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I've been reading and have not found anything in the stickies that I understand as to how to do this with my state (NJ):

How do I go about filing a motion for dismissal?

I sent interrogitories to the lawyer:

Demand is hereby made of the Plaintiff (s) for Certified Answers to the following Interrogatories within the time prescribed by the rules of this court.

Each question below requests an answer or information relating to an alleged AT&T Wireless Account Number xxxxxxx purchased by Palisades Collection LLC. And your answers should be directed to:

1. Set forth with specificity all facts in support of each claim which the Plaintiff has in the above-entitled matter including the alleged credit application from “AT&T Wireless Account number xxxxxx”, bearing the plaintiff’s signature.

ANS

2. The alleged credit agreement from “AT&T Wireless Account number xxxxxxxx” that states interest rate, grace period, terms of repayment, et cetera.

ANS

3. The alleged Itemized statements from “AT&T Wireless Account number xxxxxxxxx”

that demonstrate how the alleged amount of $1,xxx.xx was calculated.

ANS

4. Attach copies of letter(s) sent to plaintiff by Palisades Collection LLC., demonstrating an attempt to collect on the alleged debt, “AT&T Wireless Account number xxxxxxxxxx”.

ANS

5. Attach copies of any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to “AT&T Wireless Account number xxxxxxxxxx”.

ANS

6. Attach copies of any further documentation, beyond what has been previously requested, that clearly establishes plaintiff’s liability and/or responsibility to the alleged debt.

ANS

and the response we got was:

Plaintiff objects to defendant's interrogitories pursuant to R. 6:4-3(e). If defendant forwards a new discovery request in compliance with R. 6:4-3(e), Platiff shall endeavor to provide responses within the time permitted by the Rules of the court.

The lawyer has not provided proof of anything and now has sent a supplemental interrogitory to be answered??

The best part is, the court date is before the 30 days the new iterrogitories are due.

What should be our next step??

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6:4–3. Interrogatories; Admissions; Production

(a) Generally. Except as otherwise provided by R. 6:4–3© interrogatories may be served

pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions,

summary landlord and tenant actions for the recovery of premises and actions commenced or pending

in the Small Claims Section. The 40- and 60-day periods prescribed by R. 4:17–2 and 4:17–4,

respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in

Special Civil Part actions.

(B) Dismissal or Suppression. If timely answers to interrogatories are not served and no formal

motion for an extension has been made pursuant to R. 4:17–4(B), the complaint, counterclaim or

answer of the delinquent party may be dismissed or stricken by the court upon motion accompanied by

a certification stating such failure and a form of order of dismissal or suppression. Thereafter, on formal

motion made by the delinquent party within 30 days after service of the order, the court may vacate the

order provided fully responsive answers to the propounded interrogatories are presented and the

delinquent party pays costs in the amount of $25.00 to the Clerk of the Special Civil Part. An order of

dismissal or suppression shall be entered only in favor of the moving party.

© Automobile Negligence Actions. A party in an automobile negligence action may propound

interrogatories only by demanding, in the initial pleading, that the opposing party answer the appropriate

standard set of interrogatories set forth in Forms C, D, and E of the Appendix to these Rules, specifying

to which set answers are demanded and to which questions, if less than all in the set. The demand shall

be stated in the propounding party's initial pleading immediately following the signature. Interrogatories

shall be served upon a party appearing pro se within 10 days after the date on which the pro se party's

initial pleading is received. A party making claim for property damage or personal injuries shall serve

answers within 30 days after the date of service of the pleading containing the demand, and a party

defending such claim shall serve answers within 30 days after such date. The answers shall be set forth

in a document duplicating the appropriate Form, containing the questions propounded, each followed

immediately by the answer thereto. Additional interrogatories may be served and enlargements of time

to answer may be granted only by court order on timely motion on notice, for good cause shown, and

on such terms as the court directs.

(d) Request for Admissions. The provisions of R. 4:22 (admission of facts and genuineness of

documents) shall apply to actions in the Special Civil Part.

(e) Production; Inspection. The provisions of R. 4:18 (production of documents, inspection)

shall apply to actions in the Special Civil Part.

(f) Actions Cognizable in Small Claims Section, Discovery. Any action where the demand

does not exceed the monetary limit of the Small Claims Section of the Special Civil Part shall proceed

without discovery, except pursuant to formal motion and good cause shown.

Note: Source—R.R. 7:6–4A(a) (B) ©, 7:6–4B, 7:6–4C. Caption amended and paragraph ©

adopted July 7, 1971 to be effective September 13, 1971; caption amended, paragraph (a) amended,

and paragraph (d) adopted July 29, 1977 to be effective September 6, 1977; paragraph (a) amended

July 24, 1978 to be effective September 11, 1978; paragraph (e) adopted July 15, 1982 to be

effective September 13, 1982; paragraph (e) amended July 22, 1983 to be effective September 12,

1983; paragraphs (a), ©, (d) and (e) amended November 7, 1988 to be effective January 2, 1989;

paragraph (a) amended, paragraph (B) adopted and former paragraphs (B), ©, (d) and (e)

redesignated as ©, (d), (e) and (f) respectively, June 29, 1990 to be effective September 4, 1990;

paragraph (B) amended August 31, 1990, to be effective September 4, 1990; paragraphs (B) and ©

amended July 14, 1992 to be effective September 1, 1992.

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I don't see how the rule he uses applies.

rule 4:18 states:

RULE 4:18. DISCOVERY AND INSPECTION OF DOCUMENTS

AND PROPERTY; COPIES OF DOCUMENTS

4:18-1. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery

(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect, copy, test, or sample any designated documents (including writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things that constitute or contain matters within the scope of R. 4:10-2 and that are in the possession, custody or control of the party on whom the request is served; or

(2) to permit entry upon designated land or other property in the possession or control of the party on whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2.

(B) Procedure. The request may, without leave of court, be served on the plaintiff after commencement of the action and on any other party with or after service of the summons and complaint on that party. A copy of the request shall also be simultaneously served on all other parties to the action. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced. The party on whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 50 days after service of the summons and complaint on that defendant. On motion, the court may allow a shorter or longer time. The written response, without documentation annexed but which shall be made available to all parties on request, shall be served by the party to whom the request was made on all other parties to the action. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating the reasons for objection. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. If objection is made to the requested form or forms for producing electronically stored information or if no form was specified in the request, the responding party shall state the form or forms it intends to use. The party submitting the request may move for an order of dismissal or suppression or an order to compel pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested. If a party who has furnished a written response to a request to produce or who has supplied documents in response to a request to produce thereafter obtains additional documents that are responsive to the request, an amended written response and production of such documents, as appropriate, shall be served promptly. Unless the parties otherwise agree, or the court otherwise orders: (1) A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request; (2) if a request does not specify the form or forms for producing electronically stored information, a responding party shall produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and (3) a party need not produce the same electronically stored information in more than one form.

© Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. Pre-litigation discovery within the scope of this rule may also be sought by petition pursuant to R. 4:11-1.

Note: Source – R.R. 4:24-1. Former rule deleted and new R. 4:18-1 adopted July 14, 1972 to be effective September 5, 1972; rule caption and paragraph © amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (B) amended July 13, 1994 to be effective September 1, 1994; paragraph (B) amended July 10, 1998 to be effective September 1, 1998; paragraph (B) amended July 5, 2000 to be effective September 5, 2000; paragraph (B) amended July 12, 2002 to be effective September 3, 2002; caption and paragraphs (a) and (B) amended July 27, 2006 to be effective September 1, 2006 .

4:18-2. Copies of Documents Referred to in Pleading

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

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I really need help with this ASAP.

I know she should hire a lawyer, but she can't afford one.

Their lawyer is now sending mail almost every day to get mroe answers to their interrogitories, but still have not answered hers. They sent an objection, but sent it regular mail.

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Don't take this wrong way, but this used to be a good place for this kind of help.

I'm not asking a question thats been posted 100 times, and I've posted all the info as requested.

Is there some reason I'm not getting any help.

The help I have got from this site has been amazing until recently, whats up that?

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The question is:

What would be the proper wording for filing a motion for dismaissal?

Do I need to quote a certain statute?

They servered no evidence with the summons and have objected to all my interrogitories saying:

Plaintiff objects to defendant's interrogitories pursuant to R. 6:4-3(e). If defendant forwards a new discovery request in compliance with R. 6:4-3(e), Platiff shall endeavor to provide responses within the time permitted by the Rules of the court.

And this is the statute they used:

6:4–3. Interrogatories; Admissions; Production

e) Production; Inspection. The provisions of R. 4:18 (production of documents, inspection)

shall apply to actions in the Special Civil Part.

R. 4:18 is back on post #8

WTH does that mean? Is he full of beans or what?

Now the lawyer sent us a letter stating he didn't like the way we answered his interrogitories, so we have 10 days to furnish better answers.

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Palisades collection LLC

vs.

Her Name

Plaintiff have a priciple place of business at (adddress is a NJ address)

1. It is now the owner of the defendant's AT&T Wireless goods and/or services account number (11111111). There is due the plantiff from the defendant (Her name here) which is now in default the sum of 1136.16 plus interest from 3/02/2004 to 6/13/2006 in the amount of 40.51 for a total of 1176.67

WHEREFORE, plantiff demands judgment for the sum of 1176.67 plus accruing interest tot he date fo judgment plus costs.

Page 2 states

Demand Amount 1176.67

Filing fee 32.00

service fee 6.00

attoney fees 38.53

total 1253.20

That was the only thing that came. No supporting evidence ( no contract or bills included) or any other papers, just what they filed at the court house.

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Sounds like they don't have any papers and they are stalling.

From post #8, above:

The party submitting the request may move for an order of dismissal or suppression or an order to compel pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested.
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