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Summons in NJ


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I have been reviewing other people's threads regarding answering and have not found a sample answer or link to one. Also, the ones posted here are using referring to a JDB rather than the OC. Would someone PLEASE help me with my answer? Also, again, I am seeking advice regarding arbitration. I found the agreement online for the same card and it includes JAMs. I can ask for arbitration through the judge, but don't know if that is my best course. I still have recieved NOTHING from the attorney with regard to documentation. They supposedly represent the OC, so I don't understand what the hold up is. If they DO provide ALL documentation, I think arbitration is the best course (from what I understand). The attorney here is the same that was creamed last summer in appeals for not providing ALL documentation. Please advise! Thank you.

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Did you read http://strategy-steps-arbitration

If you choose to elect arbitration, you can answer your rogs like this:

INTEROGATORY NO. 1:

State your full name, and all other names you are known by, your complete present home and employment addresses, your occupation, home and employment telephone numbers and your social security number.

ANSWER: OBECTION: arbitration clause has been exercised. A mutual agreement on the scope and extent of discovery per the arbitration clause and per the arbitration forum rules has not been reached. Defendant will not be answering until such an agreement is reached between the parties under the contract in arbitration.

Edited by jpavv
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I'm running out of time here. Would someone please help me with the answers? Must I answer each one seperately? How do I answer about opening the account? Thanks so much for all the help so far.

Sorry you did not receive a response.

Not sure about the "general" objection. I would answer each question separately. Answer them using the numbered questions as they listed them for you. I do recall once I received answers back to my discovery and they answered with both a general objection and individual answers.

Note that if you file a Motion to Compel Private Contractual Arbitration, you will answer the questions differently. Why? Because if the case will be removed from the trial courts, then you have no obligation to answer in the trial court. HOWEVER, you would still respond with an answer to each question that essentially says just that.

If you want more info about arbitration, then do a search in this forum for arbitration. That's a whole different animal. It could work for you.

Edit: I just saw jpavv's answer above. That's what I mean by framing your answer differently for arbitration.

Edited by Patz
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Also, on the arbitration, since the debt is over $4000 and it is the original creditor, perhaps they can prove their case at trial. You would have a better feel for that. Many OCs can prove their case.

If so, then electing arbitration might be better, especially if JAMS is an option.

But you have started the case in the court already. So you need to get that motion in ASAP and hope it's still an option. I do not know what the court will do in NJ once you have started participating in discovery and did not opt for arbitration in the beginning.

Where did you get the agreement?

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I filed my MTC arbitration after I filed my answer but before answering their rogs & admissions.

There is a court date set for the original complaint and the judge will not make a decision on the MTC until one week prior.

Been searching and searching and cannot find an answer as to when/if it is to late to file an election for arbitration in NJ.

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I filed my MTC arbitration after I filed my answer but before answering their rogs & admissions.

There is a court date set for the original complaint and the judge will not make a decision on the MTC until one week prior.

Been searching and searching and cannot find an answer as to when/if it is to late to file an election for arbitration in NJ.

I never found that info either. Just to be on the safe side though, I played it the same way you did. I answered the complaint, their rogs and admissions - with the arbitration objection.

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My thirty days will be coming to an end soon and I feel I have to answer something. They have not yet sent me anything and I have no idea of what they have. The account seems to be in this grey zone where the OC doesn't have access to it (I tried calling them for more information) and the attorney is still supposedly "representing" them.

I found the agreement online through a document site. I can only assume it is valid, but I am just making that assumption.

I remember reading about the motion not being honored until a week before trial and I am over a month out at this point, and thus, unsure of which way to go.

My total amount owed is acutally less that $4000, but after reading the advice on this site, I did not put the exact amount to help keep my identity private (those darn trolls).

I am especially unsure on how to answer whether or not I opened and account with the company.

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What have you done so far? Did you elect arb. And send it to the attorney? As far as answering rogs answer the way me and Patz have done.

Also rereading this tread you say it is with the OC but you say you have called the OC and they told you they have sold it. So, is this with an OC or JDB?

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  • 2 weeks later...

Got my MSJ today with a rationale and thier proof: an affidavit and one page printout showing it was charged off. That's it. No agreement, opening date, nothing.

Read this case:

LVNV v. Mary Covell which took place in NJ last year. Doesn't this set a precident? Doesn't this require them to prove the case with statements and more?

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I need to answer their ROG's and send TOMORROW!

Their reply to my ROGs was a MSJ.

They did not provide documents that I requested including:

The original signed application establishing the account.

Charge slips bearing defendant's signature which establish use of the account.

The original written agreement in which defendant allegedly assented to the terms of the account.

A complete history of the account from day one, establishing the legitimacy of the balance sought.

Any document setting forth the choice of law provision.

Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed.

Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial.

Proof of mailing of monthly statements.

Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time.

Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

HOW DO I PROCEED? Please help me form my answers. I have been looking for sample answers and can't locate them.

They don't seem to meet the burden that the case I keep mentioning sets. How do I explain this to the court? A motion to dismiss with prejudice?

PLEASE HELP ME and thank you for all of the advice thus far.

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Defendant Newport's Brief in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendant Newport's Cross-Motion for Summary Judgment | Fabbri Builders, Inc. v. Township of Harrison, et. al. | Charles Graber - JDSupra

This is what you have to file. You have to raise an issue of triable fact. They are telling the court that there are no material facts in dispute, therefore there is no reason to have a trial and you should lose. Here is a good guide written by a NJ attorney. No other motions are appropiate at this time on your part.

New Jersey Summary Judgment Faqs

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Thanks, Bruno.

Is this approptirate for the answer to their ROGs?

1. There are no others

2. There are no witnesses

3. There is no correspondence

4. As stated, there is no correspondence

5. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

6. Objection, the information sought is assumedly already known to the Plaintiff through its business records and were requested by the Defendant .

7. After a diligent search, no records, logs, diaries, and or other records were found.

8. The Dependant has no employees or agents.

9. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

10. N/A

11. The Plaintiff has failed to send the Defendant any of the requested documents.

12. N/A

13. N/A

14. N/A

15. Objection, the Plaintiff has no other addresses

16. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

17. N/A

18. N/A

19. N/A

20. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

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1. Names of people with knowledge of transaction and defenses which are subject to the suit

2. Names and addresses of expert witnesses, nature of expertise, copies of reports, and detail the nature of such report if oral.

3. What, if any correspondence or communication did Defendant have with Plaintiff concerning the transaction involved in the lawsuit. If communication was written, annex copies of correspondence. If oral, provide dates and descriptions of the nature and substance of communications.

4. What, if any response did Defendant receive from Plaintiff with respect to previous Interrogatory.

5. Attach copy of written agreements or contracts to which Defendant were a party with respect to transactions involved in this lawsuit.

6. Set forth whether Defendant ever applied for, received, used and/or received the benefit of STORE account.

7. Attach copies of account records

8. Provided names of employees of Defendant

9. If Defendant claims credits not credited, include proof

10. If Defendant claims defective goods, provide proof

11. Set forth all factual contentions upon which Defendant shall rely in defense of this matter

12. Does the Defendant content billing errors?

13. If yes, itemize errors

14. Has the Defendant communicated errors in writing to Plaintiff?

15. Provide each and every address at with Defendant has resided in the past five years

16. Specify whether Defendant received billing statements at provided addresses

17. Set forth actions taken with respect to billing errors

18. What, if any agreements were made by Defendant with Plaintiff to resolve issue through payment plan?

19. Does defendant claim any charges were unauthorized?

20. Attach copies of any and all documents upon which defendant will rely in support of defense.

1. There are no others

2. There are no witnesses

3. There is no correspondence

4. As stated, there is no correspondence

5. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

6. Objection, the information sought is assumedly already known to the Plaintiff through its business records and were requested by the Defendant .

7. After a diligent search, no records, logs, diaries, and or other records were found.

8. The Dependant has no employees or agents.

9. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

10. N/A

11. The Plaintiff has failed to send the Defendant any of the requested documents.

12. N/A

13. N/A

14. N/A

15. Objection, the Plaintiff has no other addresses

16. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

17. N/A

18. N/A

19. N/A

20. Objection, the information sought is assumedly already known to the Plaintiff through its business records.

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In #11, they're asking you about your affirmative defenses. Did you raise any defenses in your answer? Lack of standing, perhaps? If so, I'd reply "Plaintiff has not proven standing to sue, that the amount claimed is valid, and that the amount is due and owing to Plaintiff".

For #20, if they haven't responded to your discovery requests, that's what I'd use for my response. You don't have any documents at this time. You requested documents, but none have been provided.

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Bruno,

Thanks for the imput, but I am confused. Is this just and example of how to phrase my opposition and then push for a MSJ and dismissal? Wouldn't my agruement for the MSJ be that they do not have the necessary documents to successfully show that the debt is mine?

Also, if the OC still owns the account (and I think they may even though they say they have no access to it), why would they not just print off the necessary documents?

Finally, there was no answer to the request for documents. Is there a penalty for this?

Thanks again, ALL!

LA

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