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

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • 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
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Answered
  • 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.

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