reconsideration motion

[joemuni]

What is the name of your state? new jersey

I am trying to decide if I need to answer a reconsideration motion (It was due on monday Apri 29, but I may be able to get extension of time if I need to answer) from a credit card collections suit against me.

The judge had denied their summary judgment motion saying: "defendant's position not disputed". Probably because I did not submit opposition papers to their summary judgment motion. But I did include defenses in my motion for extension of time to answer their summary judgment motion, which was granted.
However, I did not answer their motion because I did not have more to add than what was already in my motion for extra time, and thought I would have a better chance to later try to vacate the judgment.
I asked an attorney about this, who said judges don't like to overturn their own decisions, and advised me not to answer this Reconsideration motion. But others have told me I should answer.

Thanks for response and comments.

 

[Veronica01]

You got the picture, each lawyer tells you what to do and what not to do from the perspective of his strategy if had to represent you.

You seem to be in a court, whichever that may be it is not the small claims court, that has rules to follow in filing and responding to motions. Go to the public library and look at the rules of the court where your case is pending.

Your description of the events in court proceedings suggests to me that you are making a gumbo of legal matters. You need an attorney. Don’t expect that the judge is going to serve as your attorney, he cannot do that even if he wanted to.

 

[joemuni]

The court is Special Civil for small claims cases under $3K, so that may be to my advantage because I should not be expected to hire an attorney. Attorney said his fees would be about same as claim amount in dispute.

My question seems to be: should I file answer late out of time for this reconsideration motion if court will accept it, or should I wait and deal with the outcome of summary judgment against me.
How can I know where I would have a better chance at winning ?

Thanks for reply.

 

[Veronica01]

Normally a motion for summary judgment requires a responsive pleading, typically by affidavit. If the court where your case is pending does not have rules of the court, it could be then a response to the motion by affidavit is not required. Still, it will be to your advantage to respond to the motion by affidavit and make your statements on facts known to you. You may need a notary public to certify your affidavit. Better not to file your response late. If you feel you need more time make a motion for time extension.

Good luck.