Questions answered by Frederick A. Lurie

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Judge granted default motion with no service so should I motion to vacate or motion to reconsider?

Frederick's answer | Answered on July 07, 2017

Your question is unclear. "No signature" on what? On the return of service or do you mean the the was no stamp or seal by the clerk of the court on...

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Why is the Law Division attractive to some plaintiffs if the damages are way less than 50K?

Frederick's answer | Answered on July 06, 2017

Cases in the law division are scheduled in 15 or 30 minute increments. For example, a motion could be scheduled at 9:30, 9:45 of 10:15. In...

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Is it illegal for attorney to obtain, posses & file a court order draft that had neither the judge's signature nor stamp ?

Frederick's answer | Answered on July 05, 2017

It depends. If the motion is predicated on an order that has not been entered, the attorney may be subject to sanctions under Supreme Court rule...

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Pro Se Plaintiff here. Should I still serve Defendant's Attorney with filings after he email that he does not represent them now

Frederick's answer | Answered on June 30, 2017

I agree with Mr. Gay. If an appearance has been filed by the attorney, he or she is the attorney of record until the court grants the lawyer leave...

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Is my Constitution Lien in First Position Before A home owners Mortgage?

Frederick's answer | Answered on June 28, 2017

The right answer depends on a number of factors, assuming you are referring to a mechanics lien: who filed first, whether the GC's (or your)...

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Defendant files motion on default judgement but doesn't show.

Frederick's answer | Answered on June 26, 2017

I agree with Mr. Hoffman. However, how you defend it depends on whether the 2d motion was filed on or after 30 days after the judgement was...

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Will objecting to discovery eliminate the freezing of banking assets or other motions must be filed for that and which motions?

Frederick's answer | Answered on June 21, 2017

You could move to quash the citation but since a motion to vacate the judgment is already pending, it should be enough to advise the citation judge...

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Can I, the plaintiff, file a motion to dismiss without prejudice, before the defendant is served?

Frederick's answer | Answered on June 19, 2017

You can but I am not sure why you would. If you hire a lawyer, the attorney can file an amended complaint if he or she wants. Other than pro se...

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Does an amended complaint start a need for new sequence of diligent service attempts (def. never appeared or served original) ?

Frederick's answer | Answered on June 17, 2017

Changing the wording of your question is not going to change the answer.

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Must (or ought) a Plaintiff, after approval of an amended complaint, provide a new series of diligent service attempts?

Frederick's answer | Answered on June 17, 2017

If the amended complaint dad's new parties, plaintiff must exercise diligence in serving the new parties. However, once the plaintiff has used...

Frederick A. Lurie's Answers (561)

Judge granted default motion with no service so should I motion to vacate or motion to reconsider?

Why is the Law Division attractive to some plaintiffs if the damages are way less than 50K?

Is it illegal for attorney to obtain, posses & file a court order draft that had neither the judge's signature nor stamp ?

Pro Se Plaintiff here. Should I still serve Defendant's Attorney with filings after he email that he does not represent them now

Is my Constitution Lien in First Position Before A home owners Mortgage?

Defendant files motion on default judgement but doesn't show.

Will objecting to discovery eliminate the freezing of banking assets or other motions must be filed for that and which motions?

Can I, the plaintiff, file a motion to dismiss without prejudice, before the defendant is served?

Does an amended complaint start a need for new sequence of diligent service attempts (def. never appeared or served original) ?

Must (or ought) a Plaintiff, after approval of an amended complaint, provide a new series of diligent service attempts?