Modular homes are a cost effective alternative to stick built housing. They are prefabricated in a factory setting, in units of boxes. Depending on the home size desired, the house can consist of from three to ten boxes or more. Because a modular home is manufactured under controlled conditions, there is more of an opportunity for …
It seems like at least once a week, I get a call from someone who has had money frozen in their bank account due to entry of a judgment. In some cases, s/he does not even know that s/he was sued. Then there is a very limited amount of time before the creditor obtains a …
In a prior blog on this firm’s websites, we looked at the general rules for serving a summons and complaint on an individual in New Jersey. Let’s look at some of the variations in that process. A minor under the age of 14 must be served by delivery to either his parent, his guardian or …
Faithless Servant Doctrine The New Jersey Supreme Court in its 2015 decision in Kaye v. Rosefielde confirmed that an employer suing a disloyal employee could recover the compensation paid to the employee during the period of disloyalty, even if the disloyal conduct did not actually damage the employer. The court found that “disgorgement” is an equitable remedy …
New Jersey has one of the most stringent residential tenant security laws in the nation. First, the landlord can charge no more than 1 ½ times the monthly rental amount as a security deposit. Next, s/he must deposit the money in an interest bearing account for the benefit of the tenant, and notify the tenant …
Claims under the New Jersey Rent Security Deposit Act Read More »
Let’s clear up some common misunderstandings about what it takes to have a claim for common law fraud in the civil courts of New Jersey. First, there must be a material misrepresentation of a presently existing or past fact. That means that someone lied to you about something significant. Secondly, it must be proven that …
In a recent unreported Appellate Division decision, the New Jersey Consumer Fraud Act (CFA) as applied to home contractor disputes was clarified. The contractor had sued the homeowners for $5000 owed on a home improvement contract and obtained a judgment against them. The Appellate Division reversed and dismissed the contractor’s breach of contract claim. The …
In New Jersey, the primary way to serve the summons and complaint in a civil action on a competent individual is by personal delivery of the papers to the individual. This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant’s home to a member of …
Any interested person may apply to the courts of New Jersey for appointment as guardian of an individual (and his or her property) who is incapacitated and unable to handle his or her own affairs. The case is started by the filing of a verified complaint seeking to have the Court determine the person to …
In a recent unpublished decision, thec New Jersey Appellate Division upheld the trial court’s dismissal of a personal injury lawsuit based on a falldown at a two family house. The bank holding the mortgage on the house had become the owner of the property through foreclosure. The plaintiff, a lawful guest at the property, was …
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.
