New Jersey Breach Of Contract Legal Questions

Anybody can be sued for anything, but whether you can have the suit dismissed on statute of limitations grounds depends on when the alleged breach occurred.  For example, you can have a 99 year lease entered into 94 years ago.  If you fail to pay rent in the 95th year, you can be sued.  Your friend could have a claim against you (and both of you would have claims against the friend who never made his payments) for your share of anything he had to pay as one of the co-signers.  HOWEVER, when your friend filed for bankruptcy (I'm assuming it was chapter 7), his assets, including any claim against you, became part of the bankrupt estate and owned by teh bankruptcy trustee.  He no longer owned it, just like he would no longer own a vacation home or other non-exampt property which would be sold and used to satisfy his creditors.  It's as if he had a promissory note which he never let the bankruptcy court know about, and now that he's out of bankruptcy, without having  paid his creditors with the promissory note, he wants to try to cash it.  He can't because it doesn't belong to him anymore, it belongs to the bankruptcy trustee.... Read Answer

The terms of your written contract should direct any reporting the gallery is supposed to provide to you on any sales.  To the extent you are not getting the information you are entitled to under the agreement, you might consider hiring a lawyer to review the agreement, assess options, and potentially contact the gallery on your own behalf.  Consider hiring a lawyer who would do that on a reaosnable flat fee basis.... Read Answer

If you loaned the money to the husband, with no loan to or guaranty from the wife, you have no claim against the wife ond the debt.  However, if you believe that assets titled in her name are really the husband's in whole or part, or if you believe that he made a fraudulent conveyance (see below) to her, you can go after those assets once you obtain a judgment against the husband.   A fraudulent conveyance is when a debtor transfers assets to someone else with the intent to keep those assets away from his creditors OR when a debtor who is involvent, or is rendered insolvent by the transfer, transfers assets to someone else for less than fair consideration (i.e. selling a car worth $20,000 for $12,000 would be an $8,000 fraudulent conveyance) and then can't pay his debts.... Read Answer

This is an unusual circumstance.  But the mechanism for how and when the landlord ("LL") may/is required to return your deposit is governed by the lease.  It's tough to say whether beaches will be open in June but the LL might say it was only required to give you possession to the house (and not also the beach).  In any event, you might consider hiring an experienced lawyer (on a flat fee basis) who can help you assess your options and work out a resolution with the LL that is mutually beneficially.... Read Answer

Yes, you have a claim to get back anything you paid above the 1/2 that you were supposed to pay.  Although your agreement with your girlfriend was oral, which would be a problem if it was supposed to be performed over the course of more than a year, the lease is (I presume) written.  As you are both on it, you are jointly responsible. ... Read Answer

If I understnad you correctly, you agreed to cosign a business loan by a third party, and to put up your house as collateral, based on misrepresentatyions by your husband's partners.  However, you don't claim any fraud on the part of the lenders.  If those are the facts, you have no basis to rescind your obligations to the lenders, but can sue your husband's partners for damages you sustain as a result of the fraud.... Read Answer

  In my experience, you need a commercial litigator who can reach out to him to let him know you are prepared to sue him and, if necessary, actually sue him.  In my experience working on countless commercial cases, it sounds like you may have claims for breach of contract, unjust enrichment, and (perhaps) conversion (aka theft).  How much money did you give to this person to purchase the car and did you sign a written contract with him? If so, the terms of that contract might dictate what you need to do to preserve your rights. I’d be happy to discuss this with you further.  ... Read Answer

The judgment creditor will avail himself of various legal mechanisms to collect, including garnishing wages, restraining bank accounts and other assets, etc.  Interest will run on the judgment until it is paid, and other expenses of collection (for example a marshal's or sheriff's fee if one of them has to get involved in collectin efforts) may also be added to the judgment.... Read Answer

Unfortunately, absent very unusual circumstances which aren't mentioned in your question, the statute of limitations on your wife's 25 year old civil claim ran out long ago.  However, it is barely possible that the police might still be able to do something on the criminal side if you give them the information.... Read Answer

It is doubtful since you would have to show that a NJ court has jurisdiction over the Tennessee corporation and they would have to be served in Tennessee. If they have a registered agent for service of process in NJ, then they can be served here in NJ. But if it is an online business you will have trouble if they are not registered for business in NJ. You may want to discuss with an attorney. Sometimes, writing to agencies like online BBB and filing a complaint can get some results without going to court.... Read Answer

These are difficult questions because some of the things people do to get cheaper insurance and so on border on fraud. Oral contracts are difficult to prove for obvious reasons. The only solution would have to be going to court to compel your fiance's grandmother to turn over title by court order, but you hvae to prove that the car is rightfully yours. Oral agreements are not enough.... Read Answer

I assume that you have made a good faith effort to resolve the discovery dispute with the plaintiff which has failed.  You can file a motion to compel the discovery and/or to sanction the plaintiff (sanctions can go as far as dismissal of the complaint, if the offense is serious enough( for failure to comply with his/her/its discovery obligations.... Read Answer

There is no such thing as an irrevocable clause, but also no such thing as a contract which allows one party unilaterally to modify it (such a contract would be considered illusory).  You agreed to revoke the clause.  The question is whether your agreement to the modification is void because it was made under duress, and legally I think you have a very tough case.  Your claim would not be based on physical duress (nobody held a literal gun to your head) but rather what is known as economic duress.  I'm not sure whether the clause on which you're relying also prevented you from ever being fired, or ever being fired without cause.  If not, there is nothing wrong with saying that you'lll be fired if you don't accept the new contract.  Even if you couldn't be fired under your old contract, generally you can't void a contract for economic duress if you could have gone to court to avoid the duress in the first place, which seems to be the case here.  I think this claim is weak, but I wonder if you can sustain a claim based on age discrimination?  I don't know the underlying facts about whether younger employees have been treated better, but this might be an avenue to pursue.... Read Answer

I do not bleieve that you can represent the LLC as a lay perso.  You can go to court for yourself, but not on behalf of the LLC.  It is going to be difficult to get an attorney to do it without a retainer because of the work involved in catching up and getting to know enough about the case.  ... Read Answer

 You have to record or "docket" you judgment.  Once your judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until your debt is paid. To record a judgment you should request a Statement for Docketing from the Clerk of the Special Civil Part in the county where the case was heard.... Read Answer

You first have to determine if the Statue of Limitations has run by looking at how long its been since the person tried to pay with the fraudulent check.  Depending on the amount due, you might be able to file a complaint in small claims court and handle the matter yourself.  IT might not be cost effective to retain an attorney.  ... Read Answer

Its really hard to answer this question based on the information you have provided.  Writing a simple letter should not take more than half an hour of time, but the lawyer would also be required to learn more about your case, perhaps do some research asto the current status of legal rights with regard to your matter, and then deal with follow up phone calls or additional letters. ... Read Answer