New Jersey Civil Litigation Legal Questions

The answer to your question depends upon what the contract is for. But most business transactions can be handled by a commercial litigation attorney. You might consider hiring an attorney who will send a demand letter on your behalf as that would be drastically cheaper than filing a lawsuit. You may have to file a lawsuit eventually but it is a minimal investment to send a letter on your behalf as it might be taken more seriously than your efforts to settle on your own. If those settlement efforts don't work out then you would have to file a lawsuit or an arbitration (the location of which could be determined by provisions of the contract). Consider contacting a commercial litigation lawyer who will review the contract for you and help you assess options. There are some lawyers who will offer these pre-lawsuit services on a flat fee basis.... Read More

I can help you with this. If you truly prove it is mistaken identity, you might want to do some "discovery" or file a motion to dismiss. The specific action you take depends on 1) their facts regarding the owner of the account; and 2) your specific defenses. Have you already sent them specific information regarding the mistaken identity? What have you sent? Edward Zohn, Attorney at Law, 908.791.0312... Read More

The answer to "can he sue me?" is always yes.  More importantly, from what you've written, it appears that your friend would win.  There is no question that you had a loan contract by which you were to repay him, and such a contract does not need to be notarized or even written.  Where no date for repayment is agreed to, Courts will imply a reaosnable time period for repayment, whihc would almost certainly be less than a year and a half.  Also, the Court would probably include an award of interest from the date it holds that the debt came due.  The outcome might be different if you said that the agreement was that you would repay him upon the occurrence of a condition, such as you beginning to earn a certain amount, but you haven't written anything about any condition for repaymentk, and if it wasn't in the written agreement, the Court will probably hold that it isn't part of the agreement anyway.... Read More

Demand the $40,000 back, hire a new contractor, get an expert to determine how much is needed to finish the job, sue the contractor, or any combination of the above. You have options. For $40,000, however, I recommend that you not do this on your own. I deal with residential contractors all the time. Regards, Edward Zohn, Attorney at Law, 908.791.0312... Read More

I don't think you have a chance to win.  You are a resident, but you didn't pay for a sticker, depriving the town of the sticker fee.  The town doesn't want residents not to pay for stickers and take their chances, and then get off by buying a sticker later.  If so, why would anyone pay for a parking sticker?  The town would lose money.  Moreover, letting you off would be unfair to those who paid for their permits.  This is not to say that a judge may not do you a favor, but (as a guy who pays about $350 a year for parking stickers), I wouldn't expect him/her to do so.... Read More

I don't know the exact procedure in New Jersey, but in most jurisdictions, if you make diligent but unsuccessful attempts to serve someone in the normal way, you can get a court order allowing you to serve them in some other way, usually by publicaiotn (i.e. placing a notice in a newspaper).  However, if you can't find her, how would you collect on any judgment?  It may not be worth it to lay out the money for filing and service fees if you have no way to collect.  Perhaps a better way would be to start a lawsuit, and seek a court order allowing you to subpoena her isp or telepone service provider to get her address.... Read More

There could be some issues with this case due to title being in your name, but bottom line, regardless of who owns the car, is that you loaned this person money which they have failed to repay, and that their violations cauaed you to have to pay tickets.  Those are valid claims, but of course there are no guarantees, particularly since I don't know what the other party is going to say.... Read More

ITs not that the Judge is trying to rush the case.  The Affidavit of Merit is the most important first step.  The Courts want to guarantee that you have an actual case, and are not just disatisfied with the results.  Nothing will move forward until the Affidaivit of Merit is completed within the time required. ... Read More

Your case is very complicated and involves possible civil matters, criminal charges and a possible need to have your mother placed under guardianship if there are other relatives who are taking advantage of her. There is no way to give an answer to this. You need to seek a full consultation with an attorney, and it may involve more than one, since there are guardianship issues, criminal issues as well as possible civil complaints.... Read More

If you believe that the insurance company is not providing you with the coverage it is supposed to under your policy, you can sue it for breach of contract.  You should first look at your policy, however, and see whether these damages (your lost personal items and any expenses you may have because you are now without a car) are covered.... Read More

Why are you asking in 2017 for something that occurred in 2010? First, it is necessary to file a notice of claim within 90 days of the arrest against the gov't agency or municipality that ordered the arrest. Assuming you did that, you would have two years to file a suit. So again, why did you wait seven years? Your time to do anything expired long ago.... Read More

This is a complicated issue and really would likely only be decided in the context of litigation. This will need to be hashed out in a suit to determine whether or not the spouse had any ownership interest. But you say that the spouse's name was taken off the deed a year after marriage. But was the deed executed as part of the mortgage and was the spouse's name on the mortgage? You really need to arrange to have an in office consultation with an attorney and bring your documentation with you.... Read More

I do not know if you have a malpractice case, however, please note that before you can file suit against a gov't entity, a notice of claim has to be filed within 90 days of the incident against the agency or government entity you think was responsible. This would be true for any suit against Atlantic County. If the nurse worked for a private infirmary (some jails and prisons use outside providers) then they can be sued within the proper statute of limitations of two years from date of incident.... Read More