NJdefendant

PLEASE HELP WITH SUMMARY JUDGMENT!

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They filed motion for reconsideration to reinstate sumary judgment and attached bill of sale and some computerized report with my name on it. I will oppose obviously. I'll follow Sterns oppositions from his website. They also sent a motion for more responsive answers to interrogatories. They sent me intterogatories in question twice before and I basicaly gave them the same answers. What should I do with those?Object?

Can they be penalized for filing these frivoulous motions. I mean what can I possibly give them?

Just be careful with what you send them, this isn't superior court, you are limited as to what kind of discovery and motions you can file. Just read the rules before you send anything.
Edited by NJdefendant
I think that they are just delying trial!
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Have you contacted Stern's office with this latest news? Motion for more responsive answers after you already answered twice, their motion for reconsideration, etc? Perhaps if he knows everything they're doing, he might want to take your case.

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I tried to get him on board but basically he says he can't handle it because he is shorthanded. I will definately try again and keep fighting this!

Have you contacted Stern's office with this latest news? Motion for more responsive answers after you already answered twice, their motion for reconsideration, etc? Perhaps if he knows everything they're doing, he might want to take your case.
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Oh OK because it says if I want to oppose I have 10 days to do so and then there is a page where it says opposed not opposed...

so I am thinking how to oppose just for the sake of the option they are giving me..I answered their interrogatories in Jan twice..they had over 60 days to file this motion but they didn't do anything about it. Basically since their SJ motion was vacated in Feb. they sat quiet...and then 1 week before trial they asked for adjornment because it was less than 30 days since they received sj order and they are allowed 30 days apparently..Judge denied adjournment...and then you know what happened at trial he got away with adjournment again so...

Unless the court ruled in favor of their motion, no further response is required.
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File for a protective order. Make them get the permission from the court to even contact you. Argue they are abusing the discovery process and you need the "courts protection."

I think it's called a protective order across the board, but don't know for sure. It might have a different name, but it is an order to protect you from b.s. like this.

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I will look into it for sure! THANK YOU!

File for a protective order. Make them get the permission from the court to even contact you. Argue they are abusing the discovery process and you need the "courts protection."

I think it's called a protective order across the board, but don't know for sure. It might have a different name, but it is an order to protect you from b.s. like this.

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4:17-5. Objections to Interrogatories

4:23-1. Motion for Order Compelling Discovery

(3) Every notice of motion shall include the following language: "NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney."

rule 6.3-3

(4) In addition to the notice contained in subparagraph (3) above, all notices of motion for summary judgment must also state: "We are asking the court to make a final decision against you without a trial or an opportunity for you to present your case to a judge. We are requesting that a decision be entered against you because we say that the important facts are not in dispute and the law entitles us to a judgment. If you object to the motion, you must file a written response stating what facts are disputed and why a decision should not be entered against you."

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How about this?

4:17-6. Limitation of Interrogatories

Except as otherwise provided by R. 4:17-1(B), the number of interrogatories or of sets of interrogatories to be served is not limited except as required to protect the party from annoyance, expense, embarrassment, or oppression. The party to whom interrogatories are propounded may apply for a protective order in accordance with R. 4:10-3.

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I will read the rules over but I guess this one doesn't apply.

I have to file asap don't want to wait 10 days because last time judge made decision on the 9th day..

You have to find out if the protective order in Rule 4:10-3 applies to special civil.
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I will read the rules over but I guess this one doesn't apply.

I have to file asap don't want to wait 10 days because last time judge made decision on the 9th day..

Didn't you already file an Opposition? I suppose you could tweak it a bit, and file it again.

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I don't see the rule quoted anyplace, the only reference is here below. I doubt a protective order would apply, since they only allow 5 questions to begin with. Send more, they just throw them away and don't have to respond.

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.

(B) Automobile Negligence and Personal Injury Actions. A party in an automobile negligence or personal injury action may propound interrogatories only by demanding, in the initial pleading, that the opposing party answer the appropriate standard set of interrogatories set forth in Forms A, A(1), A(2), C, C(1) through C(4), D, and E of Appendix II to these Rules, specifying to which set of interrogatories answers are demanded and to which questions, if less than all in the set. The demand shall be stated in the propounding party's initial pleading immediately following the signature. Interrogatories shall be served upon a party appearing pro se within 10 days after the date on which the pro se party's initial pleading is received. Answers to the interrogatories shall be served within 30 days after service of the answer, except that a pro se party shall serve answers within 30 days after receipt of the interrogatories. The answers shall be set forth in a document duplicating the appropriate Form, containing the questions propounded, each followed immediately by the answer thereto. Additional interrogatories may be served and enlargements of time to answer may be granted only by court order upon motion on notice, made within the 30-day period, for good cause shown, and on such terms as the court directs.

© Physical and Mental Examinations in Personal Injury Actions; Protective Orders. The provisions of R. 4:19 shall apply to personal injury actions in the Special Civil Part, except that the time period prescribed by R. 4:19, requiring that an examination not be scheduled prior to 45 days following the notice of the examination and that a motion for a protective order be filed within this 45-day period, is reduced to 30 days. In addition, a party requesting an examination shall do so by specific demand in the party’s answer immediately following the signature line.

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Yes I objected their SJ, and it was vacated but now they want to reinstate. This time they included proof of assignment basicaly one page, a paragraph saying bank sold accts to midland and no mention of my name in that statement...and then another page with my info like dob,ssn amount of debt and on the bottom it says printed by midland from original bank docs or something in those words. so I will file the opposition tomorrow same as last one I'll just add a few pointsjudge already told them this is not a valid proof I don't understand why they are doing this..

as for intergorattories they only sent three questions so far, twice!they weren't satisfied with my answers both times.I basically gave them same answers. so now they filed a motion for more responsive answer. first I have nothing to give them, I gave them my current address I have no idea what I owe.so I need to object that but I don't know what to say? Anyone has any ideas please!

Didn't you already file an Opposition? I suppose you could tweak it a bit, and file it again.
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Sorry but I am confused by your reply...

They filed a motion to get more responsive answer from me.They sent me interrogatories twice before I gave them what they call "nonresponsive answers" in their petition...I want to object that but I don't know what to say. Any clue?

I don't see the rule quoted anyplace, the only reference is here below. I doubt a protective order would apply, since they only allow 5 questions to begin with. Send more, they just throw them away and don't have to respond.

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.

(B) Automobile Negligence and Personal Injury Actions. A party in an automobile negligence or personal injury action may propound interrogatories only by demanding, in the initial pleading, that the opposing party answer the appropriate standard set of interrogatories set forth in Forms A, A(1), A(2), C, C(1) through C(4), D, and E of Appendix II to these Rules, specifying to which set of interrogatories answers are demanded and to which questions, if less than all in the set. The demand shall be stated in the propounding party's initial pleading immediately following the signature. Interrogatories shall be served upon a party appearing pro se within 10 days after the date on which the pro se party's initial pleading is received. Answers to the interrogatories shall be served within 30 days after service of the answer, except that a pro se party shall serve answers within 30 days after receipt of the interrogatories. The answers shall be set forth in a document duplicating the appropriate Form, containing the questions propounded, each followed immediately by the answer thereto. Additional interrogatories may be served and enlargements of time to answer may be granted only by court order upon motion on notice, made within the 30-day period, for good cause shown, and on such terms as the court directs.

© Physical and Mental Examinations in Personal Injury Actions; Protective Orders. The provisions of R. 4:19 shall apply to personal injury actions in the Special Civil Part, except that the time period prescribed by R. 4:19, requiring that an examination not be scheduled prior to 45 days following the notice of the examination and that a motion for a protective order be filed within this 45-day period, is reduced to 30 days. In addition, a party requesting an examination shall do so by specific demand in the party’s answer immediately following the signature line.

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Hello again...Going to a hearing next week anybody knows what am I supposed to do there? This is for the Plaintiff's motion for reconsideration on their vacated summary judgment. I filed my opposition in writing but judge ordered me to appear they requested oral hearing ...Any tips?

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Hello again...Going to a hearing next week anybody knows what am I supposed to do there? This is for the Plaintiff's motion for reconsideration on their vacated summary judgment. I filed my opposition in writing but judge ordered me to appear they requested oral hearing ...Any tips?

I think it's great that they requested an oral hearing. Now you can stand if front of the judge and make your argument. You get to hear what they have to say, and when it's your turn, contradict their statements and point out the holes in their case.

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Haha you are too funny I am petrified! I am so not argumentative! They'll kick my a$$ that's why he requested it because he saw what a coward I am.

But tell me do I get to object anything or whatever the judge asks me I just have to respond. Also is it possible that they will bring a witness at the hearing. Should I be prepared for that?

They keep saying I didn't object the facts basically their statements. What does that mean? I feel like all I did was object.

THANK YOU

I think it's great that they requested an oral hearing. Now you can stand if front of the judge and make your argument. You get to hear what they have to say, and when it's your turn, contradict their statements and point out the holes in their case.
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Object some more. Read some of Coltfan's arguments. Perhaps they'll inspire you, and you won't be so frightened. Remember, assuming they're not aliens, JDB attorneys put their pants on one leg at a time just like we do.

Have you read this thread authored by Coltfan? It has some good arguments you could use:

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

They'll argue they bought the account. You'll point out they have no proof. "Their bill of sale doesn't reference my name or account number. It doesn't show that they purchased any account at all related to me."

Regarding a possible witness, read Stern's file in which he cross examined a JDB witness. Even if a witness doesn't show up in your case, it might provide some points you could use to point out the insufficiency of their affidavit.

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Thank you!

Object some more. Read some of Coltfan's arguments. Perhaps they'll inspire you, and you won't be so frightened. Remember, assuming they're not aliens, JDB attorneys put their pants on one leg at a time just like we do.

Have you read this thread authored by Coltfan? It has some good arguments you could use:

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

They'll argue they bought the account. You'll point out they have no proof. "Their bill of sale doesn't reference my name or account number. It doesn't show that they purchased any account at all related to me."

Regarding a possible witness, read Stern's file in which he cross examined a JDB witness. Even if a witness doesn't show up in your case, it might provide some points you could use to point out the insufficiency of their affidavit.

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Just to keep you posted plaintiff's SJM was reconsidered. Judge has accepted bill of sale (you know typical one page sale of accts without acct # or my Name on it)they presented imagine that. I was so embarrassed at the hearing but the show must go on. I am looking into appealing this. If I have to pay the least I can do is rank up their legal bill ;)

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