NJdefendant

PLEASE HELP WITH SUMMARY JUDGMENT!

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opposition to Plaintiffs Motion for summary Judgment and motion to dismiss with prejudice

Memorandum and points of authority

Comes now the Defendant ____________, and files this opposition to Plaintiffs Summary Judgement and also files a Motion for dismissal with prejudice. The Defendant attests under the penalty of perjury that the following facts are true.

1) The Plaintiffs Cause of action is insufficient as a matter of law.

2) The complaint does not set forth the true facts upon which the Plaintiff seeks Summary Judgment.

3) The Plaintiff is a third party debt collector. The Plaintiffs attorney failed to prove any proof of a relationship between themselves an the original creditor, specifically the authority of (PUT CA name here) to collect the debt on behalf of the original creditor (put OC here)

4) The debt outlined in the complaint was Charged off and sold by the original creditor (OC here) on or about (date), therefore the original creditor no longer owns the alleged debt. Since the Original creditor no longer owns the debt the Plaintiff has no right of action in the original creditors name.

5) The Defendant maintains the the Plaintiffs attorney misled the court and perjured themselves by with holding the fact that they have no relationship with the original creditor.

6) Since Plaintiffs council is a third party to the proceedings, all evidence brought to the court by them should be considered hearsay under the hearsay rules of (your state, and the rule here.)

7) The actions of the Plaintiffs attorney has prejudiced the Defendant.

Wherefore the Defendant (name) submits that the court should deny the Plaintiffs Summary Judgement and dismiss the case with prejudice.

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I am getting an attorney for this because it's really complicated at this point. I don't know what to file anymore. Plaintiff filed SJM and it got approved.Then I filed Motion for reconsideration opposing the SMJ and so their SJM got vacated by the judge. Then they filed motion for reconsideration to approve original SJM because they brought into evidence bill of sale you know typical with gross sales no mention of my name and acct #. I opposed it but judge accepted that as proof and approved their reconsideration for SJM.It was an oral hearing I went to. I think now I need to appeal but not sure if I can handle it on my own so I'll look for an attorney.

opposition to Plaintiffs Motion for summary Judgment and motion to dismiss with prejudice

Memorandum and points of authority

Comes now the Defendant ____________, and files this opposition to Plaintiffs Summary Judgement and also files a Motion for dismissal with prejudice. The Defendant attests under the penalty of perjury that the following facts are true.

1) The Plaintiffs Cause of action is insufficient as a matter of law.

2) The complaint does not set forth the true facts upon which the Plaintiff seeks Summary Judgment.

3) The Plaintiff is a third party debt collector. The Plaintiffs attorney failed to prove any proof of a relationship between themselves an the original creditor, specifically the authority of (PUT CA name here) to collect the debt on behalf of the original creditor (put OC here)

4) The debt outlined in the complaint was Charged off and sold by the original creditor (OC here) on or about (date), therefore the original creditor no longer owns the alleged debt. Since the Original creditor no longer owns the debt the Plaintiff has no right of action in the original creditors name.

5) The Defendant maintains the the Plaintiffs attorney misled the court and perjured themselves by with holding the fact that they have no relationship with the original creditor.

6) Since Plaintiffs council is a third party to the proceedings, all evidence brought to the court by them should be considered hearsay under the hearsay rules of (your state, and the rule here.)

7) The actions of the Plaintiffs attorney has prejudiced the Defendant.

Wherefore the Defendant (name) submits that the court should deny the Plaintiffs Summary Judgement and dismiss the case with prejudice.

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Initially they filed SJM and it got approved. Then I filed Motion for reconsideration opposing their SJM. Judge granted my motion and vacated their SJM.Then they filed motion for reconsideration to approve original SJM because they brought into evidence bill of sale you know typical with gross sales no mention of my name and acct #. I opposed it saying nothing has changed since the first time they filed SJM. I said Bill of sale is hearsay and Motion for reconsideration is not a second chance but to prove that judge omitted something.But judge accepted bill of sale as proof and approved their reconsideration for SJM.

What's reconsidered mean? They granted the MSJ?
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I have forwarded a cd of the hearing to an attorney I am waiting to hear what he has to say..See cases like mine don't even get to court because they are baseless.I know that bill of sale is hearsay but I had no back up.I went to the hearing unprepared..I had no cases to bring up so judge had no choice but to grant their motion...I thought a hearing is something like answering questions and giving sworn statements but I was so wrong... I will post my case when it's done I promise.hopefully it'll help people avoid mistakes I made..

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