Motion to reconsider

[baccsi]

I lost my case on summary judgement to cach of nj. i sent in a motion to reconsider. i noticed that i left a paragraph out.......... damn deadlines..ugh. can i amend the motion? i havent found any rules as to whether i can or not. The court is NJ special civil part.

 

Thanks

[baccsi]

I lost to cach of nj, they won a judgement for $10,000 and some change. I filed my motion to reconsider bassed on another affidavit of account transfer i received for the account from another attorney. Tranfered from cach to cache of nj (same form different dates). I also mentioned that the " bill of sale" from wells fargo to cach references charged off accounts dated 4/15/2010. Attached to the bill of sale is a redacted spreadsheet showing my account charged off on 4/30/2010. The problem i have ( one of many) is that i left a paragraph out of my Motion.

Im not sure if i can amend the motion or submit a brief in response to cach's opposition?

Any help is appreciated

[BV80]

@baccsi

 

Visit this NJ attorney's website.  You might want to give him a call.

 

http://www.philipstern.com

 

You can also contact the National Association of Consumer Advocates (NACA) and see if there's a NACA attorney in your area with whom you might request a consultation.

 

http://www.naca.net

[debtzapper]

A Motion to Reconsider is rarely granted.

 

"Braza v. Giancola," N.J. Appellate Div. (2013):

 

[ibid. (quoting D'Atria v. D'Atria, 242 N.J. Super. 392, 401 (Ch. Div. 1990)).]The denial of a motion for reconsideration rests within the sound discretion of the trial judge. Fusco, 349 N.J. Super. at 462. "Motions for reconsideration are granted only under very narrow circumstances." Ibid. We have long recognized that:

Reconsideration should be used only for those cases which fall into that narrow corridor in which either (l) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or (2) it is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence.

 

A motion for reconsideration must "state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred." R. 4:49-2.