NJdefendant

PLEASE HELP WITH SUMMARY JUDGMENT!

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I have to object this summary judgment! I have no clue how to proceed. I have been working on objections that I'll post shortly. bellow you will find a link to plaintiffs summary judgment and supporting documents they sent.

I have to respond by tomorrow! PLEASE HELP ME!

https://docs.google.com/document/d/1Ai7JeeK1xHnu9OAgu4pg_7RYB5pSpC8haNtsMKb5E-w/edit

THANK YOU!

Try to pattern your objection off of one of these templates:

Philip D. Stern & Associates, LLC - Cases

Best,

HP

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It sounds like you need to file a Motion To Vacate Judgment and use 1 or more of the reasons you found at the above link. Check the rules of your state because you probably have less than 30 days to file this type of Motion but once you file they can't proceed with any hearings to garnish wages or collect any further till that hearing is done. After that is filed you appear in court on the first court date given and go from there as far as discovery. You will probably get 30-60 days for discovery and by all means if they don't give you what you request in discovery I would ask the court for dismissal with prejudice before even moving on to a hearing. I am not sure if you can even request discovery with that type of Motion but if not I am sure you have enough of an argument to Vacate.

BTW while you are messing around with a Motion to Reconsider, which sounds like a Motion to Reopen Hearing, your time may run out to file your Motion to Vacate. A Motion to Reopen you need to prove that a mistake was made during a hearing to have that granted. If I were you I would file a Motion to Withdraw that reconsider and at the same time file the Motion To Vacate.

Edited by BeachesandBeer
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New Jersey does not have a motion to vacate. They have the one we gave him, and RULE 4:50. Relief From Judgment Or Order, which does not apply well here as it relates to fraud, new evidence, etc. His claim is judicial error based on the time frame for filing paperwork. The one we gave him covers errors.

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ok guys so they objected my motion for reconsidering basically saying they sent the proof but their proof is bs they don't even have a contract or a sale bill... should i object to their objection? i think i have 4 days to object if i understand the rules correctly

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I called the clerk and they are saying that they haven't received the objection from the plaintiff and that the motion for reconsidering was already scheduled for review today...she also said i don't need to respond to their objection because their objection is not in the court files...I guess I can just send one in the mail just to be on the safe side.

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Even if the court had their objection, I don't see how it could make a difference. Your motion for reconsideration wasn't based on their evidence or lack of evidence. It was based on the fact that you were supposed to have 10 days to file your opposition to the MSJ, but you weren't given the amount of time allowed by the court rules. Your motion is requesting that the judge reconsider his decision and take a look at your timely filed opposition to their MSJ.

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That's fine. I am already talking to an attorney. You would think they'll give up by now.

BUT I MUST THANK ALL OF YOU HERE ON THIS FORUM...GREAT JOB HELPING OTHERS LIKE ME. THANK YOU!

You'll probably end up getting this scheduled for trial.
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A new trial has been scheduled for the end of this month...so here isa couple of questions:

1. They never responded to my interrogatories it's been over 30 days should I send them a second request?

2. Can I file a motion for summary judgment? or what other motions can I file at this point?

Thank you

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Anyone? I don't want to go to trial and attorney is pricey. Thank you

A new trial has been scheduled for the end of this month...so here isa couple of questions:

1. They never responded to my interrogatories it's been over 30 days should I send them a second request?

2. Can I file a motion for summary judgment? or what other motions can I file at this point?

Thank you

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A new trial has been scheduled for the end of this month...so here isa couple of questions:

1. They never responded to my interrogatories it's been over 30 days should I send them a second request?

2. Can I file a motion for summary judgment? or what other motions can I file at this point?

Thank you

I'd send a letter to the attorney reminding him of the date you first sent your requests and that you have not yet received responses to those requests. If they still don't answer, you can show the court you tried to get them to respond without involving the court.

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this is special civil you are correct...I sent them three interrogatories sometime at the end of January but they never replied..That's the only time...I sent them request for production of docs before the interrogatories but they replied back saying it doesn't apply to special civil, that I was limited to 5 interrogatories...and they were right but at that time I didn't know which court rules to follow,didn't know the difference...

If you sent more than 5, they don't have to answer, I seem to recall you were in Special Civil. I gave you the link for the rules.
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6:4-3. Interrogatories; Admissions; Production

(a) Generally. Except as otherwise provided by R. 6:4-3(B) interrogatories may be served pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions, summary landlord and tenant actions for the recovery of premises, and actions commenced or pending in the Small Claims Section. The 40-day and 60-day periods prescribed by R. 4:17-2 and R. 4:17-4, respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in Special Civil Part actions.

(f) Actions Cognizable in Small Claims Section, Discovery. Any action cognizable but not pending in the Small Claims Section of the Special Civil Part shall proceed without discovery, except that each party may serve 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.

(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.

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

I see no limits for documents or admissions, just ROGs.

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ok guys here is what I have so far:

Judge granted my motion for reconsideration saying the following:

Defendant's motion for reconsideration is granted because plaintiff's motion summary judgment is denied because creditor must prove more than merely the total amount remaining unpaid. plaintiff must also prove they are the owner od the debt. LVNV funding llc v. Colvell,A-1313-10

plaintiff never answered my interrogatories from jan 24..I sent them second request today.

I just received a letter from plaintiff they are trying to adjourn trial to a later date AGAIN! because they weren't notified on time for the new trial date.

Obviously they are delaying this matter what should I do next?

Can I file a motion for summary judgment against plaintiff at this point?

thank you

Edited by NJdefendant
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I am little confused by these rules to be honest with you. I initially sent them production of documents and their attorney came back saying it doesn't apply to special civil and that I am limited to 5 interrogatories. but in the rules bellow it says I could ask for inspection/production of documents which one is it?

6:4-3. Interrogatories; Admissions; Production

(a) Generally. Except as otherwise provided by R. 6:4-3(B) interrogatories may be served pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions, summary landlord and tenant actions for the recovery of premises, and actions commenced or pending in the Small Claims Section. The 40-day and 60-day periods prescribed by R. 4:17-2 and R. 4:17-4, respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in Special Civil Part actions.

(f) Actions Cognizable in Small Claims Section, Discovery. Any action cognizable but not pending in the Small Claims Section of the Special Civil Part shall proceed without discovery, except that each party may serve 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.

(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.

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

I see no limits for documents or admissions, just ROGs.

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