New Jersey Contracts Legal Questions

You can file in either state, but usually you would file in the jurisdiction most convenient for you (usually your home state) if you can get jurisdiction over the defendant there.  As your borrower entered into a contract with a NJ resident which was to be performed in NJ, he has sufficient contacts with NJ so that it would have jurisdiction over him, even if that is his only contact with NJ. Not sure what you mean about the "filing process"; filing the summons and complaint takes a minute.  Service of process and litigation of the case would take much longer, but I can't give you a good estimate because it depends on whether and how hard the defendant fights, and whether he has any meritorious defenses.  Theoretically, you could serve him easily, he doesn't contest the case, and you could have a judgment within 2 months.  Alternatively, he could duck service, answer the complaint, assert defenses, go through all sorts of discovery and motion practice, the case could go all the way to trial, and you might not get a judgment for years.  It is unlikely that he would do so because (a) it is very expensive;and (b) from the little you've written, I don't know what his defense might be.  However, it is possible. You can't file a criminal lawsuit; criminal actions are not brought by private parties, but rather by governments.  You can go to the police or local District Attorney and seek to have them press charges, but it is unlikely that they would, because breaching a contract is not a crime.  Theoretically, if the person lied to get you to loan the money and never had any intention of paying you back, it could be some sort of crime based on fraud, but that is very difficult to prove beyond a reasonable doubt.  Cases like this are generally considered to be private civil matters, not criminal.... Read More

I believe that a private school has the right to do that, especially in light of the new measles epidemic.  There may be students attending the preschool that cannot receive the vaccinations because of medical reasons, and that your daughter poses a risk to those children.  Notwithstanding that, I believe a private school can require vaccinations without acknowledging a religious exemption.... Read More

Not really.  You say that you let it go for a few years.  Assuming that the statute of limitations has not expired, you could sue only him, but he would assert a claim against your sister for contribution for her portion of the liability.  There are other machinations you could try (suing both then forgiving your sister after obtaining a judgment, etc.) but I really don't see a way to stick the debt solely on her ex.  However, you may be able to settle with him.  For example, he may prefer to pay you $10,000 rather then have you sue him, where, even if he recovers half from your sister, he will face liability of $25,000 plus interest.... Read More

A contract is legally binding as long as there are not provisions in the contract that are contrary to the law.  For an extreme example, you cannot enforce a contract to commit a crime.  as long as the terms of your contract are legally binding, you do not need a lawyer to draft the contract.... Read More

People who sign contracts are deemed, in the law, to have read and understood them, else millions of people would clog the courts with claims that they did not read or understand the contractst they agreed to.  Moreover, to claim fraud, a person must reasonably have relied on the misrepresentations made to them.  If the 4 year term of the lease was in the contract itself, it was not, as a matter of law, reasonable for your fiance to rely on any representation to the contrary.  Therefore I don't think your fiance has any legal basis for getting out of the contract, but the dealership may be willing to compromise somewhat to avoid any hassles with the better business bureau or bad publicity from your fiance's complaint.... Read More

Is it for the purchase of a home? If so, and you are the mortgagor, you will also be on the deed which will provide some protection. You also may be able to protect yourself with a Note or second mortgage depending on the circumstances. You should contact a real estate attorney and review the specifics. ... Read More

Putting aside which state law to apply, an engagement ring is the intent to enter into marriage. Because no marriage took place you are entitled to the ring. The only way she would be entitled to the ring is if it was given to her as a gift (Christmas, birthday, etc.) . A letter needs to be sent to her and if that does not work a complaint needs to be filed as soon as possible.... Read More

With regard to contracts, the answer depends on what the party with whom you are contracting requires.  Contracts are agreements; they are voluntary.  For example, if the bank, or landlord, or supplier, or insurer, or anyone else requires signatures from you, your parents, your grandparents, and the family dog, you have the choice of (i) either obtaining all of those signatures, which will obligate all signatories; (ii) not contracting; or (iii) finding another source for what you need who won't impose such stringent requirements.  If the bank only requires your signature, then you will only have to provide your signature.  However, it is extremely doubtful that any business with whom you wish to contract will accept just your signature, since minors have the option of cancelling contracts they have entered into.  Any person or entity contracting with you will want at least one party who will be bound by the contract to sign it. You don't need to be an adult to have a social security number, and I believe that is the only type of tax registration you will need to do for a sole proprietorship, although you may need more if you have any employees.  Please don't rely on this; check with an accountant. As for a business license, I'm not sure what business you are entering into that requires a license, but you should check with the licensing authority will issue a license to a minor, or if you can operate such business on someone else's license.  If the business has to be licensed, I suspect that the answer to both of these questions is no.... Read More

You probably should contact the company that provided the financing and send them a copy of the title and let them sort it out, if they are inclined to do that.  Send the information to them by certified mail, to be able to prove they got it, so that if they ever come back to you and say they didn't know how the title was written you can prove them wrong. ... Read More