rolee said:
You have been a great help to me regarding my defense of a civil judgment. I filed a 'Motion To Vacate Default Judgment'. The Judge granted me 20 days to answer to the suit filed against me. (Reposession of vehicle in 1994). I purchased the vehicle in Mississippi, while I was a resident of Ms. then moved to N.J. At the motion hearing the judge asked what my defense would be, I told him of the 3 year sol in Mississippi. The opposing lawyer seemed to think it did not matter where the vehicle was purchased and the contract was signed(Mississippi). Do I have a legitimate case? The last payment was made in September of 1994.
My response:
Great going !! Good work !!
Of course opposing counsel is going to poo-poo your defense in front of the judge. What else was he supposed to do ? He's got to keep "face" doesn't he ?
Now, in order to respond to the Complaint, see if the court clerk has a "form" response to a Complaint. If your court does, then check the box, or fill in the blank, that says you "deny" all of the allegations, and that your affirmative defense to the action is the Statute of Limitations and spell it out completely.
Then, when you serve your Answer to the Complaint by mail, send some "form" interrogatories to opposing counsel (again, ask the clerk for the form) and check the boxes concerning "contract", among the others - - but, don't check all of the boxes - - you may be limited by Statute as to how many quesitions you can ask (usually no more than 35).
When he can't get past the Statute of Limitations questions, then file a Motion for Summary Judgment.
This is going to be GREAT !!
IAAL
[Edited by I AM ALWAYS LIABLE on 12-15-2000 at 04:13 PM]
