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Summons in NJ


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You'll have to post their reply and your opposition if you already haven't, their gripe may be connected to a procedural error you made. Whenever you file papers with the court, you have to include "certification" that you sent a copy to all counsel of record. If this is what they are talking about, is is a really picky technicality considering they received their copy. This is known as beating up on a pro se for procedure. That usually means they have nothing else. You didn't deny anything in your opposition? Come on, I doubt that one.

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You'll have to post their reply and your opposition if you already haven't, their gripe may be connected to a procedural error you made. Whenever you file papers with the court, you have to include "certification" that you sent a copy to all counsel of record. If this is what they are talking about, is is a really picky technicality considering they received their copy. This is known as beating up on a pro se for procedure. That usually means they have nothing else. You didn't deny anything in your opposition? Come on, I doubt that one.

Sorry Bruno. I am very tired and misread. Here is the meat of my opposition:

There is some discrepancy in the paperwork that the Plaintiff has filed. The debt in question is referred to as a store card in the narrative and VISA on the printout.

Despite receiving a DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-1 and 4:18-2 (USPS Article Number 7010 0290 0000 5174 6459), the Plaintiff has failed to respond with documentation.

Finally, the affidavit provided by the plaintiff is both hearsay, and incomplete. It was not even filled out completely.

Their response:

THe Objection is notable soley for its complete failure to set forth any genuine issue of material fact justifying trial of this case. The Defendent failed to submit any Certification in support of her opposition. THe rest talks about how I failed to deny anything.

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The Visa thing won't fly, most of the GE Money cards are either Visa or Mastercard. The rest is valid, failure to respond to discovery is a good reason to defeat MSJ. So is a flaky affidavit. That requires an analysis by a jury or the court, not the opinion of the plaintiff concerning his own affiant. I'm still in the dark about certification, I don't know what they are talking about. Does it say? I don't see anything in the rules other than the regular "inform the other side" or maybe something sent certified mail or stamped by the clerk. More detail needed as to what their gripe is. Sounds like they are the typical JDB law office, OC or not, they all use the same firms. They have so many cases they cannot possibly keep up and they make a lot of mistakes. They probably don't even know you followed procedure.

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Motions to dismiss are procedural, this does not apply. You have to present the court with some reason that says the case never should have been filed in the first place to get a dismissal. You are arguing discovery issues, there is a procedure for this in the rules. This is not grounds for dismissal. Youir case (Colvell) doesn't matter at this point, procedure does. If they did not respond to discovery, you hsve two options: compel, (bad, be careful what you ask for, they just might come up with it) or a motion to preclude the evidence they failed to produce. I like that one better, filed a week or so befor trial, or whatever time frame the rules specify. That means they cannot introduce documents etc that you asked for and they failed to produce. I see mnothing solid in their response:

THe Objection is notable solely for its complete failure to set forth any genuine issue of material fact justifying trial of this case. The Defendent failed to submit any Certification in support of her opposition.

This is a conclusory unsupported statement. You obviously made a denial, I don't know what it was, but their position is weak. Did they cite any case law? I doubt it. Just another "we want to win and you're bad because you won't let us" argument.

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No, if the defendant signed off on a stipulated judgment agreement. that's it. If you don't honor the agreement it reverts back to the full amount of the case. Then they can execute the judgment through garnishment, etc. It's like breach of contract. Like Thunderlips said to Rocky, "you're in big trouble now."

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No, if the defendant signed off on a stipulated judgment agreement. that's it. If you don't honor the agreement it reverts back to the full amount of the case. Then they can execute the judgment through garnishment, etc. It's like breach of contract. Like Thunderlips said to Rocky, "you're in big trouble now."

That is just it. If I don't pay the automatically get the full amount. I am satisfied. The rent a lawyer actually said that I gave them a tough time. I took that as a compliment.

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For future reference, the Certification they are talking about is probably the "Certification in Support of a Motion" where you outline exactly what the justification is for your motion. It is required when you file a motion.

The court instructions tell you - When you file your motion, you must attach the following documents in order:

Notice of Motion

Certification of Service

Certification in Support of a Motion

Order

See page 9 here:

http://www.judiciary.state.nj.us/prose/10543_motion_spccvl.pdf

Seems you fought and got something you are content with. That's what matters at this point.

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