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Help Me-What do I do next in fight against JDB

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Step by Step

1. Received debt collection letter from P&P

2. Sent a request for DV

3. Received 2 copies of statements as DV

4. P&P files suit

5. I answer

6. Received interrogatories

7. Sent my 1st request for prod of doc

8. Plaintiff denied request, stating that I am only entitled to interrogatories-citing the case law that referenced interrogatories only

9. Sent my 2nd request for prod of doc

10.Plaintiff again refused my request, citing the wrong case law again

11.Plaintiff submitted the same 2 statements, a signed application and copy of credit card agreement with the refusal. None of it authenticated by the OC. No signed receipts. No statements from the beginning of the account. No amendments and the agreement was from 2006, not 2007.

12. The plaintiff has only sent interrogatories, which I am mailing back today, and they have refused my request for docs, yet they asked for an adjournment for outstanding discovery and received it.

My Argument

13. Plaintiff has never produced a chain of assignment from Citybank to them. No proof whatsoever of their right to pursue a lawsuit.

14. There are no affadavits-so their case is 2 statements, agreement from the wrong year, and a card application. No statements from when account had 0 balance. No signed receipts.

15. They lied to the court to get an adjournment, when the only discovery I received, was due back 1 week before trial. They refused to answer mine.

I want to file a motion for summary judgment.

What do you think?

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Step by Step

1. Received debt collection letter from P&P

2. Sent a request for DV

3. Received 2 copies of statements as DV

4. P&P files suit

5. I answer

6. Received interrogatories

7. Sent my 1st request for prod of doc

8. Plaintiff denied request, stating that I am only entitled to interrogatories-citing the case law that referenced interrogatories only

9. Sent my 2nd request for prod of doc

10.Plaintiff again refused my request, citing the wrong case law again

11.Plaintiff submitted the same 2 statements, a signed application and copy of credit card agreement with the refusal. None of it authenticated by the OC. No signed receipts. No statements from the beginning of the account. No amendments and the agreement was from 2006, not 2007.

12. The plaintiff has only sent interrogatories, which I am mailing back today, and they have refused my request for docs, yet they asked for an adjournment for outstanding discovery and received it.

My Argument

13. Plaintiff has never produced a chain of assignment from Citybank to them. No proof whatsoever of their right to pursue a lawsuit.

14. There are no affadavits-so their case is 2 statements, agreement from the wrong year, and a card application. No statements from when account had 0 balance. No signed receipts.

15. They lied to the court to get an adjournment, when the only discovery I received, was due back 1 week before trial. They refused to answer mine.

I want to file a motion for summary judgment.

What do you think?

I think a MSJ might be a little premature. Some of your arguments are certainly valid I'm just not so sure a MSJ is going to be the way to go yet. When is trial scheduled for?

I guess my concern is it takes a GREAT deal of time and research to pull off a MSJ correctly. It can be done by a pro se but it is NOT an easy endeavor. I suspect the plaintiff will spring one on you before you ever get time to fully prepare yours or hit trial anyway. You also need to be careful with a MSJ. I don't know about your state, but here in MI the rules of civil procedure allow the Court to issue a summary judgment for either party when considering a Motion for summary judgment. In other words here in MI if I were to file a Motion for summary disposition on the Plaintiff, if when considering the motion the Court decides that the Plaintiff is entitled for summary judgment instead of me they can go ahead and rule in favor of the plaintiff. Something to look into and consider before jumping the gun.

Does the law actually say you are entitled to RPOD? I think I might focus on trying to get my discovery requests answered fully if I am entitled to them. If you are only entitled to interrogatories have you sent them and gotten a response back?

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Does NJ have different rules for different courts? The Superior Court allows production of documents. Does that apply to the lower courts, as well?

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Yes, I can serve them with requests for Production of Documents see Rules below.

(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.

THIS IS THE RULE (BELOW) THEY KEEP QUOTING WHEN THEY TURN DOWN MY REQUESTS. MAYBE I AM BLIND, BUT THIS REFERS TO INTERROGATORIES ONLY. THEY QUOTED THIS RULE TWICE.

(f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown.

If they have clear title, what is the fight all about?

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We can only serve five interrogatories in special civil. They served us with 3 and I just sent them back CMRRR. (3 days before they are due)

I just got a feeling about these side winders, and it ain't good. They will go to court with nothing and win.

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