New Jersey Civil Litigation Legal Questions

No, unless you can somehow invalidate your original settlement (which would mean you'd have to give the money back) for fraud, duress, or something similar.  In addition to having already litigated your claims, you can be certain that your original settlement agreement contained a release of all claims.... Read More

In order to sue - you must have been damaged in some way.  Getting aggravated, scared, or what ever caused your blood pressure to go up doesn't mean you were damaged.  If you did go to the hospital or incurred some type of cost associated with your experience then you suffered some damage.  In your case, unfortunately, it sounds like you suffered a bad experience, and I'm sorry for that, but you were not damaged. ... Read More

If you know who did it, you should probably file a criminal complaint for the vandalism and let the police establish who did it.  If that person has a car, or lives in a house where other people have cars, that person's car insurance may be liable to pay the damages to your car.  You have to be able to prove that the person did it, not just think they did.  If you can prove that, then yes, you can sue them or give the evidence to the police. ... Read More

I don't fully understand your question.  If there was a look up performed by a private investigation firm, I'm sure they gave you the information that appears of record.  Is it possible that the criminal record that was discovered is not against you but against someone with the same name as you?  If the criminal record shows up against you, arising from a jurisdiction where you have never appeared, then a simple letter should be sufficient to straighten out the issue.  On the other hand, if you have ever been arrested, there will be a record of that and it will show up in a criminal background check.  I hope this is helpful.... Read More

You refer to the buyer as a kid.  If he was a minor at the time of sale, he may be able to rescind the contract.  If he was an adult, however, and the facts are as you represent them to be, you should win the case.  However, that (a) doesn't mean that you won't get sued; and (b) doesn't mean that "the kid" might not present a different set of facts to the Court, which the Court (or jury) might believe.  If you have documentation showing that you sold the car "as is", you should prevail, but nothing is guaranteed.... Read More

If you have violated PTI, then you will be terminated from the PTI program and will have to face your charges.  The violation will probably not be leveled until the new charges are disposed of.  If you can get the new charges dismissed, it is possible that you will not be terminated from your PTI program, although that will depend upon your probation officer and the judge.... Read More

I'm not sure what you mean by "damaging your property."  If the trees are on your neighbor's property, you have no rights with respect to them.  If the trees overhanging onto your property are causing some difficulties, you have the right to trim those trees.  You can only trim them.  However, up to your property line.  He cannot trim them beyond that.  Additionally, we when you trim them, you must make sure that there is damaging the trees are causing trees to be so off waivers that they can no longer stand and instead collapse into your house or in a process.... Read More

I think you need to speak to your mother first.  This, despite the estrangement.  If that fails, ask your father to have his lawyer make it part of his application.  If your father is unwilling to do that, then you need to hire an attorney yourself going to court and seek an order to compel your mother to sign the certificate of title.... Read More

To the best of my knowledge, there is no perfect way to ensure repayment.  If you have proof that you delivered $15,000 to your ex-boyfriend, that is a good first step.  If your boyfriend has sent you emails, acknowledging the debt, and promising to repay, that is further evidence.  There is however very little to prevent him from claiming that the money you gave to him was either a loan or a joint investment that went bad.  It will boil down to a question of who a fact Finder (whether a judge or a jury) should choose to believe.... Read More

It sounds like no one knows who owns the tree, or who planted between the first instance.  The basic rule is that you have the right to do whatever is appropriate to that portion of the treated overhangs your property.  Your neighbor owes you know duty of care, nor do you on your neighbor any duty of care with respect to this tree.  If you are concerned about the tree falling and damaging your house, you should trim the branches to the extent you deem necessary.  If the tree is dying, you might consider speaking to your neighbor about sharing the cost of hiring a tree expert to remove the tree safely and with minimal risk of damage to either house.... Read More

The most basic form that you need is a form of judgment.  This is the document that establishes what relief you are entitled to.  I presume you are seeking money damages.  In that case, your order for judgment should set forth the amount of money you are claiming.  The more complicated question for you to answer is whether you are seeking liquidated damages, (that is an amount identified in your complaint as the amount you are seeking, as for example in a suit for breach of contract), or unliquidated damages, (that is an amount to be determined by a factfinder, such as a claim for personal injury).  If it is for liquidated damages, then you can file an affidavit of proof and an affidavit of nonmilitary service along with the form judgment setting forth the amount of damages you claim.  If it is for unliquidated damages, then you must schedule a proof hearing.  You must appear with whatever witnesses are necessary to prove your case, in front of a judge, and present the proposed form of judgment and affidavit of nonmilitary service at that time.... Read More

This can be very difficult.  Hopefully the police recognize that there are problems with the neighbor, and that you're not doing anything wrong.  Maybe ask to meet with the police, so that you can tell them what is going on and sort of lay the groundwork so if your neighbor calls the police again, at least there is a record of your reasonable behavior. ... Read More

Yes- you can.  Restraining orders are designed to prevent domestic violence.  You will have to be able to testify that you are in fear of harm, have been abused in the past, etc. The restraining order is available only to people who are in a domestic relationship - so you cannot file for a restraining order if you don't currently live together, or have not recently lived together. Good Luck.... Read More

The lawsuit would be for false imprisonment.  There is a right for a store to reasonably detain patrons if there is a reasonable basis to suspect some wrongdoing.  If you were taken to an office and not subjected to a public humiliation, and the other factors are present, you will have a difficult time succeeding in such a lawsuit.  If you can demonstrate there was some other, improper basis for the stop, or that the stop was not reasonable as to time and place, then you will have a claim.  The most difficult aspect of cases like this is establishing damages.  If you have no damages, then regardless of the conduct of the store, you will have no case.... Read More

If the creditor obtained a judgment against your husband, then the information being requested is post judgment discovery.  The subpoena is a simple method of discovering assets of a judgment debtor, so that the judgment creditor can use legal process to collect the judgment from the debtor.  If your husband ignores the subpoena, and the questions are not answered, the creditor might be able to obtain a warrant to arrest your husband.... Read More

Generally, a union contract will limit employees' ability to file a lawsuit, in favor of other procedures such arbitration and mediation. To determine whether a suit can be filed, an attorney will need to review your contract. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More