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How to Respond to Motion for Summary Judgment in NJ


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I am being sued in NJ, Special Civil Part, by Pressler & Pressler on behalf of Midland Funding, LLC. We've gone back and forth with their interrogatories and my notice to produce to them. They finally responded to notice to produce with a generic credit agreement from Credit One and a copy of a monthly statement. There is no chain of title showing that Midland Funding owns this debt. Then I received a Notice of Motion for Summary Judgment. In the motion, they included a Statement of Material Facts, an Affidavit, a computer generated report of financial information for the alleged account, a Bill of Sale (that didn't include any account numbers) and a Brief. I'm not sure how to respond to the motion. Can anyone help me? I'd greatly appreciate it. I've gotten a lot of great information from this forum, but can't really find anything specific. Thanks!

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Well if it was me, I would motion to strike everything they did not provide as to your discovery requests, as well as everything that is not admissable. The affidavit is likely froom some midland flunky that has no personal knowledge. The computer generated report I am sure purports to be business records, yet they are not the OCs business records. The Bill of sale is not valid as it does not reference your account.

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Here's a sample MTS account statements for Georgia. The same format could also be used for a MTS an affidavit. You would have change certain things, of course. You would also need to include NJ case law for striking cc statements and affidavits.

http://www.creditinfocenter.com/forums/there-lawyer-house/308595-sample-motion-strike-account-statement.html

This next link is from a NJ attorney who defends debtors. It's his motion FOR summary judgment, but it could be a template for your Opposition to Plaintiff's Motion for Summary Judgment. It also has arguments and case law that you could use for your opposition. Needless to say, don't copy it verbatim.

http://www.philipstern.com/files/2011.07.07.SJM.pdf

The next link is a sample brief from the same attorney. Again, it's for summary judgment, but the arguments can be used for an opposition.

http://www.philipstern.com/files/Brief_sample_-_SJM_Debt_Buyer_Collection_Case.pdf

Hope this helps.

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  • 6 months later...

Thank you for these links. These documents are very helpful. It looks like the attorney is objecting the plaintiff's motion for summary. Or maybe i got it wrong and a MSJ can be either for or against the defendant?

Here's a sample MTS account statements for Georgia. The same format could also be used for a MTS an affidavit. You would have change certain things, of course. You would also need to include NJ case law for striking cc statements and affidavits.

This next link is from a NJ attorney who defends debtors. It's his motion FOR summary judgment, but it could be a template for your Opposition to Plaintiff's Motion for Summary Judgment. It also has arguments and case law that you could use for your opposition. Needless to say, don't copy it verbatim.

The next link is a sample brief from the same attorney. Again, it's for summary judgment, but the arguments can be used for an opposition.

Hope this helps.

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