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Jeffrey W Plaza

Jeffrey Plaza’s Answers

5 total

  • Couple served with foreclosure. Husband answered complaint. Attorney now seeks to file for default against wife.

    Jeffrey’s Answer

    Did you and your wife file an Answer, or just you? If you both did, you should call the clerk of the court and confirm your Answer was received and filed. If yes, you should consult with an attorney to review the motion and assess whether there is a meritorious basis on which to oppose it given the fact you and your wife interposed an Answer. If it is not reflected on the docket, you should consult with an attorney to obtain assistance with filing an Answer on behalf of both of you that asserts all proper defenses.

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  • Are his actions a breach of contract? How should I handle this situation? Don't I have a right to protect myself legally?

    Jeffrey’s Answer

    I agree with the prior answer that this is a fact sensitive issue. In particular, you should review the building contract with an attorney to determine whether it expressly obligates the builder to maintain certain levels/types of insurance with you named as an additional insured on those policies. If the contract does require that, the builder's refusal to cooperate as you request may constitute a breach of that contract.

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  • At a hearing for Summary Judgment, must I re-argue everything in my brief during oral argument?

    Jeffrey’s Answer

    • Selected as best answer

    Most judges do read all of the motion papers in advance of the oral argument and will state that fact on the record. In those instances, judges appreciate a focused oral argument that emphasizes and amplifies the key points of your position without repeating the entire brief. That is especially true on busy motion days with multiple applications. The judge may also pose questions to you about your arguments and why the opposition arguments of your adversary, if presented, should not prevent the court from granting your motion. As such, you should be prepared to field such questions. If you get through your argument without being interrupted by the judge, you may want to offer to answer any questions he or she may have before concluding your presentation.

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  • NJ no contact order issued by judge but not a domestic violence case.

    Jeffrey’s Answer

    Only the state can entrap you, not a private citizen. If you respond to her unsolicited texts, it would still most likely deemed to be a violation of your bail conditions, so do not do it. You, or prefereably your criminal defense attorney, should let the police know that she is attempting to contact you despite the no contact order and let them deal with it. Similarly, you can tell the police that she is violating your privacy rights by disseminating your Social Security number. If they believe a crime is being committed, they will investigate it for you. Depending on the impact of the disclosure, you may have a civil claim against her. Naturally, if you do communicate directly with the police (as opposed to through an attorney, which is preferable) , you should not discuss any aspect of the case pending against you, not even indirectly.

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  • In NJ, in which court should I file a motion requesting a enforcement of awarded legal fees?

    Jeffrey’s Answer

    It is not clear from your question whether the court ever formally entered judgment against your ex-spouse in the amount of the attorney fee award. If not, you need to file a motion with the same family court requesting the entry of judgment based upon the failure to pay. If you do have a judgment, you should record it in Trenton so that it becomes a statewide lien against all real property he/she owns in NJ. That will effectively prevent the spouse from financing or refinancing any property without satisfying the judgment. Additionally, the court rules permit you to conduct discovery concerning your ex-spouses assets, including a supplemental proceeding which is a deposition under oath. If you locate any assets, you can request the court that entered the judgment to issue a Writ of Execution to the Sheriff in the county in NJ where the assets are located that will allow the Sheriff to seize them. If it is money, it can be turned over to you after another motion. If it is other personal property, it can be sold and the proceeds turned over to you. Finally, it may also be possible for you to attach the wages of your ex-spouse through a different type of application to the court.

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