Philadelphia, PA asked in Bankruptcy and Contracts for New Jersey

Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all oral

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: In a motion for summary judgment in New Jersey, as the defendant, you should focus on demonstrating why the case should not be decided without a full trial. This typically involves showing that there are genuine disputes over key facts that require a trial to resolve. Against a junk debt collector like Velocity Investments LLC, one effective argument could be challenging the sufficiency of their evidence proving ownership of the debt and your liability.

During your oral argument, be prepared to address questions about the facts of the case, the evidence presented by both sides, and the legal principles that apply. The judge may ask about the original creditor, the chain of assignment of the debt, and any discrepancies in the amount claimed. It's crucial to highlight any gaps or inconsistencies in the collector's evidence.

Remember, your goal is to convince the judge that there are important facts in dispute which can only be resolved through a trial. This approach can be particularly effective in debt collection cases, where debt buyers often struggle to produce comprehensive documentation. Remain calm, clear, and concise in your presentation, and make sure to directly answer any questions posed by the judge.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Since you filed legal pleadings you on your own, an attorney cannot just start an oral argument on a motion. You need to pay for an hour of attorney time to review everything that has been filed and the attorney may need to amend the pleadings that you filed. You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered (figuratively speaking). With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.