Plaintiff filed a frivolous complaint with no support to their allegations, Defendant responded with an Answer and Counterclaims (with overwhelming evidance).
Plaintiff failed to submit a plead or otherwise defend Counterclaims within the required 35 days to submit and Answer.
25... Read more »
Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... Read more »
answered on Mar 10, 2023
I strongly suggest you speak to an attorney. This type of question is beyond the scope of the Justia Ask a Lawyer service.
Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... Read more »
answered on Mar 12, 2023
You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... Read more »
I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.
My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... Read more »
answered on Mar 13, 2023
Based on the information provided, im not sure that you have the skillset needed to handle litigation on your own. Interrogatories and document requests are sent to the adversary - not to the court and they need to be tailored to the particular issues and claims involved in your matter and need to... Read more »
As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... Read more »
answered on Feb 13, 2023
Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... Read more »
I'm a defendant in a small claims case (New Jersey - $3,000) with a plumber. I want to file a counter claim contesting the original issue, but also file a claim for separate issues for a higher $$ value of approximately $6,000. These additional issues include violations to the New Jersey... Read more »
answered on Dec 26, 2022
It would be a better practice if you retained the services of an attorney. If you were to be successful in your counterclaim for consumer fraud violation, you will awarded attorney's fees.
We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... Read more »
answered on Dec 16, 2022
First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... Read more »
Owner never been to my house or saw the work. His uncle the Forman represented himself as owner and gave estimate. Came back 3 times over 3 months when I complained. Now I fired them and owner wants to talk to see what work they can finish and get paid for. He’s never been in my home and he’s... Read more »
answered on Dec 9, 2022
No you do not let him into your house at all. You need to retain an experienced civil litigation attorney who knows how to utilize the New Jersey Consumer Fraud Act (if successful you will be awarded triple damages, plus attorney fees) and the Federal Magnuson Moss Warranty Act. But you are... Read more »
He said he will file a civil suit. Do courts in Florida have jurisdiction in New Jersey? Do they have a case?
answered on Dec 9, 2022
A civil suit is different from civil rights. Florida, like most states has what is referred to as a long-arm statute, which allows jurisdiction to be obtained against an out-of-state defendant. If you are actually sued, then you will need to retain an experienced FL civil litigation attorney.
They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.
answered on Dec 9, 2022
You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... Read more »
They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.
answered on Nov 30, 2022
You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... Read more »
In it who does he report it to
answered on Nov 13, 2022
First take pictures of damage and, if possible pieces of what fell on car. Report damage to police department of your municipality, Get estimate to repair damages and notify your carrier. Then approach your neighbor and ask for neighbor for name and address of contractor. Write letter to both... Read more »
She was stopped by police for having a suspended license, which I did not know about. A few days later I receive notification from attorney offices advising me to get counsel. I am wondering what are my rights here and what should I do?
answered on Nov 9, 2022
Yes you need a good traffic ticket lawyer as you are probably charged with allowing an unlicensed driver to drive your car. If you get convicted of this offense which is I would assume 39:3-37.1(a) which carries a fines up to $500 and or up to 15 days in Jail. Thus yes you need a lawyer and a... Read more »
Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.... Read more »
answered on Nov 7, 2022
Yes if you have a lawyer you should definitely advise him of this fact.
I have a judgment against a contractor who refused to return deposit. I have already served information subpoena to defendants court appearance. Now, all of his court appearances are virtual. Defendant has not responded to information subpoena within time alotted. I filed notice to enforce... Read more »
answered on Nov 5, 2022
You have to get a Judge to grant you permission to effectuate service by publication. But you risk the contractor being able to discharge the judgment in bankruptcy. If you cannot establish fraudulent conduct that is not dischargeable in bankruptcy then you have a real problem. There are too many... Read more »
A few weeks ago I posted here regarding reopening my divorce post judgement due to fraud. I indicated that I do not have the funds to hire an attorney and was seeking help pro bono. I realize the cost associated with the complexity of this case, and I am willing to help in any way that I can to... Read more »
answered on Oct 25, 2022
Trying to represent yourself in a divorce or post-divorce matter is unwise since you are emotionally involved and not a trained attorney. There has to be a valid reason for reopening a divorce. This is going to be an expensive case and a hard burden to meet. People want to litigate very often,... Read more »
I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... Read more »
answered on Oct 11, 2022
Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.
I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.
Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »
answered on Sep 28, 2022
Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »
I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »
answered on Sep 10, 2022
As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,
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