JBDBEAN

Is this motion to DISMISS on target?

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I don't know what other course of action to take, basically Pressler LIED to me in their response to my request for documents referred to in pleadings (NJ 14:8-2), so I am thinking of filling the following.... I'm I WAY off base? Is this the right thing to do??? Will it aggravate the judge?

IN THE CIRCUIT COURT OF XXX COUNTY

LAW DIVISION

STATE OF NJ

PLAINTIFF, )

Plaintiff, ) Cause No. CAUSE NO

vs. ) Div/Team No. DIVISION

DEFENDANT )

Defendant(s). )

DEFENDANT’S MOTION TO DISMISS AND SUPPORTING SUGGESTIONS

COMES NOW Defendant, XXXXX, and hereby moves this Court to dismiss this matter as Plaintiff, Midland Funding LLC, has purposely attempted to obfuscate the facts as indicated by their response to Defendant’s Request for Copies, as set forth in NJ Rules of Procedure (4:18-2). In support of motion, Defendant offers the following:

• Defendant has timely responded to all Plaintiff’s Requests and Interrogatories, and has cooperated with all Court summons concerning Plaintiff’s complaint, yet to be validated by Plaintiff.

• Defendant sent certified letter, on XXX, to Plaintiff requesting copies of documents referred to in pleadings pursuant to R. 4:18-2 (Attachment #1)

• Defendant received Plaintiff’s response to the request of documents referred to in pleading on XXXX (Attachment #2). The response simply stated “in response to the 4:18-2 Demand for Production of Documents in the above captioned matter, the Complaint does not refer to any documents.”

• The paragraph enumerated two (2) in the complaint refers to a contract that entitles the Plaintiff to 25.000% of the amount due for Attorney fees, yet the Plaintiff goes on record stating that the Complaint does not refer to any documents.

• Plaintiff has brought suit to the honorable Court, yet has failed to illustrate to the Court the validity of the alleged debt. Further, Plaintiff purposely attempted to obfuscate the facts by responding to Defendants request pursuant to R. 4:18-2 in a way to purposely prevent the Defendant in obtaining information to properly defend herself.

• The Plaintiff has not taken the responsibility to pursue this suit within the NJ Rules of Procedure, but rather attempts to collect monetarily through default judgment, a perverse manipulation of the justice system. Lacking appropriate and sufficient evidence to implicate Defendant, relief cannot be granted.

Defendant respectfully requests that this matter be dismissed.

______________________________

Respectfully Submitted,

DEFENDANT

CERTIFICATION OF SERVICE

A copy of the foregoing mailed this DATE, to: PLAINTIFF, ADDRESS.

______________________________

DEFENDANT

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Have you filed a motion to compel discovery or a motion to exclude any evidence not disclosed. If not, it may be premature for a dismissal. If you feel strongly about your position, you could file a Motion for Summary Judgement and have the Judge make a ruling now if you feel their are "No material facts" in dispute.

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Have you filed a motion to compel discovery or a motion to exclude any evidence not disclosed. If not, it may be premature for a dismissal. If you feel strongly about your position, you could file a Motion for Summary Judgement and have the Judge make a ruling now if you feel their are "No material facts" in dispute.

I don't think there is anything to compel, they provided a response. I have to look up the motion to exclude any evidence not disclosed, I'm not familiar with that in NJ.

I am now thinking a "partial" motion for summary judgment, ie, only the second point on the summons.

Thanks for the GREAT thoughts, it really helps!

Jeanie

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I also am being sued by Pressler ect... I answered the lawsuit first by denying I knew about the bill. Now I got the Interrogatories and request for admissions. I saw a bunch of ways it is answered. I can do that. I was also sent a letter for a court date in Feb. 2012.

I wanted to know after I answer their questions, what should I do first, and second, ect...

I think I should be doing something and make them reply to me, Right?

I did call them and they offered me a settlement of $7000.00 and change from a $8000.00 and change bill! What kind of offer is that?

I was offered much better then that from Midland!

I was not in a position to take Midlands position before but I can now. I would settle for $2000.-$2500 now. What do you guys & girls think? Am I crazy to think I could get this from Pressler ....?

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Defendant sent certified letter, on XXX, to Plaintiff requesting copies of documents referred to in pleadings pursuant to R. 4:18-2 (Attachment #1)

I don't know what you sent, but a certified letter may not qualify as a request for production of documents. At any rate, they may argue that the contract referenced in the complaint is under account stated / credit card law, which does not require a contract in the strict legal sense. If they did not sue under breach of contract, this may be moot.

This is not grounds for a motion to dismiss. It sounds in a motion for summary judgment, as you are alleging that they cannot make their case based upon validity of the debt, which any judge will want to let them prove. I think you are jumping the gun based upon a legally unsupportable position.

You are also making some allegations which are a bit over the top. Plaintiff purposely attempted to obfuscate the facts and a perverse manipulation of the justice system are rather harsh accusations which could, if proven, lead to sanctions or disciplinary action by the bar.

Your accusations sound in righteous indignation rather than in well grounded, provable violations of court rules or the Rules of Professional Conduct. Me, I'd back off on that one. That could make trouble for you. At the very least, it will make you look like a kook rather than a well informed pro se litigant who knows the law. Rememeber, you are representing yourself. You are bound by the same rules as opposing counsel in the eyes of the court, whether you have a law license or not. Watch "My Cousin Vinny" when the judge tells Vinny what he expects of him. That applies to all of us who walk through those doors.

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Unless you're represented by counsel, Pressler is going to steamroll you.

Without going into detail, let's just say the firm is "firmly entrenched" in the New Jersey judicial process.

If they say the sky is green, the court will rule that the sky is green.

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what should I do first

Post everything you have received or have sent so we can evaluate it. Nobody can advise you without seeing the paperwork. Redact names and round off the amount. I disagree with the "sky is green" theory. The judicial system is supposed to be blind and impartial. If I walk into court with a picture of a blue sky, they damn well better rule that the sky is blue. If not, they "got some 'splainin' to do."

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