Paralyzed

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About Paralyzed

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  1. Debtzapper my apology. My intent was to continue however it has been a few weeks since closing that last case and coming back tonight I was very frustrated in trying to figure out how to post anything. Again it was not intentional. I will post more as move through the stages again. This time I am taking a slightly different approach and will be filing MTC for Arb same day as Answer.
  2. Previous MTC WAS successful. I am moving forward with multiple FCPB and CFPB violations for that case. This is a more recent and second filing from PRA now coming after spouse for same creditor (previous case was won for ME - card was NOT a joint account and all info on claim is not accurate as acct number is not even correct this filing). They've pushed a few DIFFERENT automated buttons on this filing and this first statement was what threw me. So for me, this will be 2nd round with this JDB, same debt. Ugh.
  3. Probably an easy answer I am over thinking.... have been reading posts for 7hours now and still not finding a response I am comfortable in using. PRA Summons States: #1 The plaintiff is registered and licensed to do business in New Jersey and the defendant is a resident of XXXXX County and whose social security number ends in xxx-xx-x/// is subject to this court's jurisdiction. HOW DO I RESPOND? As I see it they are combining multiple statements to somehow reel me in. I DO NOT KNOW if they are registered and licensed in New jersey since they did not provide the info to substantiate. I AM a resident in this county. They are the last 3 digits in my ss BUT this is not my debt! Any ideas here? Do I state: Defendant denies the allegations contained in Paragraph 1 of the Complaint as this request calls for admission of matter defendant has denied and thus it is improper. (Doesn't seem to address their claim of licensing etc.) Am scratching my head here!!! Also as a note, am thinking to notify court that I already opted for arb with this creditor (although they will probably just be receiving notice same day of answer is due to court) and will file a MTC to private contractual arb. Any thoughts?
  4. Debt zapper - I'll print this for my file, appreciate it. As f today, Motion to Reconsider filed AT courthouse last Thursday is still NOT in the court system. I faxed a request to extend the hearing date until the MTR can be entered in the system, reviewed by the court, and decided and once done, then schedule the hearing accordingly. As of 5pm. I am still sitting in limbo. All said, I am curious to understand how a case is viewed once hearings start that morning and judge sees an MTR is pending within the allowed timeline for filing...ugh. So as a back up plan, I will prepare to attend hearing and when directed to step outside to discuss with the JDB lawyer in advance, will refuse any settlement until JDB provided proof of standing, details on charges, etc....I will make a list. Is there a good few "lines" I can practice as they go through the scare tactics, so they know I m serious, not paying a debt without any proof and elected arb and may file violations against them for ignoring my election? Appreciate any ":polished" help you can offer as I am less than 5 days from hearing.
  5. Debt zapper - thanks for the perception....I understand, especially when there was so much confusion at the clerks level when I initially filed for MTC. You refer to a case listed in this thread. Maybe I need another cup of coffee, but I can't find the link to the case you referred. Can you resend please?
  6. Debt Zapper, thank you for the response. I have a similar thread on DB. I have confirmed this is file din Special Civil and NOT Small Claims. I am heading to the courthouse tomorrow to talk to the lawyers I am told are avail for prose filiers. I am hoping to find a way to notify the NEW judge that she may have misunderstood, but if there is no way to do that, then will file a Motion to Reconsider. A thought occurred to me....if this denial sticks and after reconsidering she chooses to deny again....won't this change the outcome of most Nj filings with regards to arb? Hmmm....I really think this is a new judge reviewing MANY motions in a court inundated with JDB filings and she may have overlooked that the forms this whole case were filed in PRIOR to her being seated are for Special Civil and NOT Small Claims. Any specifics you can offer in filing the motion outside of the standard form...maybe a case you are aware of that is similar in nature? Am looking for all the help I can find. Thanks again.
  7. I think I may have come across something to help myself....I filed a motion to Compel arb...in review of all codes in Superior Court of NJ filings, there is nothing to match....Should I refile a motion to dismiss - Lack of jurisdiction since I elected arbitration? http://njcourts.judiciary.state.nj.us/web15z/ACMSPA/FlashHelp/CVM1573T.htm
  8. Also, in further review of Superior Court of NJ filings, the plaintiff would have had to file a form for Small Claims to have it heard iin small claims. Now, I don't get to see the original copy of the filing because the court only sends the second page etc which goes over the details....and all pther paperwork does not note Small Claims,,,,,so all said, I am scratching my head to understand the reason given for the denial. So my next step, anyone? How do I ask the judge to elaborate on her denial and DO I? I put a call into Philip Stern and Flitter Mills. Am hoping to get some help here. In the mean time am going over all communications on file for potential FDCFA violations for a counter suit.
  9. I thought I responded but I do not see it so here we go again..... Please note MTC was filed with Credit Agreement Statement, Election of Arb sent CRR to attorney a few days prior, and fully completed Jams appl all in addition to the standard MTC advice noted on this site. With regards to the "Jurisdictional Issue" and having read your link again...I am attaching the link for FAQs on the state site for further details regarding the THREE divisions within Special Civil Part. http://www.judiciary.state.nj.us/civil/11481_spec_civil_faq.pdf Please note, that ALL written communication from both the courts and Plaintiff identify this case as filed in Special Civil Part with NO indication of Small Claims. In addition, when i called to confirm case was NOT in Small Claims division, Court Clerk told me NO, I was in Special Civil. This all taken into consideration, I add the judge was recently elected to the position and only placed a few weeks prior to the MTC filing. It is also my understanding this court rarely sees anyone file for ARB and so there is a MISperception that by filing the MTC for Arb I am wasting my time because the case will be arbitrated at court on date scheduled. Again, from all I have learned, this is inaccurate. the judge may order both parties to step outside and come to agreement but it is NOT arbitration as defined in the credit agreement for JAMS. Amount in dispute is less than $800.00. So I think this is muddying up the waters a bit with assumptions that because it falls within Small Claims, it is auto filed there, THAT I cannot confirm, only assume is the root of the issue. If the courts? Plaintiff had fieled this proceeding within the Small Claims division, why would that not be indicated anywhere on record sent to me? Bottom line? What is my next step? Do I appeal? Do I object with a copy of the FAQs defining the 3 parts and make a point to state clerk is saying it is filed in Special Civil? WTH? None of this makes sense to me at the moment. I don not understand WHY I was not officially made aware of the Small Claims division filing until this was denied.....and if it IS now in Small Claims, why am I finding out after filing and not during the process?
  10. I would initially agree except that by all accounts, in talking to courts, and discussions on forums, this is NOT in Small Claims as defined in the agreement. That was my very first hurdle on this site, and I thought I had completed my homework in investigating this....now am rethinking. Something isn't right. if court clerks say I am NOT in Small Claims, is this a question for new judge? She was judge seated last month?s
  11. Aha! Talked to clerk for more detail. Apparently MTC was denied as contract does not provide for arbitration within SC (Special Civil) jurisdictional limits. This goes back to my understanding of Special Civil Part versus Small Claims in State of NJ Superior Courts. This credit case is for less than 800.00. That being said, I was not sure whether the amount had me in small claims. Ironically, when I called the courts, that clerk told me I was NOT in Small Claims division. Also, by all on forum, I am not in Small Claims. So in reading the Credit Agreement which defines my election for arb...I don't quite understand the dismissal when I have followed all the steps.
  12. Well Folks, not quite sure what I am dealing with here...Special Civil has a newly appointed judge who denied my MTC for arb. Denial reason: Not within SC (Special Civil) Jurisdiction. WTH? My MTC included the CADS with the ARB option, it was highlighted. Also included copies of the notification election of arb sent to Plaintiff 5 days prior, also included JAMS application filled, and all certifed notices all was received by those sent. Any advice? Am thinking at this point either she does not understand, or the JDB will wait till the day of the hearing to DROP the case in hopes I try to make amends. At this point if this continues, what is my next step? Do I contact a lawyer who can go after them for a Fed fair Credit violation or whatever it is that gets me 1k for their error? I am baffled to say the least. Also, you should note, I responded to the TWELVE questions they submitted to me for interrog and admissions with one line basically stating that pending outcome of motion filed, and those outlined in arb clause, I will not be participating in discovery until JAMS is scheduled.
  13. CCRP626, Its been a crash course in filing a motion etc, but with your help, its sinking in! After reading multiple threads fromothers filing in NJ, and considering how much to courts favor creditors in this state, I have decided to file JAMS and attach the demand filing to the motion to compel arbitration. Tomorrow, after mailing my election for arb to Portfolio CRR, I head to the courthouse for review of all work I have completed and if all passes muster, I file. I'll keep you posted and for the forum, will post any form I have completed after lawyer review. Thanks again!