New Jersey automobile owners receive coverage for medical expenses incurred in the event of injuries sustained in a car accident through the personal injury protection (PIP) portion of their automobile insurance policy.
A company obtained a home through foreclosure and had it inspected. The inspector noted moisture stains but did not note what the stains were. The company contracted to sell the property to buyers who agreed in the contract that the property was being sold in “as is” condition.
In a recent Appellate Division decision, the court considered the claim of an auto accident victim who had caught a ride with a fellow member of a non-profit charitable arts organization. The organization arranged for percussion instrument performances and competitions for its members. It would inform the members of the time, date and location of rehearsals and performances and provided directions.
A creditor seeking to collect a judgment has many options. It can levy on a bank account, garnish the debtor’s wages or seek to sell any real estate owned by the debtor. However, there are rules and limitations on that process.
From our experience, we know that people file for bankruptcy for a number of reasons. Unemployment, death of a spouse, a costly illness or a divorce all may lead people to decide that bankruptcy is their best course of action.
There are a number of fallacies that people have about filing for Chapter 13 and Chapter 7 bankruptcy.
The State of New Jersey is always concerned about collecting tax due on sale transactions, big and small. The Bulk Sales Act requires parties to a transaction involving the sale of real estate, a business, or both, to file a notification form with the Division of Taxation prior to closing. Upon receipt of that form, the Division reviews the transaction and notifies the parties of the amount to be held in escrow at closing, pending the seller filing the applicable tax return and paying any tax due.
Most bankruptcies filed in the United States are either under Chapter 7 or Chapter 13. The kind that you file depends on a few criteria, including your income, assets, debts, and your financial goals.
The Appellate Division recently ordered a new trial in an auto accident case involving a Hispanic plaintiff. The court found that defense counsel’s cross-examination of the Colombian-born plaintiff about his citizenship, how long he lived in the United States, and his need for an interpreter could appeal to juror prejudice, inflame certain jurors and distract them from their proper role as evaluators of evidence.
A last will and testament will usually designate an executor to carry out the decedent’s wishes. Upon death, the will is submitted to the county surrogate for probate. At the same time, the executor qualifies and is issued letters testamentary, and then may act on behalf of the estate.
In a recent unreported decision, the Appellate Division upheld the dismissal of a trip and fall complaint arising from an accident on a residential sidewalk. The plaintiff claimed that the homeowner had planted a tree on his property which caused the sidewalk to become raised and buckled, on which the plaintiff tripped and fell. The homeowner admitted the condition of the sidewalk but claimed that he had only planted trees in his backyard. The homeowner did repair the sidewalk, but only after the town issued him a summons for failure to maintain the sidewalk.
