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Last minute Review on Motion to Dismiss


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I am mailing this out TODAY.

I'm filing a Motion to Dismiss in NJ. According to all of the knowledgable people on this site, the "alleged" account is already past the SOL. It's under DE law and the last payment on the account according to my CR was Nov 2007 and they sent me a summons in Feb 2012.

I checked "other" on the forms and stated the following underneath:

- Defendant asserts that the alleged account is time-barred by the three year statute of limitations under Delaware CHAPTER 81 Title 8106. See also Capital One Bank v. Creed, 220 S.W.3d 874 (S.D. Mo.2000).

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

(A copy of my credit report showing the last payment was made in Nov 2007 on the account, and a copy of the cardholder agreement will be provided as exhibits).

Does this look ok? Anymore last minute suggestions? Thanks!!

Edited by secretagent007
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Are you filing a motion to dismiss OR are you simply filing your Answer to their Complaint?

A couple of things:

If you're filing your Answer, I'm not sure case law is appropriate. If you can use case law, the case you've cited is inappropriate. A case from Missouri has nothing to do with choice of law in NJ when Missouri is not involved in any way. You need NJ case law.

I couldn't find any case law related to NJ and credit card choice of law. However, I did find this:

"Ordinarily, when parties to a contract have agreed to be governed by the laws of a particular state, New Jersey courts will uphold the contractual choice if it does not violate New Jersey's public policy." Winer Motors, Inc. v. Jaguar Rover Triumph, Inc., 506 A. 2d 817 - NJ: Appellate Div. 1986.

I don't know if that will help or not.

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Oh boy. I'm so confused. Someone gave me that to use as case law. I was originally going to Answer the Complaint, but then the SOL was brought to my attention and I received numerous suggestions to file a Motion to Dismiss. I guess I still really need help with this. Please help me :( I MUST have this mailed out tomorrow.

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Oh boy. I'm so confused. Someone gave me that to use as case law. I was originally going to Answer the Complaint, but then the SOL was brought to my attention and I received numerous suggestions to file a Motion to Dismiss. I guess I still really need help with this. Please help me :( I MUST have this mailed out tomorrow.

Oh boy! I don't know anything about NJ law other than what I read in the court rules. I know there are some on the boards who are familiar with filing a motion to dismiss in lieu of an Answer. You might want to give them a quick PM to make sure you're following court procedure.

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Oh boy! I don't know anything about NJ law other than what I read in the court rules. I know there are some on the boards who are familiar with filing a motion to dismiss in lieu of an Answer. You might want to give them a quick PM to make sure you're following court procedure.

I PMed Legaleagle and I'm getting a lot of great responses. I figured I would put it up on a thread again just to get some more critiques/suggestions. I don't want the judge getting pissed off because I don't know what I'm doing and then my motion gets denied. I keep prolonging this and it really needs to get mailed out. Stresssss.

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I did a motion to dismiss in Florida for SOL under Delaware laws, check it out is on Help Summon from Discovery or something like that in my post. I included all that's required under Florida rules of procedure. But clueless about NJ laws.

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