NO they don't have to prove it all they have to do is get a summary judgment according to the case being discussed in this thread.
It looks like the judge was insisting on a "I owe or I don't owe answer" on the complaint. When the defendant didn't comply, and was refused a continuance, that constitutes "no response" which equals default. Looks like the defendant ran into a hardassed judge that does things his way. That's one thing I always noticed about small claims court judges. You can just tell they are the "Peter Principle" of the legal profession. All of their classmates are in private pratice or are circuit judges hearing important cases and these guys are stuck hearing charged off Visa debts and breaking apt. lease cases. Don't expect any "Perry Mason" moments in this venue. It's like an assembly line. In my county, they call cases 4 at a time to the front. While the judge is hearing 1, 3 more are on deck. Then, a 10 minute recess and repeat theprocess. If they think it's moving to slow, I've seen judges break in and start questioning witness's and lawyers themselves. It's a lot more like "Night Court" as opposed to "Matlock".
I know what you mean about these judges. I once sued the gas co. for over charging me 700 dollars on the account . The gas companies defense was that I did not make payments on time at times. The judge ruled for the Gas Co.because of this. Never mind that I gave the court Copies of all the bills and cancelled checks. Never mind that the total of the checks was 700 bucks more than the total of the bills. In the judges eyes the Gas Co.had the right to screw me out of $700 because payments weren't made in a timely manner.==================These Judges are probably where they ought to be. If they were any higher up the ladder they could really do a lot damage.Heven Forbid don't let them move any higher.They do enougjh damage where they are.!
They will get away with whatever you allow them to get away with, in this case the debtor stood-up and fought for his rights. Tuit
I have to answer the lawsuit.In NJ you have 20 days to file an answer.I was just wondering what should I write for an answer.Im going with its not my account defense and Im going to send the lawyer and the collection firm a validation letter.Do you guys think this is the right thing to do?In the meanwhile im searching for a lawyer on consumer debt.Does anyone know of a good lawyer in NJ?.
