New Jersey Litigation Legal Questions

I am a certified divorce and family law trial attorney by the NJ Supreme Court and comfortable talking about litigation claims in the family court, but it sounds like you have filed a civil lawsuit - so you are better off directing your question to a civil litigation attorney to determine what steps you need to take next, including determining whether you are qualified to handle this matter on your own. There is a difference between a defendant filing an affirmative defense and his filing of a counterclaim or 3rd party claim and you also need to know the legal significance of the affirmative defenses pled. You also need to know whether the lawyer can represent all of the defendants or whether there is any conflict.... Read More

I am sorry that you are being placed in this setting, but Diamond & Diamond is a specialty law firm focused on Divorce, Post Divorce, Domestic Violence Matters, Custody disputes, Prenuptiual Agreement drafting / review and related family law type matters and therefore I cannot give you advice as to the application of the 2018 law to a lawsuit filed against you, arising out of a 2016 emergency room proceeding. If the law suit was filed after the new law went into effect, the starting point though would be to look at the 2018 statute to see if it applies to medical services incurred prior to the effectlive date or if it applies to lawsuits filed by medical service providers after the effective date of the 2018 law. I would also contact a lawyer who specializes in consumer fraud matters or insurance fraud claims. ... Read More

You should make a careful written record with exhibit s. You should 'connect all the dots' so that it is clear what happened. You should provide a copy to everyone involved so that they are on notice as to what happened. You will then have a basis for moving forward. How much is the ring worth ? We can  help you if you have problems. Ed Dimon, Esq. 732-797-1600... Read More

You don't say which county you filed in. And in small claims court, an attorney may often cost you as much as the case is worth. I think you might need an automobile repair or auto body repair person and documents showing the frame damage. If you still think an attorney would be helpful and your case is in northern New Jersey, you can contact me at 973-665-6367.  Anthony Van Zwaren, Esq.... Read More

Law suits are very fact specific and it is not really possible to state what his chances of success in sucyh a suit might be, but he has the right to file a suit. I recently settled a case against a county jail and their private infirmary service for an unprovoked attack by other inmates against my client. But every case really depends upon whether you can show that the jail was negligent, that they were aware of the possibility of an attack and that they failed to protect him, whether negligently or intentionally. You should have the case reviewed by a civil rights attorney.... Read More

We do represent defendants in prison. However, these cases are very difficult to prove because the witnesses will not testify for your loved one and the correction officers are skilled at giviing testimony. These cases require the use of our excellent private detective who will try to obtain statements from witnesses. Ed Dimon 732-797-1600... Read More

Mr. Robins rightly answered that you hvae the right to represent yourself as long as you are not being sued as a corporation or an LLC. Whether you should do it on your own depends upon your legal expertise if you have to go to court and dispute the debt. It also depends upon the amount. If you are being sued in small claims for under $3,000.00 it may not be financially expedient to hire an attorney, but anything larger and you shoujld at least consult with an attorney. Additionally, in some types of cases, there may be entitlement for attorney fees, either by the plaintiff or by the defendant if your defense asserts certain defenses that are protected (i.e. consumer fraud or illegal withholding of a security deposit in a landlord tenant case). So you should at least try and see an attorney for an assessment of the claim.... Read More

If you have all your records confirming payment, you can certainly dispute the debts. You may even have rights under the Consumer Fair Credit Reporting and the Consumer Fraud Act, but more information would be needed. You certainly can contact the courthouse in your county to see if there was an active court case that you might have defaulted in answering. Even though the amounts are small, if you prove that they are in the wrong, you may be able to file your own legal action under state and federal law that would entitle you to being compensated, even for attorney fees and punitive damages. So it might be worth discussing with an attorney.... Read More

The proceeds of a class action suit go to the attorneys, and the members of the "class" in accordance with their respresentation.  You can't start a class action suit and limit the members of the class to the shareholders of a company.  If that's the class, you just bring a litigation inthe name of the company. ... Read More

You call your own car in surance company and let them know what is happening.  If you worked for the company at the time of the accident and were driving a company vehicle, then the company's insurance should cover you.  If they do not - your insurance will cover you and then go after the company for you to get their money back. ... Read More