Can an attorney please explain when papers are considered "served": once I send them to the other side (by postmark) or when they actually receive them? The USPS is so unreliable that it's very hard to know when something sent first class mail is ...
If you're in NJ state court, read the rules of court. It clearly explains the circumstances under which service is considered complete.See question
I am being fined for violating a rule that is not even in the association rules & regulations plus they are fining me without warning, which is against their own due process policy. All of this is as a result of a crazy neighbor who harassed and ...
You need a business litigation attorney who is familiar with NJ HOA/condominium law. No matter how wrong the association is, however, if all that's at stake is $50 you should consider paying the fine and dropping it. It will cost exponentially more to hire any qualified attorney to pursue litigation (don't be fooled into thinking that having an attorney send a strongly worded letter will get you what you want). In addition, the laws and association bylaws are written in a manner that effectively has the deck stacked against you, so even if you're right you could end up losing in court.See question
My ex lied about our children being kidnapped. I have proof that her statement wasn't true, but I have no legal representation. Is it too late to appeal the order?
Appeals from New Jersey state trial courts must be taken within 45 days from the date the final judgment or order being appealed was entered, but there is a method by which you can ask the Appellate Division for an extension. Having said that, the circumstances you present could justify filing a post-judgment motion in the family division. In either situation you should hire an attorney for this, because there are many technical and procedural requirements, which could likely thwart your efforts if not handled properly.See question
Currently in litigation and discovery. Interrogatories was submitted more 6 mos out of compliance. Can I still file that motion against them for non compliance and request sanctions?
You haven't said which court you're in, or whether the interrogatories were served and not answered, or never served in the first place. You also haven't said whether there is a case management order in place, and/or when the discovery cutoff is. All of these procedural issues are one of the reasons you should have an attorney. You can't possibly expect to know and understand all of the rules of court, and pitfalls within.See question
Can a person who took a plea deal in 2014 was sentenced and did their time. An is currently on parole appeal or retract thier plea because they want to get back at someone.
Although it is possible to withdraw a guilty plea retroactively, you have to make an application to the judge who took the plea, and you would have to meet the standard to do so. The standard varies from state to state, but it usually requires some kind of showing of "manifest injustice." Having said that, a defendant who wants to withdraw their guilty plea as a means of revenge is not likely to have his application approved.See question
Case is before Superior Court special civil part in NJ: Landlord tenant suit. I am the defendant. Plaintiff failed to answer requested production. I filed a motion to compel and motion was granted. On court date plaintiff attempted to have case p...
Counterclaims in landlord/tenant cases are barred by Rule 6:3-4; interrogatories are also barred, by Rule 6:4-3, so how you got that motion granted is another puzzling matter.See question
I am representing myself in court and wanted to ask what the legal definition of "service" is, whether it is on the day that is stamped on the certified (or regular) mail or the day it is received? Put another way, if I am told I must serve a docu...
Like so many questions asked in this forum, the answer is, it depends—on who and what is being served. If you're in a NJ state court, "service" is defined in Rule 1:5 of the New Jersey Rules of Court, and there are different requirements for service depending on whether you are serving a motion or copy of an order, versus a pleading or initial legal process. There are also different requirements depending on whether or not you are serving an attorney who is of record in the case. You can find the full text of the rule at the judiciary's website (http://bahg.at/2ihLepm). Good luck!See question
I am filing official misconduct charges against members of the NJ racing commission. If found guilty can I seek damages? Second, I was suspended by commission for a boughs charge. In my letter notifying me of suspension which took my livelihood a...
Your question definitely belongs in forum devoted to administrative or government law.
Having said that, Official Misconduct is a crime in the state of New Jersey (N.J.S.A. § 2C:30-2), which is more or less intended to prevent public officials from accepting bribes, or other benefits in exchange for performing their statutory duties. I'm not aware of a private right of action for official misconduct, however, there are general statutes that provide remedies for violations of constitutional or due process rights by a government official or agency (e.g. 42 U.S.C. § 1983).
But the bottom line is this: If your livelihood has been taken away, without due process of law, you should speak with a civil rights attorney immediately, because you may be entitled to injunctive relief, which would, in theory, be unavailable if you fail to act immediately.See question