late2theparty

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About late2theparty

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  1. Somebody else will have to help you with the FDCA thing. Right now I don't think it matters. Your case was dismissed for lack of prosecution.... did the plaintiff's lawyer fail to appear for trial? You'll need to respond using the same format plaintiff's attny used and state your objection to their attempt to vacate the dismissal and restore case. Lay out your own statement of the facts using the accurate timeline. You should specifically respond to their statement #6 "To deny the current application would highly prejudice the plaintiff". The plaintiff prejudiced themselves when they failed to show up. "the defendant would receive an extreme windfall" - Such a statement is prejudicial and inaccurate. Plaintiff has not proved Defendant owes Plaintiff anything. Also, disagree with "The defendant would not be prejudiced in any way should the court vacate the dismissal and restore the matter to active trial status." Go here: New Jersey Courts in the tabs along the top, click "legal > legal reference materials > civil practitioner's guide. It'll download a pdf. Look at section 13-a regarding Dismissal for lack of Prosecution. Also, RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY BTW, I am not a lawyer and this is just my opinion.
  2. Could someone point me to a sample Motion to Dismiss for lack of standing??? I've searched the stickies but haven't been able to locate. Seems it would be a pretty common tool in JDB cases.... Also, would such a motion need to be supported with briefs? Thanks - I really appreciate it!
  3. Do you know how long you have to respond? Check the rules or call the clerk to find out. You have a good chance of having this thing permanently go away but you need to oppose this motion. Plaintiff has not offered any reason for their previous lack of prosecution so their position is weak. Will need to file your opposition in the same format as Plaintiff.
  4. I could be wrong, but unless you deny the allegations you will get slammed. What evidence did they attach to the complaint?
  5. If you don't put up a vigorous defense, you will almost certainly face a MSJ shortly after answering. Most likely they'll file a MSJ in any event, but a strong answer to their complaint could slow down their response. Take the maximum time allowed to respond to the complaint - but do not miss the deadline! Clock starts ticking when you were served. Check with the court rules to know exactly when the deadline is for your court (small claims, special civil). Same goes for all other motions. Take the maximum time allowed without going over. You can defeat a MSJ and get to trial, but it'll take some effort. Do they have bulletproof evidence? Is this an OC or JDB?
  6. Am I guaranteed the right to question a witness at trial? I'd like to be able to ask the JDB and OC questions. Is there something I needed to demand or say in discovery in order to preserve my right to question a witness at trial?
  7. uhhggg.... I got beat up a bit, but it's not over yet. Appeared for trial yesterday. Instead of hearing the the case, the judge granted plaintiff a continuance to extend discovery. We go before the judge and he's going to rule on their motion for complete answers. I tell him they were sufficient and complete at the time, bcs plaintiff didn't provide any documentation. "Are you saying you didn't need to answer because they didn't file properly?" judge says. "No, your honor, I'm saying that because they didn't provided documents, I had no idea what they were talking about. So I answered to the best of my ability considering my lack of information." He goes through each of the contested answers and says I need to answer more fully. Grants the plaintiff their continuance. Now I don't know if I made a serious error here... I asked the judge to make an immediate ruling on the plaintiff's standing. The judge starts to explain to me that Midland buys these debts so they have the right to sue. "Yes, your honor, but the issue is whether they own a debt that belongs to me." Lawyer passes forward the docs I saw downstairs. I object to their admission into evidence. "On what grounds?" judge asks. I say, "because they are not certified, they're not complete, they're prejudicial..." "Of course they're prejudicial. They're saying you owe them money!" (laughs all around) "your honor, the bill of sale does not mention me or the alleged account number. It references attachments which are not included." "Well, I wasn't going to rule on the case today. You need to complete your answers. I'm sure they'll have the attachments for trial." "Your honor, today was supposed to be the trial. They didn't bring them." "Did you request them in your discovery?" "Yes" "Well, I'm sure they'll bring the necessary documents to trial." "So they will need to have the attachments to the bill of sale?" Judge mumbles something like an affirmative, but I have no idea what he said. So what's done is done, but I don't think I should have pressed the standing thing. Now they know without a doubt that they'll need to bring the attachments and probably a witness. All element of surprise gone now. Trying to weigh my options. Sorry to go on here.... but if you've got any suggestions, let me know.
  8. Forget about the DV for now. You need to respond to the charges listed in the complaint. Are you in small claims or special civil part? Here's a link to the NJ Courts self help resources... New Jersey Courts Search this forum for help on answering the complaint. There are lots of examples. A simple answer may suffice, but you will be better off doing your research now and filing a comprehensive answer. I mean you should address all counts in the complaint, and list all appropriate affirmative defenses. If you have grounds for a counter claim, file that as well. Don't miss the deadline to file your answer, or you will automatically lose.
  9. Does the affidavit name you or the account number specifically?
  10. VA legal aid society: Virginia Legal Aid Society List of HUD approved credit counseling agencies in VA: U.S. Department of Housing and Urban Development (HUD) If foresee the possibility of falling behind on your mortgage, I would contact a HUD approved credit counselor right away. Their backlog is huge, so better to get started now - even if you don't end up requiring their services. You may be able to get free legal advise from the Legal Aid Society, depending on your income.
  11. Thanks, voidjudgment. But is a "warrant of dismissal without prejudice" the same thing as a motion to dismiss without prejudice? Is warrant the same as motion? If I file a motion to oppose - or - my own motion to dismiss w/ prejudice, do I need to file briefs and cite case law?
  12. Seems my earlier exuberance was premature.... I agreed to settle with FIA in return for a motion to dismiss with prejudice. Paid / fulfilled my end of the bargain within the prescribed time. What does the dirtbag scum attorney for FIA send me? A copy of their "Warrant of Dismissal Without Prejudice" already filed with the court. How am I supposed to respond to this?? Here's the full text: "The matter in difference in the above entitled action having been amicably adjusted by and between the parties, it is hereby stated that the same be and it is hereby dismissed without prejudice and without costs against either party." Instead of indicating that my settlement payment represented full satisfaction of this claim, he says it has been "amicably adjusted" and dismissed without prejudice ?!!! Correct me if I'm wrong, but doesn't this leave the door open for them to come after me again? Here's the settlement agreement: "Upon payment the parties release each other from liability covering all matters in this dispute. In the event any party defaults as to the term(s) of Settlement, the aggrieved party may file a Certification with the Clerk of the Special Civil Part together with proof of Service upon the defaulting party, requesting that a Judgment be entered in the amount of the original Complaint." What kind of motion do I have to file to have the "warrant" struck and corrected? Do I have any other course of action to really smack this double dealing s.o.b? To me, this is a deliberate attempt by a licensed member of the bar to falsify the record of this case. I've spent a couple hours searching NJ cases for precedents without any success. It's really infuriating that I have to spend one more minute dealing with their BS!
  13. Which I did not do. Too late now? Can't hurt, can it? Send to both JDB and OC?
  14. Expect I'll need to be prepared for several potential situations depending on the document / witness situation on day of trial. Between now and the trial, I'll submit my own affidavit stating I have not entered into any agreement with the plaintiff and have not seen any conclusive evidence that I owe them anything. First and primary is to attack plaintiff's standing at trial. I'll object to admission of any document on grounds that plaintiff lacks standing. I'd imagine this would force plaintiff to introduce bill of sale / proof of assignment. Will object to that on grounds that it is not certified, incomplete, prejudicial and hearsay citing NJ rules of evidence. BoS does not contain my name or the alleged account #. Will need to have appropriate case law available. They'll likely try to get the nidland employee affidavit admitted to which I'll also oppose on grounds that it is hearsay, prejudicial, and did not comply with California (where affidavit was taken) or NJ rules regarding certification and affidavits. Also attack affidavit on grounds it does not specifically indicate what documents or testimony they have direct first hand knowledge. Any doc from OC cannot be certified by JDB. If somehow the Bill of Sale and affidavit are admitted and plaintiff is able to introduce the single cc statement they've already provided, I go after it using the strategies SingleDadJames posted on account stated: http://www.creditinfocenter.com/forums/there-lawyer-house/306328-my-thoughts-account-stated-mi-general.html The statement they provided shows only interest and penalty charges. It does not show any purchases or payments. This does not demonstrate use of the card / acceptance of the terms. Address correct, but that does not prove that it was mailed. They'll need a witness from the OC at time of the account to verify and substantiate their business practices for that. I really don't recall receiving the statement they've shown, so I don't have a problem saying so. If they bring a stack of statements, I'll object that they have not been previously introduced as per discovery demands. The stack needs to show a complete accounting that calculates exactly to the amount they are suing for. I'll need some business records case law too. How does that sound?