Theday2014

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About Theday2014

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  1. They did not grant it yet my hearing for the motion to compel Arb is very soon. That is what has me worried. I initiated thru Jams already tho to show the Judge I was serious.
  2. Received my initial Jams letter from the case manager however it has Streamlined Rules. In my demand I requested full rules of evidence, comprehensive Jams rules and an in person hearing. Anyone know the steps to take to get it changed to comprehensive from streamlined. Thanks so much in advance.
  3. I want to give as much detail as possible without giving to much identifying information as I do not know if the JDB or their atty checks these forums. My motion to compel arb hearing is coming up very soon its before the trial date and I received a letter from the atty. a copy of what they sent to the court that they are requesting adjournment of the court date until after the expiration of discovery date under rule 6:4:3 and 6:4-7 NJ is the state. I looked at the court online it seems that the court has already changed the date until a month later. However they are supposed to get my consent for adjournment which you know they have not. I think I am able to oppose this trying to figure out how. Will this adjournment affect my motion to compel ARB hearing? I am not participating in discovery and that would waive my rights to ARB. They also sent me a letter to call them to discuss available options. With both letters stating they were attempting to collect a debt. ARB has already been initiated with Jams. My head is spinning right now as I am not sure what step to take next.
  4. Thanks @debtzapper it does Citi with a Jams option.
  5. I requested membership awhile ago it still did not get approved. I cant search the forums or members I have tried when I have found a post that fits but did not fully answer. @debtzapper
  6. @debtzapper Just wanted to give you a special thank you as by linking the thread led me to something else. The poster who said they were successful I went to their threads again and in one you posted a link to one of Philip Sterns answers and it had an exception to the certification. Exactly what I needed for the certification part an example. I am still lost with what Just Me Asking meant by having their motion to compel denied because of a 10 day as they did not specify. Did they mean telling the plaintiff they had 10 days to oppose?
  7. @debtzapper Thanks so much for your response. I am rereading the thread again just to see if I missed anything. I wanted to know the poster who said he was successful did he ever pm the outcome to you. I searched all his posts and a few others just to see the steps they took I am not finding success stories with steps in NJ. If I am successful I promise to post the outcome here so it can be of help to NJ residents.
  8. See case PORTFOLIO RECOVERY ASSOCIATES, LLC v. LARNA N. MORRISEY its one of the several I came across. Now her motion was not based on a dismissal of arb. But there is a lot of nightmare stories of NJ courts verse pro se.
  9. Thanks so much I did. Two choices I have are to file a motion to dismiss in lieu of or I have to file an answer, CIS, and filing fee. Now with the motion to dismiss quite a few I have come across in appeal are the judges being very JDB attorney friendly denying the motion and granting a SJ. However not giving the pro se the 10 days to then file an answer which is part of the rules. So the pro se ends up winning the appeal etc. I do not have the money for the motions, appeals, arb plus settlement plus the second case right behind it. I used to think NJ was a consumer friendly until I got sued now I see its not. I just do not know what to do I am running out of time. I am beyond stressed out which takes a toll on my health and at this point I feel like I am running around in circles. I wish I could file BK I honestly feel its the least stressful I do not care about my credit at this point it is the least of my worries. But it will be sometime down the road before I can do that.
  10. Hi Harry. Thanks so much for your help. It is required that is what I am at a loss for what to write when I am not certifying that. It also may be to a clue why there was so many unsuccessful requests for ARB with debtors motioning it in NJ verse the creditor getting it approved from what my research has been showing me. It is under rule 4:5-1 b2. I spent the first few weeks researching all this between three forums plus looking at appeals in NJ etc. If I was in another state I would of already had my answer and MTC filled out. There seems to be another hurdle after this there is some sort of 10 day rule with the MTC but I can not find data on this a lot of links to NJ court things are dead. I found one clue to this on the only forum I am still awaiting membership on but they did not elaborate if the 10 day rule was the plaintiff had 10 days to respond or if I had to wait 10 days to file a motion from the day I file an answer. I really want to do this right the first time as I do not want to take any chances of what I have been reading. I also go to get this answer file soon and do more research on filing ARB as I have been stuck on this research with no clear answer. So some how I have to certify there is an arbitration and it is contemplated but how to legally write this in an answer I do not know.
  11. Also with keeping some info out of the JDB's eyes who read the boards etc. Debt is for over 10k, in SOL, Sold to a JDB, OC Citi.
  12. Hi all. I have been reading for some time before I even registered thanks for all the useful information here. I am in need of some assistance it seems like my best route may be arbitration. As I am trying either settle for around 20% or if the luck falls upon me mutual walkaway. I would of attempted to fight this in court because its a JDB however from the info I have read its seems like NJ court is not the most debtor friendly and doing this pro se I am nervous. I do not have the money for an attorney I spoke to a few they are costly and I would have nothing left for a settlement should that become an option. I may have to use a lawyer for the ones still in the OC's hands since I have a large amount of debt but for right now in my current financial state its not an option. Bankruptcy is not an option for me right now either it maybe in the near future depending how this battle with my health goes. I do need to buy myself some time because I have another one that has been in a lawyers hands which should be getting filed soon. I do have some questions with the NJ complaint hopefully someone here can assist. There is a part on the answer to the complaint that you have to certify that there is no arbitration pending or contemplated. Its pre filled out and you do have to add that to your answer if you do not use the form. I found that you can not certify it however I can not find anything to help me figure out what wording to use. You also do have to file an answer per what I am reading I can not use the motion to compel as a substitute to the best of my understanding. I do have more questions but I will start thanks so much in advance for any help. Here is what is on the answer form WHEREFORE, the defendant demands judgment dismissing the complaint with costs. AFFIRMATIVE DEFENSE(S) (State the reasons why you disagree with plaintiff’s complaint or why what you did or did not do is not a matter for court. If additional room is needed, attached a separate sheet.) 1. 2. 3. CERTIFICATION OF NO OTHER ACTIONS I certify that this dispute is not the subject of any other action pending in any other court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this complaint, I know of no other parties that should be made a part of this lawsuit. In addition, I recognize my continuing obligation to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. Dated: Signature: CERTIFICATION REGARDING FILING AND SERVICE The undersigned hereby certifies that a copy of this pleading was served and filed within the time permitted by the court rules. Dated: Signature: OPTIONAL: If you would like to have a judge decide your case, do not include the following paragraph in your complaint. If you would prefer to have a jury to decide your case, please sign your name after the following paragraph. DEMAND FOR TRIAL BY JURY TAKE NOTICE that the defendant demands a trial by jury on all issues. Dated: Signature: Revised 11/2014, CN 10554 page 􀀚 of 7 (How to File an Answer to a Complaint in the Superior Court of New Jersey - Law Division - Civil Part)