mirandagk Posted November 12, 2007 Report Share Posted November 12, 2007 I have a quick question concerning motion hearings. I was recently served wtih papers regarding a sears debt that some jdb is trying to collect from me here in NJ (infamous Pressler & Pressler). I was served in September and my court date was for next week (Nov. 26). I exchanged interrogatories with the plaintiff's attorney and upon receiving their response to my interrogatories I found out that they only had a bill of sale and some computer generated printout from excel with my info. I immediately proceeded to file a motion to strike and dismiss their complaint. They responded to the motion with a bunch of legal terms and they requested oral arguments on it. So yesterday I got a notice in the mail for a court date on the motion hearing (Dec. 17). My question is, does this mean that my trial date is postponed due to me filing a motion? Is there anyway for me to resend/cancel my motion. I can't afford to miss work in December on this case only to have it most like denied and then have to wait another month for another court date to be scheduled. Any information would be greatly appreciated. Thanks in advance Link to comment Share on other sites More sharing options...
montanatim Posted November 12, 2007 Report Share Posted November 12, 2007 What have you asked for in discovery? Why the motion to strike,(strike both items)? Do they have any other documents in the chain of custody? How many hands (CA's/JDB's) has this passed through? Call or visit your court and make sure the Nov.26Th date has been vacated. Your oral arguments on their evidence you wish to strike could put an end to this suit. The judge will certainly want to know why you feel this evidence should be stricken. Argue well and if this is all they have, and it's thrown out, then I'd move on the spot that their case be dismissed with prejudice. What kind of argument do you have that this evidence should be thrown out? Link to comment Share on other sites More sharing options...
mirandagk Posted November 12, 2007 Author Report Share Posted November 12, 2007 I'm not even sure how many CA/JDB this has gone through cause I don't have any documentation and nor do they. During discovery I asked for the entire chain of title/ownership for the debt going all the way to when sears charged it off till present, I requested billing statements,calculations, contract with my signature, etc, etc. They answered discovery with a bill of sale between them and another jdb, not sears, and "placement information"(computer printouts from excel that have no identifying information). They stated they don't have any chain of title/ownership and that they didn't have any statements, etc but had requested them and if they received them they would become available to me. In my motion I basically wanted to strike both items and dismiss the complaint completely. I argued that what they had should be considered heresay, that there was no proof of a relationship between them and the original creditor(sears), and that they failed to demonstrate the original debt even exists.They objected to my motion citing caselaw(which seemed to say that they didn't need to prove assignment and that really didn't even need anything in writing stating such (Sullivan v. Visconti). Objection just kept referencing that prrof of ownership may be presented by testimony alone (Waln v. Hance's Adm'rs). Then they said that my motion was grossly premature...Mind you I made this motion in the beginning of November...2 weeks before trial date...can't see how that would be considered premature.I am going to call the court tomorrow to check on the trial date being changed...I just would hate to have to throw in the towel with these people but I can't afford to take off from work for a stupid motion hearing that I didn't even request. I thought there may have been a way to resend/vacate the motion Link to comment Share on other sites More sharing options...
nascar Posted November 12, 2007 Report Share Posted November 12, 2007 Then they said that my motion was grossly premature...Mind you I made this motion in the beginning of November...2 weeks before trial date...can't see how that would be considered premature.... premature in terms of the nature of the proceedings - not the date. I can't afford to take off from work for a stupid motion hearing that I didn't even request.You filed the motion - not them. What did you expect would happen? Look in your Rule of Civil Procedure on withdrawing motions.Don't be surprised if they ask for and are awarded additional legal fees because of this. Link to comment Share on other sites More sharing options...
mirandagk Posted November 12, 2007 Author Report Share Posted November 12, 2007 okay thanks for the help Link to comment Share on other sites More sharing options...
nascar Posted November 12, 2007 Report Share Posted November 12, 2007 Well, for what it's worth, the cases you cited - Sullivan and Waln - are from 1905 and 1895, respectively, and have nothing to do with chain of title in multiple assignments. Just because they're old doesn't make them wrong, but if that's all the other side can come up with ... that's good for you. Link to comment Share on other sites More sharing options...
Recommended Posts