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 …
I was recently retained by a family to file a lawsuit to compel the State of New Jersey to amend their child’s birth certificate. This was a most unusual request. The child, a New Jersey college athlete, wished to establish dual citizenship with his country of origin in order to be eligible to try out …
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. For example, a creditor may not seek to sell the debtor’s real estate to …
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. When a person dies without a …
When a tenant moves out of an apartment but leaves personal belongings behind, the landlord may not dispose of the property without giving the tenant an opportunity to return to the apartment and remove the belongings. This applies even if the tenant owes rent and even if the tenant was legally evicted by the court. …
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.
