past Friday and the trial is this Wednesday, July 30. Here is the rule I found: 4:17-7. Amendment of AnswersExcept as otherwise provided by R. 4:17-4(e), if a party who has furnished answers to interrogatories thereafter obtains information that renders such answers incomplete or inaccurate, amended answers shall be served not later than 20 days prior to the end of the discovery period, as fixed by the track assignment or subsequent order. Amendments may be allowed thereafter only if the party seeking to amend certifies therein that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the discovery end date. In the absence of said certification, the late amendment shall be disregarded by the court and adverse parties. Any challenge to the certification of due diligence will be deemed waived unless brought by way of motion on notice filed and served within 20 days after service of the amendment. Objections made thereafter shall not be entertained by the court. All amendments to answers to interrogatories shall be binding on the party submitting them. A certification of the amendments shall be furnished promptly to any other party so requesting. Source: http://www.judiciary.state.nj.us/rules/r4-17.htm Thanks for your help. With trial being on the 30 of July, did the "discovery" period already end?
  3. I found the following Rule for New Jersey Special Civil. I could use a second or third set of eyes please to help explain. Am I still in my time frame to send an amended set of answers to the original set of interrogatories? Pressler and Pressler won the MOTION TO STRIKE regarding how I answered my 3 original interrogatories this past Friday, July 25. Trial date is now on Wednesday, July 30. NJ Rule: 4:17-7. Amendment of Answers Except as otherwise provided by R. 4:17-4(e), if a party who has furnished answers to interrogatories thereafter obtains information that renders such answers incomplete or inaccurate, amended answers shall be served not later than 20 days prior to the end of the discovery period, as fixed by the track assignment or subsequent order. Amendments may be allowed thereafter only if the party seeking to amend certifies therein that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the discovery end date. In the absence of said certification, the late amendment shall be disregarded by the court and adverse parties. Any challenge to the certification of due diligence will be deemed waived unless brought by way of motion on notice filed and served within 20 days after service of the amendment. Objections made thereafter shall not be entertained by the court. All amendments to answers to interrogatories shall be binding on the party submitting them. A certification of the amendments shall be furnished promptly to any other party so requesting. 4:17-8. Use, Filing and Effect of Interrogatories (a) Use. Answers to interrogatories may be used to the same extent as provided by R. 4:16-1(a) and R. 4:16-1( for the use of the deposition of a party. If less than all of the interrogatories and answers thereto are marked or read into evidence by a party, an adverse party may read into evidence any other of the interrogatories and answers or parts thereof necessary for a fair understanding of the parts read into evidence. Interrogatories shall not be marked into evidence without good cause. ( Filing. Neither the interrogatories nor the answers shall be filed unless the court so directs at the pre-trial conference or trial. © Pleading Not Stayed. The service of interrogatories shall not stay the time for service of an answering pleading. Source: http://www.judiciary.state.nj.us/rules/r4-17.htm Thus far from this entire case and during the period of discovery the Plaintiff has only produced 1 piece of paper. Alleged credit card statement of the last month before the OC account was charged off. Thank you again to everyone that is answering. Your help is GREATLY appreciated. You all are lifesavers.
  4. Thank you so much for answering my post shellieh98. I greatly appreciate! If I may ask further, what should I file with the court on Monday at this time to supply the much better answers you provided above to my 3 Interrogatories? I have a trial date set for Wednesday July 30. Special Civil. Perhaps with correcting these Interrogatories, I could be successful in asking again for a "dismissal with prejudice". Speaking with their lawyer today, clearly she was fumbling through paperwork and they do not have many if not all of the things I asked for during the duration of this trial: copies of contracts, copies of complete statements, copies of signed receipts, copies of contracts as the "ownership". This CC account was transferred twice. OC to 1st Junk Debt Buyer to current (Midland Funding). If I am able to correct this through the courts, could I make a motion to DISMISS without prejudice on Monday? After today's motion hearing, there is nothing outstanding. I've asked for numerous documents through initial filings and original production request, they are not providing anything other than 1 CC statement from the last month of the alleged account. Thanks again!
  5. I just had a motion hearing in Bergen County (Special Civil - Small Claims) Amount $1,300.00 I am the defendant in a lawsuit vs Midland Funding. Represented by Pressler and Pressler. LLC. Today's motion hearing was in regard to a set of an Initial Interrogatories dated June 6, 2014. There were 3 questions in the Interrogatories. The claim made by the defendant was: "The answers that you provided to all of Plaintiff's Initial Interrogatories are non-responsive because they are devoid of the information requested in those Interrogatories." The 3 Interrogatories were: 1. Set forth with specificity all facts in support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and /or conversations. 2. Attach copies of all writings, documents or any other records which relate to said account or in any way support any defenses or claims, including but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account. 3. Attach any documentation evidencing defendant' mailing address(es) between 5/18/06 to 11/24/10, which should include but is not limited to, copies of energy or water bills, telephone bills, leases and /or deed(s)/mortgage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested. To all three I answered. "Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff's claim, and based on that denies generally and specifically Plaintiff's claim." How should I have answered? At today's motion hearing the judge asked all cases involving Pressler and Pressler to go out into the hallway to meet with their attorney individually. About seven clients, including myself waited in the hallway. When it came to my turn, I stated based on the mood of the judge and how all other clients had been treated that "I am open to discussing a settlement, but I need to receive all the documents that I requested first." I was asked 2 questions about the account and said I am not familiar with the information and that is why I need all of the documents to verify. Then I brought up the option to "dismiss with prejudice the case if they are not able to provide the documents before our trial date". The attorney said that will be a possibility that she will discuss with her client. She gave her business card and asked for my phone number. To quote her, "This is something we can discuss and do before we go to trial on Wednesday. She would not be able to request this motion today. However this is something we can discuss up and to before the trial date (Wednesday July 30, 2014). Here is where I think I made my mistake. We then went back before the judge and the motion was just for how I answered the 3 Interrogatories. The judge was upset with everyone before him today. He is just horrible. He looked at my replies and said that "you can not answer these this way. This looks like something you just looked up on the internet and filled some space." Motion To Strike was in favor of Pressler and Pressler. Our trial date is now Wednesday, July 30 2014 8:45AM. So with my motion to strike granted to them, is it now as if I did not answer and therefore the court can grant automatic default judgment? Very worried here. What options, if any do I have at this time? What motions or filings can I file at this time (if any)? Did Pressler and Pressler just sand bag me? Thank you for your time in reading this. I look forward to replies and possible solutions.