New Jersey Civil Litigation Legal Questions

If you tried to plead guilty - its because you were admitting to be loud.  Then when asked if you were loud you contradicted yourself and said no.  You needed to say I must have been because people complained or something similar.  You can't say I plead guilty and then when you are aksed if you did it say no.  You need to try to re-enter your guilty plea just to being loud, or go to trial and see what happens.  It does not seem like you would need a lawyer to represent you if it is munipcal court.... Read More

You are mistaken that there was no contract.  You had an agreement with this woman that you would pay her $2,000 apiece for space at two expos.  That is a contract which probably did not have to be in writing.  The question is whether the two of you ever agreed on whether you had a right to back out.  If this was never discussed, you probably have no right to back out.  HOWEVER, in most cases a party aggrieved by a breach of contract has the obligation to mitigate their damages.  In other words, while you may have no right to back out of your agreement, the other party may be required to mitigate her damages by selling the space you were going to use to someone else, if she can.  Her damages would be reduced by whatever she can get for the space.  In other words, unless your agreement expressly provided that the money you paid was non-refundable (and maybe even in that instance), and even if you have breached the agreement, the woman would be obligated to return to you any money she can get for the space from someone else, so that if she were able to sell the space to someone else for $3,000 total, she would only be out $1,000, and would be obligated to return the remaining $3,000 you paid her.... Read More

I would be happy to help you with your case. Please give my office a call so that we can discuss it. 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

Since I do not know what a conciliation court is, I cannot answer your question.  If it is a state court, its jurisdiction is limited to whatever enabling laws created it, and in any event, it is constrained by the geographic limitations of the jurisdiction which created.  In other words, it probably does not have jurisdiction in New Jersey.  That said, I don't know the purpose for you asking the question, and there are means and methods for taking judgments from other states and getting those judgments entered in New Jersey.... Read More

As I understand the law, none of the civil service protections would apply until after you are hired.  In conducting a background check, the investigator is entitled to probe into everything that may disclose you to be unfit for duty, based upon dishonesty, physical inability, etc.  What he believes is less important than what he finds out.  If he asks a question, give him the information and whatever backup documentation you can provide.  If you are working a legitimate job, there will be records to support your ability to support yourself.  If you are getting assistance from someone, say so and offer the proof of it.  Make it easy for the investigator to recommend you by being cooperative and giving him everything he asks for.   Mike Warshaw... Read More

It is possible to file a motion to dismiss in lieu of an answer.  If that happens, the court will hear the motion to dismiss.  At that time you will have to produce an Affidavit of Merit.  that's a document signed by another professional with the same credential indicating that they have reviewed the case and believe that the services provided were below the standard.  If you sue a doctor for malpractice, you must get a doctor with the same qualifications to do the Affidavit of Merit.  If you sue and attorney, you must get an attorney with the same qualifications to do the Affidavit.  you must have that Affidavit in order to defeat the motion to dismiss. ... Read More

In small claims court, any matter can be addressed to the judge.  I believe that is what municipal court is in NJ, although I am not licensed there. In PA, you would attend the hearing and raise that issue as a threshold matter.  If the judge agrees with you, he should relist the matter to give your opponent time to get another lawyer.  But a conflict only arises if the other lawyer either represents you now in the same matter, or represented you in something else which gave him knowledge that could be used against you. ... Read More

Most times, while you are in a public space, you become "public".  In addition, if you turn the ticket over that you have for the concert, chances are there is some provision on there that your attendance at the concert constitutes the right to be photographed as part of the admvertisement of that concert.  I'm not saying that's what the person did to you, but mostly your appearance in a public place leave you subject to being photographed.... Read More

Were you both on the lease?  If she was responsible for payment, you probably should have let the landlord take care of it instead of paying it.  There is nothing to indicate that your ex asked you to pay this, or that you agreed to pay it if you could be paid back.  Nothing you have written indicates that there was any agreement between you to split the cost.  If there was a judgment against you, and you paid to satisfy that judgment it would not appear you could get those funds back.... Read More

Unfortunately, I don't know that you are going to get your money back.  There is nothing in what you wrote  that makes it clear the money you spent to pay her bills was a loan, and not a gift.  You did not mention having anything in writing, or anything form her acknowledging that she would pay this money back to you.  I'm sorry. ... Read More

If he was operating company equipment and doing company business, you may have a case against the local shop, but I would have to take a look at the specifics of the case more carefully. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey     ... Read More

the plaintiff in the matter shold be told that you are asking the Court to find that this is a frivolous lawsuit, and cite the statute: § 2A:15-59.1. Frivolous causes of action (1) The complaint, counterclaim, cross-claim or defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or(2) The nonprevailing party knew, or should have known, that the complaint, counterclaim, cross-claim or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. this puts the party on notice that if you prevail, and get their case dismissed, they will hav eto pay your attorneys fees.  then ask to have the matter be dismissed because it was only filed for purposes of harassment.... Read More

Absent having a lawyer write them and/or start a suit on your behalf, other alternate means to obtaining a resolution from a nonresponsive company is to file a complaint with your local better business bureau or the BBB in the area in which the company is located as well as filing complaints with both the state and your county's department of consumer affairs. Last, a letter from you to the president of the company might help you to obtain some relief. All the above being said, you might want to take care of the insect infestation your self before things get out of hand. I would make sure however to keep receipts and document as much as possible by letters and photographs. All letters should be mailed return receipt requested to evidence delivery and receipt. Good luck. The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message... Read More

You can continue this lawsuit in your husband's name as long as you are the Executor or Administrator of his estate.   If he had a will, take the will to the county surrogate's office in the county in which you live and have the probated.  the Surrogate's Clerks will hlep you.  you will get back a certificate indicating you are the Executor.  You will then have amend the complaint and anem your husband's estate as the plaintiff with yourself as the executor of the estate.  If your husband died without a will, you can still go to the Surrogate's Office and will become the Adminisntrator of his estate and the process from there is the same.   good luck... Read More

That's horrible !  the oil company is liable for damage to your property.  You were not in contract with them, they trespassed on your property, and damaged your property, that is going to be a civil litigation against the oil company.  I can help you with that if you would like a free consultation, contact my office.  Good luck !... Read More

Yes - you can file a civil suit for the damages you suffered.  The attorneys who is defending the person in the civil  suit may try to stop you from using anything that was said in the criminal suit in the civil suit, but you will be able to use any evidence you have of the harassment. Good luck... Read More

My suggestion is that you do absolutely nothing, and say nothing to anyone, unless and until you are contacted by the police. Because the facts as you describe them do not set forth a crime, it is distinctly possible that you will never hear from the police. If you are contacted by the police, engage an attorney and DO NOT SAY ANYTHING except to give your name, date of birth and address. Repeat, buy a roll of duct tape and place it over your mouth if you are contacted by the police. Speak only to your own attorney about this from now on. Do not discuss this matter with anyone, including the friends who were with you.... Read More

In order to claim a Frivolous Lawsuit you have to specifically cite the statute. he Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1 provides that a plaintiff or defendant who prevails in a case “may be awarded all reasonable litigation costs and reasonable attorney fees . . . if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the nonprevailing person was frivolous.” N.J.S.A. 2A:15-59.1(a)(1). Send a certified letter to the person suing you citing this statute and tell them they must immediately with draw their suit.  If you are forced to hire an attorney, you may get your fees back.  We will be happy to discuss fees with you if you would call my office. ... Read More