skotm

New Jersey, (midland) Pressler and Pressler VS me

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That is what I have been trying to read and understand. The new jersey civil court forms don't have a form to strike evidence that I can see. Me being pro se, I don't really have a grasp on how to draft one or an example for nj. I'd like to strike evidence before trial if it's allowed in my court, I also can't find that, so assume it is but I hate assuming.

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so here is the status thus far. and not sure what to expect now.

They did not except my answer to the Dell Interrogatory, I sent another answer (not posting her for now.. Privacy) but they said I am still avoiding it and will be taking the appropriate measure through court. ( I will send it via private message if it is needed to answer a question for my case) I will also post it once the case is over to help others. (most likely to show them what not to do .. at least that's what I'm feeling now)... This is a long process that is affecting my personal life more then I thought ..

I asked for a more detailed answer on an interrogatory - I asked for who has knowledge of the account and they sent me an affidavit of some guy. I just got this on sat so have not had a chance to review it as much as id like.

I am trying to keep discovery open, I dont recall were I read it but as long as discovery is ongoing they cant put in a motion for summary judgement (I could be wrong, Its early and I have tons of actual work work to do.)

They also sent me some court document regular and certified mail that I received in the begging of the discovery page when I accidentally asked the court for discovery and it was denied (they sent me a copy of the court denying it .. again..)... dont know why this was sent but i keep the envelopes for the dates on them...

Today on the docket for my case (online) I see that they filed with the court a Proof of service does anyone know what that is? OR what to expect?

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Proof of service is a document from the sheriff or process server in which they affirm to the court that you were properly served. Might be worth a look if there was any funny business with you being served. They didn't like your answer to their interrogatory? They can file a motion, let them. They are probably mad because you didn't give them the answer they need to win their case. Happens all the time. Stalling doesn't work, most likely summary judgment is next.

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I do check my case everyday,

In NJ it says that you need to file aMSJ within 30 days of the court date we are no past that as of today.

What I am woried about is the "garbage" certified mail I got and in my regular mail, that they are goign to say I recieved the copy of the MSJ, but in reality I have not.

Here is what it says

A party against whom a claim for such affirmative relief is asserted (such as a complaint or counterclaim) may move for summary judgment as to all or any part of the claim. In Superior Court of New Jersey, Law Division, Civil Part and unless the court otherwise directs, the motion for summary judgment must be filed 30 days before the trial date and served on the nonmoving parties and filed at least 28 days prior to the motion’s hearing date.

then it also says...

In Law Division, Special Civil Part, the motion for summary judgment may be heard up to the trial date and it must be typically be served and filed 10 days before the hearing date.

So the dates are a bit confusing.

im jsut scared they are going to pul a fast one and I wont recieve it in the mail.

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Key word is SPECIAL Civil part. The other rule applies to Civil part, which is different. You are not in Superior Court. the time requirements in Special Civil are shorter.

In Superior Court of New Jersey, Law Division, Civil Part

In Law Division, Special Civil Part,

See the slight difference?

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Hi,

I hope someone reviews this and gives me some insitght into what they would do.

I recieved a letter that presler sent addressed to the clerk of the court. asking to accept tis letter and elcosed certification to defendants objection to plantiffs motion for a more responsive answer to plantiffs supplimental interogatory.

it has some state rules i can provide if it will help.

basically it says plaintiff maintains that his answer remains non responsive.

mind you it is not my account so it is difficult to answer. It is regarding did you own a dell comuputer.

i hope writting this here does not bite me i nthe a$$

I said defendants admits to purchasing several dell computers however he is unable to recall exact purchse dates and has no documentation in his possesion at this time. defendant will supliment his responce if said documentation becomes available.

they say i am evasive and fail to provide the inforrmation sought by the supplemental interrogatory.

I am sorry i am typing from my phone so cant check spelling.

What should I do, this is not my account, my account was paid and i have no records because i am honesly not a great organizer.

I know that these idiots are just trying to get me to say yes so they can put a msj against me. I tried denying it originally and that was not good enough and was not honest to the question.

they have a copy of my credit report so saying otherwise woudl be a lie. it shows a different paid off account.

Please some ideas...

I was thinking of calling hte clerk tommorow and explaining it, but i dont know if that will do anything or is worth my effort when I could be working on what to say in court if it comes to that...

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You cannot be compelled to provide that which you do not have. Let the court decide the motion. You are correct, they are trying to get you to give them the evidence they clearly do not have. If they had it, they wouldn't be asking you to provide it. You have no obligation to prove the plaintiff's case.

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I stopped in the court today, I handed in a letter to the court clerk it was a certification in response and sent pressler the same . I'm glad I did because I have a few motions pending that we're scheduled for after my court case , electronically it was messed up and the clerks apologized and fixed it.

They also told me a few things I should have done instead, but that I basically did the same thing in a lot more steps , I apologized they said its ok. Overall it was a pleasant experience and I'm glad I went.

I suggest everyone drop off papers in person at least once.

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Do you really think from all you been reading about P&P that this will end up in trial before a judge? At best, P&P will show up Monday, then you will be asked to meet with the Mediator where P&P will pressure you to accept a settlement, because they have all this paperwork with your name on it. And as they step out of the room, because they have to make a phone call, the Mediator will say it's a "good deal"

That's when you say, "no deal, lets go to trial" and the P&P lawyer huffs and puffs.

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