Motion for Summary Judgment

[rooster0330]

I live in New Jersey, I have looked everywhere, does anyone know where I can find, what the time frame that JDB has to serve a motion for summary judgment before the hearing and how long I have to answer? Thanks in advance, I tried looking online, and cannot find the exact answer I am looking for.

[sunshinepa]

If I understand the process correctly, the motion for the judgement doesn't generally get done before the hearing. You get a summons, get time to respond and then they get to file the motion. At least that's how it was going to work in my case here in PA.

Hopefully if Jersey doesn't work the same way, Catleg or one of the more experienced Jersey folks will enlighten us.

[DesdemonaB]

I live in New Jersey, I have looked everywhere, does anyone know where I can find, what the time frame that JDB has to serve a motion for summary judgment before the hearing and how long I have to answer? Thanks in advance, I tried looking online, and cannot find the exact answer I am looking for.

The process is a summons and complaint is filed with either a circuit or district court within your county, your creditor could have up to 120 days to serve you that summons - if it's served correctly (review the NJ guildlines on the serve process) you will have any where from 21 to 28 to file a written answer to the court. If you fail to answer that summons a default judgment will be entered against you. So on day 29 JDB can file the default judgment against you; once that is filed with the court and that the timeframe is up to the creditor and courts. Writs of garnishment have to filed and signed off by the clerks so that could take days or even weeks, my first WoG was less then 30 days from the default and that was for my bank account, my employer less then 90.

Good Luck

[catleg]

You have 10 days to respond to a motion. Measured from the date you are served. However the MSJ must provide enough evidence to prove the case. Since SCP is all done through scanned documents, one tactic is to request to see actual documents.

While off topic, some of this material may be of help. In particular, the notion of how rare an actual "trial" occurs in special civil part is accurate.
It's all designed to occur on paper. I'd say anytime up to 10 days before the trial date you could be served with a motion.
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