Can a summons and notice be filed in either state or federal court in new jersey for tort action?
Generally no. Mere notice is not enough. You must prepare and file a complaint stating the personal injury, liability and damages with specificity as required by applicable state or federal law and rules. The summons must be served properly in order to invoke the court's jurisdiction and venue. The rules and service requirements are somewhat technical. Hire an experienced New Jersey trial lawyer to help and guide you so you don't do this wrong.See question
I received a phone call from Forever Processing stating in the process of filing a felony warrant with the sheriff's dept. on behalf of Brookhaven Legal Services, WV . There is $1958.58 outstanding insufficient funds fees on a payday loan. The pa...
Send certified return receipt letter to creditor enclosing copy of your stamped bankruptcy petition cover page, the page from Schedule F where the debt was listed, and your discharge order. State in your letter that the debt has been discharged and demand that the creditor refrain from further communications with you except in writing. If the collection efforts persist you may need to engage the services of a bankruptcy lawyer to enforce your rights under the bankruptcy discharge stay.Good luck to you.See question
Payment for the company. What can I do about it? What are my rights?
What you describe unfortunately happens too often these days. Speak first with the company's senior management and HR chief about their intentions regarding payment of employee payroll and benefits.Confirm that your withholding taxes and pension have been fully funded. Next confer with and engage the services of an experienced New York bankruptcy attorney regarding your rights to file a priority wage claim in the event the company seeks creditor protection under chapter 7 (liquidation) or chapter 11 (reorganization). Do not put this off. Good luck to you.See question
I am looking to start selling paintball guns and equipment. I want to start online first, then open a storefront. Do I need special licensing? Are paintball guns considered real guns by the state?
Last time I checked paintball guns were considered sporting equipment not firearms. Dick's Sporting Goods and other sporting good vendors sell them every day. They are not subject to state or federal gun registration. There may other regulations and permits needed depending on the town. Consult a business attorney and a seasoned accountant. If you are sponsoring paintball tournaments you should also get appropriate insurance and have a proper injury disclaimer prepared and reviewed by experienced counsel.See question
In federal court judge repeatedly ignored federal law to justify illegal decision for opposite party in mortgage POC.He ignored fraudulent documents evidence from opposing party & tried to give me lecture that I should not make complaints of frau...
Mere disagreement is not a basis for recusal. I have seen many pro se litigants make this error. You should arrange to meet with an experienced New York trial lawyer as soon as possible and review the facts and circumstances of the perceived bias in a confidential office setting.See question
Lets say Party A had an issue with someone regarding money and to avoid being procestured they agreed to make resutition. So Party A paid Party B what was agreed upon. Now Party B is saying that Party A stills owes more money even after receiving ...
If this is a criminal matter you can always file a criminal complaint with the prosecutor. Otherwise, you may wish to consult with a New Jersey civil trial attorney about your rights. S/he will be able to review the facts and the restitution agreement with you in a confidential office settling. Good luck.See question
I lent a so called friend 15k... He promised to pay it back by end of July... Has not done so.... I had him sign a notarized note stating he would... He has not paid a dime... What can I do??
The matter is too large for small claims court. Confer in confidence with an experienced New York collection lawyer about your legal position under the notarized note and whether you are prepared to sue your friend.See question
if i purchased an item online and the tracking shows that the doorman signed for it but the doorman can't find out - whos responsible for the lost package? me, the merchant, the doorman, or my building?
I'm recently married, and trying to get my credit score out of the 500's. An attorney told me Chase bank based in DE should not be able to file judgement after 3 yrs due to DE law? (I'm in NY) (Debt is last paid 2008, Judgement was 12/2012 and I n...
The judgment will remain on your credit report and if you call the creditor there will be nothing to discuss regarding either service of process or the possible statute of limitations defense. At this point your sole option is to work out payment of the judgment. In the alternative, as my colleague accurately pointed out, you would benefit from conferring with an experienced New York attorney in confidence regarding your option to contest the judgment. If you successfully move against the judgment you will be able to defend the claim on the merits. In New York a motion to vacate a default judgment ordinarily must be made within one year and requires a showing of excusable neglect and a meritorious defense to the underlying action. Good luck.See question
If it is clearly obvious that the defense to a lawsuit has missed deadlines for discovery, ignored motions to compel, etc. what can happen at the compliance conference?
The advice given to you is sound. But general advice is necessarily general. Meet with a lawyer in confidence to review the unique facts and circumstances of your case. You will be best served once you engage an seasoned New York trial lawyer to advocate for you. Locate one here on Avvo through the Find a Lawyer tab. Good luck.See question