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Showing results for tags 'Special Civil Part'.
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.