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Hi Skotm...

Yes.. We're definitely in the same boat.. :(

Well.. The question of if I ever had a Dell account is in their supplementary interrogatories which I haven't answered yet.. Still trying to figure out the arb deal first but I feel like I'm under pressure.. working under time constraints because I have to figure it out before they get some sort default judgement on me for not answering their interrogatories...

But... as to signing what you listed above.. I never did actually. The only certification I ever signed was...

"I certify that foregoing statements made by me are true. I am aware that if any of the forgoing statements made by me are willfully false, I am subject to punishment.

I certify that the copies of reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report and/or opinion rendered by them; that the existence of other reports or opinions of each said experts, either written or oral, are unknown to me; and if such become later known or available, I shall serve them promptly upon propounding party."

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Ohhh!! Wait... You're right Skotm. That was on the Court's form for the answer!

Wow.. Yea.. I've been paying attention to what I've been signing with Pressler and Pressler.

So you're question is definitely valid! Does this now waive my right? :?

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You know now that I read it again..

I don't think that's what it mean Skotm.

I think it just means that I certify that THIS answer has nothing to do with any other court action or arbitration..

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Guys... I'm screwed!

I literally may cry right now. After ALL I've done!!!!

I spoke to the court today. APPARENTLY! They never received my answer! Even though I have the certified mail receipt! So now.. I'm in DEFAULT!!!!!

I'm filing a motion to vacate right now.....

To dismiss the default judgment.

Including all my original paperwork and copy of mail return request receipt signed by a SOB named Harry in court's mail room!!!!!!!

Kill me now please............

And Skotm... Forget arbitration. They said there's none of that in special civil. Once your answer is filed... You're suppose to get a court date. And there... You have mediation. That's all! You might want to double check that your answer did get filed with the court first.

Me-- I'm officially going to cry now....

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Don't worry about it, they probably filed the answer under the wrong case, it happens. Resubmit the answer to the clerk personally with a copy of the CMRRR you have, and a one page quickie motion requesting that the court set aside the default. It's a default for failure to plead, not a judgment. This is a paperwork default, easily fixed. Not even your fault, so relax. Do it like this:

Case header (names, case number)

Defendant's Motion to Set Aside Default for Failure to Plead

The Defendant in the above titled action respectfullys prays this Court to set aside the default connected to a failure to answer the Complaint. Appended hereto is the Post Office receipt showing that this Court did receive Defendant's answer. Appended hereto additionally is a copy of the answer.

I certify that a copy of the foregoing has been sent to all counsel of record:

Their name (law firm)

Your name etc, sign it

ORDER (separate page)

The foregoing motion having come before the Court and having been duly considered, it is hereby ordered:

GRANTED / DENIED

The Court

____________

Judge of Superior Court

This day of ___ 2012

(Send a copy to the other side)

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here is how you keep an eye on your case

http : / / njcourts(DOT)judiciary(DOT)state.nj.us/web1/ACMSPA/

cant post links ... take out the spaces and put a . in teh place of (DOT)

mine is filed, ive been checkign mine every morning.

Im sorry to here what happend to you, well the godo thing is if you get the default overthrown, you can check my thread to see what mistakes I make ! and learn fromthem.

Since arbitration is not possible, im really confused on what ot say about that - have oyu ever owned a dell computer question...

Edited by skotm

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And Skotm... Forget arbitration. They said there's none of that in special civil. Once your answer is filed... You're suppose to get a court date. And there... You have mediation. That's all! You might want to double check that your answer did get filed with the court first.

WoW, who are you talking to? I have the same situation going on. I filed a MTC arb. I called the clerk to find out when a decision will be made. The clerk told me the judge will make a decision one week prior to the court date.

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Thank you Legaleagle!

That's pretty much what I just prepared. I revised what I said a little bit after reading yours however. Thanks for catching me before I mailed this out tomorrow morning! "Respectfully asks the court".. Sounds much better than my original "The court NEEDS TO" .. I'm just so angry with the court.. That I may have sounded a bit PISSED OFF! But I changed it to your version and left my details in there as well as all the attached copies of everything...

I do SO hope you're right!!!! And they dimiss this BS!!!

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Thank you Skotm!

I've been so wrapped up.. I completely forgot about that link! I should have been checking every morning too!!!! :(

I WILL BE NOW!! *Sigh*

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Dismissal has to be for an incontrovertible reason, everybody confuses this with summary judgment on the pleadings.

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Skotm... Arb might still be used I think. I'm not entirely convinced by what this woman I spoke to said. She said "there's no arbitration in special civil Part". She kept saying that you're supposed to get a court date after the court gets your answer to the complaint. Then you have to come in for mediation. That's when both parties sit down and discuss what they want to do with this case.

Honestly I'm not sure what she meant by that. But she's right about one thing… the first thing I need to worry about right now is getting this default removed.

But I'm with ya... I'm really confused now too!

But if there's a chance for arb.. I would answer truthfully to that question. That's what I was going to do... Otherwise you can't use that agreement. I wasn't going to provide them with any copies of anything. But I was going to admit to having an account with dell.

But I'm definitely not the expert here..

But that's what I was going to do..

Even if arb is not possible.. They still can't prove that they in fact bought that debt. They still don't have that chain of custody. (I doubt it!) And even if they did.. I bet you that amount would look a hell of a lot different! So that at least leaves room to negotiate...

So why lie? They can't prove anything anyway. I think I was doing ok until this default happened!

I really hope you're doing better than I am Skotm! SOMEBODY needs to win against those effers!!

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Thanks Legaleagle!

I actually downloaded the form from the court's site. You're right it does say "Summary judgment". Whatever it is.. I hope it works! Thank you very much for all your help! Really! You've been great.

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NJ, Middlesex County.

Been searching other boards and google ever since I read your post before. Can not seem to find an answer as to when and if you "waive" your rights to elect arb. Florida seems to pop up a lot.

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Then you're probably right.

If I do manage to get this default fixed (Unless someone is holding a voodoo doll of me somewhere!!! Which is what it is starting to feel like).. I'm going to file for arb too before the trial date..

If I can figure out how..

At what point are you? What steps did you take? Listing them here would be great help for both Skotm and I! Thanks so much! :)

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1. received summons

2. answered summons

3. received rogs and admissions

4. found this forum

5. filed MTC arb

6. waiting

Here's mine

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She said "there's no arbitration in special civil Part".

There are two kinds of arbitration, one goes through the court system; that's probably the one she was referring to. The arb we talk about here is through the cardholder agreement and is private. It takes the lawsuit out of the court's jurisdiction.

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Ah! I get it now. Thank you legaleagle!

At this point I'm just waiting to hear about my default. I did notice something when I was sending out the summary judgment paperwork... The summons I received had the address of the courthouse which is where I mailed my answer. But I was perplexed as to why they didn't get it even though it was certified mail. I looked up the address on the site and there's a PO BOX # that was not included on the summons! So the # and street address was correct... But, apparently I was missing that PO Box #... So I'm not sure. Hopefully they won't get all "technical" on me and just cut me a break over here..

I'm so done with this whole thing, I just want it over with!

So if all goes well and I get this Default removed... I'm going to file for arb. What do I have to lose at this point! Linda is taking a look at the agreement right now..

Skotm.. I e-mailed Linda with the agreement. Hopefully she can tell us what we should be looking for. If I don't have a chance anymore.. I hope you do!

And JPAVV... I think your case might be a bit different rules wise. I read your thread... The complaint against you is for over $3,000.. Not over by much. But still over! You have different court rules on yours vs mine because mine is under $3,000..

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And JPAVV... I think your case might be a bit different rules wise. I read your thread... The complaint against you is for over $3,000.. Not over by much. But still over! You have different court rules on yours vs mine because mine is under $3,000..

True, but you should still be able to go the arb route once you get the default taken care of.

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and P&P keep calling me. Only wish they would call when I home. They never leave a message.

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Guys... I'm HORRIBLE at all this stuff.

I called the court to follow up. First of all everyone at the court is the biggest unhelpful ******* there is!!! They don't want to help you or explain ANYTHING to you.

Now they tell me I need to file a motion to VACATE which is DIFFERENT from summary jusdgement motions. Which I guess what you were saying Legaleagle?

SO! So far.. I've spent at least $50 on certified mail BS. This is now the 3RD $15 filing fee check that I'm mailing in with this BS motion to vacate default. P&P at this point has to be laughing at me...

I suck at all of this!

After all this... I'm going to have to settle anyway! Because really... I'm looking pretty screwed right now. Can't even figure out WHICH form to send out. And the court really doesn't give a **** whether you need help or not.

So here I go again... Off to my lunch in a couple of hrs.. Heading straight to the post office to spend MORE money on certified mail...

(That's my grumpy update of the day...) :(

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"6:6-2. Entry of Default and Automatic Vacation Thereof

When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default. A party against whom a default has been entered for failure to plead or enter an appearance may have same automatically removed by the clerk provided there is filed with the clerk within 30 days of its entry a written application with the consent of the adversary endorsed thereon consenting to the vacation of the default, which application shall have annexed thereto the answer or other responsive pleading of the party in default."

Yea well they don't tell you that when you actually call them. I honestly have no clue anymore.

I mailed out ANOTHER $15 filing fee today along with my answer AGAIN and along with this motion to vacate a default. So now they'll have both a motion for summary judgment AND to vacate! Haha..

I don't know... At this point... It's just upto them I guess. Hopefully they'll just send me some BS you were wrong letter about the summary and set aside the default based on the motion to vacate and my Answer AND the THIRD $15 check I just sent them. But we'll see...

There's one thing I want to confirm here JPAVV..

Is your case with the Somerset county?

If so.. What is the exact address you used when you mailed out your Answer?

Because that's the other thing that these people at the court house keep changing on me!

On the summons... It says "North bridge st. Somerville NJ"

On the site... It said "20 North Bridge st. PO BOX 3000. Somerville, NJ"

When you call them.. They say.. "40 North Bridge st, Somerville NJ" !!!!!!!!!!

I sent it to the address on the site. Says "Court house address" is THIS. So that's what I mailed it to. But it's just unbelievable that they even list different ones! Just to confuse you?!? Haha

Anyway.. If you do have the case with Somerset County... Can you let me know? Thanks :)

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I believe you can drop off the papers in person. That may be your best bet.

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