New Jersey Civil Litigation Legal Questions

Your dispute depends upon your proof that the loan you took out was for the benefit of someone else and that this was known to be a loan and not a gift. You state you have proof from the bank, but do not indicate what proof you have. If something was in writing, even if it was only something like the word loan on the certified check, or some other writing, you may have a case, or at least a stronger case.... Read More

You first need to make sure what you are executing the writ on. Is it a bank account? If you have not already served information subpoenas, you may need to serve these to get bank, employer and other information before serving the writ. Sometimes you are better off having an attorney handle these matters.... Read More

You say you co-signed for the car for your ex but don't indicate whether it was while you were still married or after the divorce. Depending upon the wording of any property settlement agreement that may have declared the car to be her possession, if this were strictly an agreement between two parties, you would have a right to sue your ex for the remaining balance or at least a portion thereof.... Read More

The fee for filing a small claims suit is $35 plus $7 for each additional defendant. I am not sure whether an application for this amount of money is worth the effort however, I am providing a link for the court's website on how to file such an application. Be advised that if it is granted and you obtain a settlement or judgment, you may become responsible to pay back the fee.... Read More

First of all, if this is a small claims judgment it is for $3,000.00 or under. I don't see an attorney doing an appeal for such a small amount but if they file a motion, but it is always possible the motion may be successful. There is no way to comment about what you may have done or not done with respect to your insurance company and the claim against the other party's insurance, but I presume you did file an insurance claim. If you received payment for your vehicle from your insurance company, then you would not be entitled to "double dipping" with the defendant's judgment. So that might be what the attorney is trying to find out. My advice would be to consult an attorney, but again if it is indeed small claims, this case may wind up in a higher court with the issues that you or the attorney for the side are raising.... Read More

You would most likely be able to claim your down payment return but not necessarily the total amount of contract, since you didn't pay that yet. Now, a contract may also have exclusions or clauses that talk about delays in work or what might justify a late start. Did you contact the contractor? If you can prove consumer fraud, you may be entitled to more than your down payment, for instance attorney fees and court fees if you go to court. But the most likely result would be getting your down payment returned plus perhaps other incidental expenses.... Read More

Normally, you can sue for the amount that you paid. If you paid the down payment but not the full contract, then you can sue to collect the down payment. You may also recover other amounts such as the spray painting if you get a ticket or have to remove it. If there is a contract and the contract permits you to ask for attorney fees, you may be able to include attorney and court fees, but only if it is in the contract. There may also be a claim for consumer fraud, in which case you may be able to get attorney fees and punitive damages, but most likely it would only be a return of your down payment.... Read More

Landlord tenant cases are usually tried immediately. Calling is not a solution because there is no record. A lawyer would likely have more luck in trying to schedule a short adjournment, but again, because these cases involve payment of rent (usually) they are hard to adjourn. You can call my office tomorrow for further info since I handle the Paterson courts. 973-246-9659.... Read More

Whether you are under oath or not, something somebody tells you is still hearsay because that person is not the one giving testimony. So oath or not only goes to whether you have committed perjury, but does not give you the ability to have anything you relate about what others may have told you to be taken as evidence. There are certain exceptions that an attorney may be aware of, for instance, a dying declaration, or excited utterance, but most lay people are not going to be aware of what those exceptions may be. And even if they were accepted as testimony, they would probably be qualified as "not necessarily going to the truth of the matter presented." ... Read More

If you were married and the bill is for a necessity, which clearly medical treatment would have been, then if the debt is valid, they can pursue it against her spouse, meaning yourself. Since this would be in the six year statute of limitations for debts, the suit is timely. However, that doesn't mean they don't have to prove the debt itself and the amount they are seeking. You would do well to consult with an attorney and promptly file an answer that raises potential defenses. Then you make them prove their claim. This may lead them to dismiss their claim or at least be willing to negotiate.... Read More

You have to be damaged in order to recover damages.  What damages did you suffer?  I know finding a bandaid is gross, but did you have to get tested for any diseases? Did you loose sleep over it?  Couldn't work?  You have to look at what your actual damages are in order to bring a case. ... Read More

This all sounds very unusual.  I have never heard of a doctor quaoting a fee for the delivery of a baby before the bay is born.  What if there are complications?  Do you negotiate the price of that while in the process of delivering?  I would not pay anyone money with the intention that the payment will make a fee disappear.  That sound too close to a bribe.    ... Read More