New Jersey Civil Litigation Legal Questions

If she actually has no assets, income, or insurance, you will not collect.  However, you can collect on judgments for many years (20 years in NY, not sure about NJ), and there are various collection procedures (including taking discovery to determine the debtor's assets and income, attaching the defendant's assets, and/or garnishing the debtor's income) which can help you collect if the debtor is lying.  Have you made a claim under your insurance policy?... Read More

this is going to depend on the agreement you signed with the first attorney.  If you signed an agreement that required the attorney obtain the judgment, then you may that attorney fees.  If the agreement says that the attorney receives a portion of what the attorney collects in judgment, then you might not owe the first attorney.... Read More

You don't say whether the settlement was embodied in a Court order, or was just an agreement between the parties.  If the former, it can be enforced through contempt proceedings.  If the latter, it can be enforced the same way as any other contract, i.e. you sue the other side for breach of contract.  The merits of the underlying dispute would no longer be relevant, however (except if the defendant claims that they prove some defense to the contract, such as fraud in the inducement or failure of consideration.)  You would only have to show that the settlement agreement was a valid contract, that you had performed your end of it, and that the other side had breached.  If you sue and win, you would get a judgment, which can then be enforced by collection procedures, such as garnishing wages or other income, auctioning off the debtor's assets, etc.... Read More

It's hard to give advice like this without knowing everything about the case, but from the little information I have I would advise you to use the trial attorney, assuming you think he did a good job originally.  Chances are good that the choice of attorney will not affect the outcome - either both attorneys would win, or both would lose.  Even if your choice of attorney was going to make a difference - if one attorney would lose while the other would win - you don't know that it is the appellate attorney who would win.  What you do know is that, unless you can find an attorney who will handle the case on a contingency (doubtful with an appeal), you will spend less money on an attorney who already knows everything about the case than one who has to learn everything.... Read More

Several reasons: 1.  courtesy - when one lawyer takes over a case another lawyer is handling, professional courtesy dictates that a phone call is made. 2.  to verify whatever you have told him/her.  While we generally take our clients' word on things, we all follow the Ronald Regan suggestion:  trust but verify. 3.  to see what stage the matter has progressed to.  It may not be worth the new lawyer's time to get involved.... Read More

you can sue for the extent of your personal injury.  Did you require medical treatment?  Was the cost of the treatment paid by medical insurance?  did you loose time from work?  has your foot healed or is it permanently damaged?  You can only sue for the damages that your actually incurred. ... Read More

 I hitnkl you have posted this question on another bulletin board.  Consult with a lawyer near you to deal with this employment law and potential defamation claim.  The terms of your employment may also govern this situation.   How do you know that you are blacklisted?  ... Read More

Anyone can sue for anything, but that doesn't mean that she will win.  If she agrees with the facts as you have presented them, she would have no claim to any interest in the house.  Howver, if she claims that you she was a part owner of the house and that you were only holding title in your name as a convenience, she may make a claim that you were holding  her interest in the house in what is known as a "constructive trust", and the case may not be a slam dunk either way.  Normally, contracts involving interests in real property have to be in writing, but that is not always the case in dealings between fiduciaries, i.e. parent/child, attorney/client, and, depending on your exact circumstances, possibly live in boyfriend/girlfriend.  Frankly, I would consider romantic partners who lived together for more than 5 years to be fiduciaries.  This doesn't mean that you will lose, but it does mean that your ex, depending on exactly what she says the facts are, may have a viable claim (although I think your claim is stronger, particulary if you paid the entire down payment, and if you hadn't lived together before the house was purchased.)  ... Read More

No, for several reasons. Comments made in the course of a litigation are privileged unless they are absolutely irrelevant to the proceedings.  Although you may consider the statement malicious and unnecessary (I don't disagree), it doesn't meet that very broad standard. Also, a comment that you need psychiatric help is, a statement of opinion, not fact, and is therefore not actionable. Also, you have no monetary damages.  There are certain types of defamatory comments which can give rise to a claim even without money damages (these types of oral statements are called slander per se), and it is possible that this comment could fit into that category, but it may not.... Read More

I don't understand your question.  A person who has been adjudicated incompetent can bring an action through his/her guardian.  If no court judgment of incompetence, then there is a presumption of competence, and thus no special considerations.  I don't understand the remainder of your inquiry.... Read More

It is my understanding that VA benefits can only be garnished if you were over paid VA benefits and owe partial payment back to the VA.  I think they may also be able to garnish those benefits if you owe outstanding federal income taxes.  But not with a promissory note or other lien.  ... Read More

If you settled the matter, chances are you signed releases that indicate you were fully compensated for your injuries and you cannot sue the same parties again.  If there are claims against another party, who was not a party to the first lawsuite, then you can still bring that lawsuit.... Read More

What does the contract say, exactly, about this situation?  Time is not of the essence in most contracts, so seller who sells to another buyer usually has a problem with breach, in the absence of notice or some provision in the contract.  You should get you deposit back and tell seller you won't sue him/her for the return of the deposit.  Key issue is what is reasonable under the circumstances, and you and seller disagree on what that is.... Read More

There is a statutory right that an attorney has to charge a lien against a client file.  If you disagree with the amount, you can elect fee arbitration, through the bar association.  It is only available as an option to the client.  The lawyer cannot initiate.  S/he also has the right to sue for fees, if not paid.... Read More