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New Jersey Civil Litigation Questions & Answers
2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for New Jersey on
Q: I was in kids of North Jersey with my sister for years it was torment I was actually with Rebecca and my life has been t

My life has been a nightmare ever since my sister is dead she never recovered from the mental anguish and physical torment we went through I am now writing a book I want to sue them if anything just because my sister's not here to be a voice

James L. Arrasmith
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answered on Mar 6, 2024

I'm deeply sorry to hear about the experiences you and your sister endured. It's heartbreaking to learn about the lasting impact it has had on both of your lives. Writing a book can be a powerful way to share your story and honor your sister's memory, shedding light on the injustices... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New Jersey on
Q: Way to sue roommate for causing me mental trauma and trying to discourage me to find a replacement

I have been dealing with a cunning roommate. Since last 1 year, he had been making noise and partying once or twice a week ruining my sleep. When i confronted him, he blamed me equally for keeping silent for so long. I couldn't really stay peacefully once I confronted him.

I decided... View More

James L. Arrasmith
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answered on Mar 5, 2024

Suing a roommate for mental trauma and actions that discouraged potential replacements for your tenancy can be complex and challenging. In legal terms, to pursue a lawsuit for emotional distress, you would need to demonstrate that the roommate's actions were intentional or reckless, caused you... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: I'm in NJ and am main buyer on a vehicle contract with an ex. I sued him in special civil court and won. However

Im trying to get off the loan entirely or gain possession of the car. The lender did an extension agreement with the cosigner without my knowledge or signature electronically. Is this legal in NJ? Co-signer's name is on the title however I can add mine on to it at any time. What is the best... View More

Leonard R. Boyer
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answered on Feb 26, 2024

You need to retain an experienced civil litigation attorney to represent your interests in this matter. You should expect to pay for a 1/2 hour of attorney time to have your best course of action determined. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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1 Answer | Asked in Civil Litigation for New Jersey on
Q: I lost a civil case and would like to pay my judgement. Can I make the payment directly to the winning parties lawyer?

They have an online payment method and I would like to use that as my payment option if possible. Thanks

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

While that is probably adequate, you could take a minute or two to contact the law firm in writing (email will do) and request instructions on how to make payment. It's likely they'll advise you to proceed as you outlined in your post, but this way, you'll be certain. Good luck

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have a civil claim and the defendant countered. Now I need to adjust my reimbursement request. How do I do that

I live in NJ but the case is being heard over Zoom court in Kent County, DE

James L. Arrasmith
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answered on Feb 24, 2024

To adjust your reimbursement request in response to the defendant's counterclaim, you will need to file an amended complaint. In your amended complaint, you can revise the amount you are seeking for reimbursement or make any other necessary changes to your claim. Ensure that you clearly... View More

1 Answer | Asked in Civil Litigation and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would offer a cash settlement. Not married. Legal?
Teresa L. Reichek
Teresa L. Reichek
answered on Jan 28, 2024

Absolutely not. You should consult an experienced family law or criminal defense attorney immediately.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: What is the rule regarding admissability of testing outside the presence of opposing counsel?
Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

If you're talking about testing for damages in a claim, many forms of testing (material science, metallurgical, engineering, biological, etc.) are conducted in labs or in the field. As long as the persons performing the testing are qualified and the lab is legitimate, most of it is done... View More

1 Answer | Asked in Civil Litigation and Immigration Law for New Jersey on
Q: How do I stop a former step father who is an illegal from harassing me for money?

My mother passed away almost 2 years ago and her freeloading illegal husband had no place to go after she died. He broke into the garage of their prior rental for a while and stayed there and finally found some unsuspecting woman to take pity on him and found him a room in a house with other... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about your former stepfather's harassment for money. To address this situation legally, you may consider taking the following steps:

Cease All Financial Support: Stop sending him groceries or any financial assistance immediately. Continuing to provide support...
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1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for New Jersey on
Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj.

Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff

James L. Arrasmith
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answered on Dec 30, 2023

For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns.

Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case....
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1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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1 Answer | Asked in Family Law, Personal Injury and Civil Litigation for New Jersey on
Q: i filed a motion to strike the pleadings of defendat for failure to make discovery

I have a lawsuit against family members where I am nearing the end of discovery. the defendants have not conducted any discovery which led to their pleadings being struck without prejudice. I filed a second motion to strike with prejudice and the courts filed an order stating the court will dismiss... View More

Richard Diamond
Richard Diamond
answered on Dec 11, 2023

My suggestion is that you meet with / retain a lawyer to take over the handling of your matter since I am not sure that you understand the legal significance of your actions or the court's response to it. You served discovery requests on the other side and presumably, they answered your... View More

2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

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1 Answer | Asked in Personal Injury and Civil Litigation for New Jersey on
Q: I was abused there as a child. I recently settled with a state hospital that I also was abused in. Can that be a problem
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

If you had an attorney on the case, they would be in a better position to advise - based on the allegations made, parties who they were made against. where they arose, what the terms of the release were, etc. Based on the brief facts, it could be difficult for an attorney to sort this out in a... View More

1 Answer | Asked in Civil Litigation, Education Law, Employment Discrimination and Employment Law for New Jersey on
Q: In a title 7 federal civil rights law suit what are the rules of law

I’ve been a state employee in NJ who has been reporting civil rights violations and just recently received a letter from the EEOC stating that my civil rights have been violated

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

This question only contains enough information to advise that this person needs to meet with and hire a NJ attorney who specializes in civil rights law. An attorney needs to read that letter if it is a "right-to-sue" letter, Title VII claims must be filed 90 days from the date the... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New Jersey on
Q: My son won't let me see my grandson? I'm live in NJ, do I have a right to see him??

My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More

Richard Diamond
Richard Diamond
answered on Nov 15, 2023

Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing...
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1 Answer | Asked in Civil Litigation for New Jersey on
Q: How long in NEW JERSEY a person has to personally serve a summons and complaint on a defendant?

I have already filed my complaint and was issued a summons in Bergen County Superior Court in NJ. However, I thought I had 6 months to serve but I can find nothing to confirm this. I searched through all the NJ rules for service and found no time limit. I am now at 120 days and the defendant is out... View More

James L. Arrasmith
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answered on Nov 9, 2023

In New Jersey, the general rule is that you have 90 days from the date the summons was issued to serve the defendant. However, under certain circumstances, the court may extend this time frame if you can show good cause or if it's in the interest of justice.

Since you're at 120...
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1 Answer | Asked in Civil Litigation and Real Estate Law for New Jersey on
Q: Fort Lee, NJ Coop building - active leaks from units above AC system, damage to our ceiling , Coop delays repair

NJ Coop building : For past 6 weeks and this problem existed a year ago, the AC system in apartment unit above us leaks. The water first dripped through AC unit , walls but now it seriously damaged ceiling, and continues to leak. Coop management & maintenance delays repair work, and their... View More

Leonard R. Boyer
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answered on Sep 10, 2023

You really need to retain an experienced civil litigation attorney and file suit against the coop board ,the President and possibly the unit owner above you. Many of these HOA, coop, and condo boards are either corrupt or engage in improper self-dealing. I routinely advise my clients to avoid... View More

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