As you know from a prior post on this blog (https://www.whelan-law.com/residential-evictions-covid-19-style/), there is a moratorium on residential eviction trials in New Jersey. Landlords have filed their cases and are patiently waiting for their day in court. However, the Supreme Court on July 1 ordered mandatory settlement conferences on residential eviction cases. These conferences will occur …
Due to the pandemic, the New Jersey Supreme Court imposed a moratorium on all eviction trials beginning in March 2020 and continuing to the present. This did not prevent landlords for filing eviction complaints and waiting for trial once the moratorium was lifted. Also, the Court did create a narrow exception to permit cases involving a tenant’s …
In a recent blog, I discussed the state of residential evictions in New Jersey. Particularly I noted that while eviction trials were not being scheduled, the Supreme Court had issued an Order allowing landlords in “emergent circumstances” to apply for an Order to Show Cause for eviction. We further noted that we had successfully navigated …
As a result of the pandemic, the New Jersey courts ceased scheduling eviction trials in March 2020. There is no advice as to when that will be resumed. In the meantime, landlords are obligated to pay their mortgage, taxes, and other operating expenses while tenants withhold their rent. It is cold comfort that a landlord …
After a civil defendant is served with the complaint, he can either file an answer or file a motion to dismiss. The motion to dismiss is useful because if it is granted, then the case is over for the dismissed defendants at a very early stage. Also, it forces the plaintiff to come forward with …
A client’s home was foreclosed by his mortgage lender and sold at a sheriffs sale. He had ten days after the sale to redeem the property by paying the lender. On the tenth day, he contacted me and indicated that he would be able to redeem in a couple of weeks. We filed bankruptcy for …
In case you were wondering, the New Jersey courts are open. However, there are severe limitations on attorneys and clients actually going to courthouses. For several years, most cases are being electronically filed with the courts. Two significant classes of cases were excluded however: landlord/tenant eviction cases, and Chancery cases. The court system always planned …
Judgments do not collect themselves. Experienced collection attorneys have many options to enforce judgments. If the client can supply a bank account or employment information for the debtor, then the attorney can immediately proceed with a levy or wage execution. If not, the New Jersey court rules provide a simple method to try to obtain …
In the recent reported Appellate Division decision in Raji v. Saucedo, the trial court determination barring a tenant’s counterclaim against the landlord was upheld. The facts were that the landlord filed an eviction action for non-payment of rent. On the trial date, the parties negotiated an agreement that the tenant would make some rental payment in …
A State court litigant may have the option of removing his case to Federal court, if there is Federal jurisdiction over the case. There are two ways that the Federal courts may have jurisdiction. One is that the case involves a Federal question, such as violation of a constitutional right. The other is if there …
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.