Paralyzed

Members
  • Content Count

    22
  • Joined

  • Last visited

Community Reputation

2 Neutral

About Paralyzed

  • Rank
    Member

Profile Fields

  • Location
    NJ

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  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 substant
  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 hearin
  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 t
  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 t
  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 communicatio
  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
  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
  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!