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Anyone familiar with nj civil part?

I need help finding a case to reference in my motion to amend answer..I found this sample form online but I can't find cases?

Comes now defendant Joe consumer and for his motion to amend states as follows.

1.Plaintiff Debt Collector filed its petition against defendant on March 1, 2011, and it was served upon Joe Consumer on March 16, 2011. The date for first appearance in court was set for March 29, 2011.

2.Defendant filed his answer and appeared in court in timely fashion.

3.Defendant is representing himself pro se in this matter and had little time to research the law or his Answer before needing to file his Answer.

4.Defendant has since learned that he has remedies for the wrongs alleged against Debt Collector in his proposed Amended Answer.

5.This matter has not been set for trial, and plaintiff would not be prejudiced by permitting amendment to defendant's Answer.

6.Justice requires that defendant be permitted to amend his petition to allege his claims under the Fair Debt Collection Practices Act and State X's common law. See, Joe Schmoe vs. Heartless Debt Collector, 123 State Law Digest 321, 323 (Your state, 2002)(where a defendant seeks amendment within a reasonable time, the interests of justice require the court to permit that amendment).

7.Defendant does not seek this amendment for improper motives and is not unduly seeking to delay trial in this matter.

Wherefore, Defendant requests that this court permit the filing of the attached proposed Amended Answer.

Respectfully,

Joe Consumer

tHANK YOU

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Found this in like 3 minutes a new record(I cheated I have helped people in NJ before)

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

RULE 4:9. Amended And Supplemental Pleadings

4:9-1. Amendments

A party may amend any pleading as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is to be served, and the action has not been placed upon the trial calendar, at any time within 90 days after it is served. Thereafter a party may amend a pleading only by written consent of the adverse party or by leave of court which shall be freely given in the interest of justice. A motion for leave to amend shall have annexed thereto a copy of the proposed amended pleading. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders.

Note: Source-R.R. 4:15-1; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996.

4:9-2. Amendments to Conform to the Evidence

When issues not raised by the pleadings and pretrial order are tried by consent or without the objection of the parties, they shall be treated in all respects as if they had been raised in the pleadings and pretrial order. Such amendment of the pleadings and pretrial order as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend shall not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings and pretrial order, the court may allow the pleadings and pretrial order to be amended and shall do so freely when the presentation of the merits of the action will be thereby subserved and the objecting party fails to satisfy the court that the admission of such evidence would be prejudicial in maintaining the action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.

Note: Source-R.R. 4:15-2; amended July 13, 1994 to be effective September 1, 1994.

4:9-3. When Amendments Relate Back

Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading; but the court, in addition to its power to allow amendments may, upon terms, permit the statement of a new or different claim or defense in the pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the party to be brought in by amendment, that party (1) has received such notice of the institution of the action that the party will not be prejudiced inmaintaining a defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party to be brought in by amendment.

Note: Source-R.R. 4:15-3; amended July 13, 1994 to be effective September 1, 1994.

4:9-4. Supplemental Pleadings

On motion by a party the court may, upon reasonable notice and on terms, permit that party to serve a supplemental pleading setting forth transactions or occurrences which took place after the date of the pleading sought to be supplemented. A motion for leave to file a supplemental pleading shall have annexed thereto a copy of the proposed pleading. The court may require the opposing party to plead thereto, specifying in its order the time therefor.

Note: Source-R.R. 4:15-4; amended July 13, 1994 to be effective September 1, 1994.

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they are already objecting to my motion to amend... :(

You could argue that today is Wednesday, January 25, 2012, and they will object. It's what attorney's do, fight for their client.

I had a law firm argue their client did not have to follow the FDCPA as they were not a debt collector. Their client had already admitted they were a debt collector, their letters had all the required FDCPA language on them and in discovery they had disclosed to me their FDCPA compliance officer.

But when it got time for summary judgement, they were not a debt collector so my case should be dismissed. :roll:

Get used to it, there are a ton more objections yet to come. This is just the beginning.

I just always cut them off with their little game and just demanded oral arguments. It's amazing what they will write in a motion, but actually, on the record, in open court, arguing it in front of a judge ??? Yeah, they are not as eager to argue as much B.S.

The one time they did (argued business records exception to hearsay) the Judge actually looked stunned, a look on his face like "Did you just say what I thought I heard you say." :D

Just part of the game and the process. Get used to it.

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haha you keep my hopes up! Thank you!

You could argue that today is Wednesday, January 25, 2012, and they will object. It's what attorney's do, fight for their client.

I had a law firm argue their client did not have to follow the FDCPA as they were not a debt collector. Their client had already admitted they were a debt collector, their letters had all the required FDCPA language on them and in discovery they had disclosed to me their FDCPA compliance officer.

But when it got time for summary judgement, they were not a debt collector so my case should be dismissed. :roll:

Get used to it, there are a ton more objections yet to come. This is just the beginning.

I just always cut them off with their little game and just demanded oral arguments. It's amazing what they will write in a motion, but actually, on the record, in open court, arguing it in front of a judge ??? Yeah, they are not as eager to argue as much B.S.

The one time they did (argued business records exception to hearsay) the Judge actually looked stunned, a look on his face like "Did you just say what I thought I heard you say." :D

Just part of the game and the process. Get used to it.

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