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| Below are answers to the most commonly asked questions. If you have a more specific question or issue, enter your information to the right for a FREE case assessment. You can also visit our Law Guru page to see our responses to various questions in the areas of Business, Traffic law, Medical Malpractice, and more. |
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- 1. Someone owes me money. How do I sue them?
- 2. I’m considering divorce. Can you recommend a book or article that would give me more insight into the process?
- 3. What is probate and can it be avoided?
- 4. I’m interested in starting a new business. I heard that there are a number of options available other than incorporating. How do I know which will work best for my business?
- 5. I was injured in a car accident. I am unable to work, have no medical insurance, and can not afford an attorney. Please help.
- 6. I am seeking a divorce from my spouse and need interim spousal and child support while the complaint is pending. How do I request this from the Court?
- 7. I entered a contract to buy a piece of property. I’ve changed my mind. How do I get out of this contract?
8. Where can I find commonly used forms?
9. Am I eligible for a no-point traffic ticket in New Jersey?
10. What is the deadline for filing a property tax appeal in New Jersey?
11. Do New Jersey MVA points transfer to Pennsylvania or New York licenses?
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| 1. Someone owes me money. How do I sue them? |
In any jurisdiction the answer to this question will depend on the amount that is owed to you.
In New Jersey, if your claim is for less than $3,000 a complaint would need to be filed in the Superior Court Small Claims Part. If your claim falls between $3,000 and $15,000 a complaint can be filed in the Superior Court Special Civil Part. Finally, if your claim exceeds $15,000 a complaint should be filed in the Superior Court Law Division.
In New York, if your claim is for less than $5,000 you can sue in Small Claims Court. If your claim is for less than $3,000 you have the additional option of filing in a City, Town or Village Court. If your claim falls between $5,000 and $15,000 you will need to file a complaint in City Court or District Court. If your claim falls between $15,000 and $25,000 and you live in New York City, you will need to file in Civil Court, if you are outside NYC, you will need to file in County Court. Finally, if your claim exceeds $25,000 you must file in the Supreme Court.
In Pennsylvania, if your claim is less than $8,000 a complaint can be filed in District Court. If it is over $8,000 and less than $50,000 you can file a complaint in the Court of Common Pleas in your county. In Philadelphia, if the claim is up to $10,000 it can be filed in Municipal Court. Any claim over $10,000, but less than $50,000 should be filed in the Court of Common Pleas.
It is always advisable that you contact an attorney to assist you when filing a complaint. Our attorneys are familiar with the potential claims you may be have and what rights you may be unaware that you have. We can review your claim, assess damages owed to you and will know what information should be included in a complaint. |
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| 2. I’m considering divorce. Can you recommend a book or article that would give me more insight into the process? |
Our web site offers an assortment of articles on almost every legal topic out there! On our Law Links page click on Practice Area Sites and you will be linked to a number of sources on family law, bankruptcy, business law, immigration, estate planning and administration, workers compensation and personal injury.
However, while an article may lay out the basic information, no article can substitute the advice of an attorney. Each divorce, like any case, is unique to the parties involved. We offer free consultations and during that initial meeting we can discuss the process with you and any issues or considerations that are particular to your situation. |
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| 3. What is probate and can it be avoided? |
Upon your death, your Will is admitted to the Surrogates Court. Your property is gathered and inventoried, your debts are paid, and everything left over is divided among your heirs. While your personal representative is responsible for "probating" your Will, the process is generally controlled by the court and probate attorneys. This can be avoided by careful planning.
Our attorneys are experienced in both estate planning and estate administration, and have knowledge of federal and state tax laws. If you are at the planning stage, you may want to meet with one of our attorneys to discuss techniques available to avoid probate, as well as, some of the taxes implicated at your death. If you are at the administration stage, you may want to contact us to assist you with probating the estate, as well as, filing any state or federal tax forms that are required to be filed. |
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| 4. I’m interested in starting a new business. I heard that there are a number of options available other than incorporating. How do I know which will work best for my business? |
There are a number of options. You can decide to form as a corporation, a partnership, or a limited liability company. Deciding which is right for your business requires analysis of the liability protections and tax treatment you want, the employee benefits you will offer, the types of owners you'll have, your business practices and a host of other considerations. The following table can provide some guidance on these considerations. Click here to view table.
However, it is advisable that you consult with an attorney when making this decision. Our attorneys can advise you on liability, tax and other considerations to keep in mind and guide you to choose the right entity for your business. Our attorneys are further equipped to not only advise you on entity selection, but to assist you through the process of forming your new business, obtaining financing, drafting employment and vendor contracts, and reviewing leases. Visit our Real Estate, Business, and Government Affairs page to learn more about the services we can offer to you and your business. |
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| 5. I was injured in a car accident. I am unable to work, have no medical insurance, and can not afford an attorney. Please help. |
Every case is unique and for this reason you should consult with an attorney to assess your personal damages. Losses from medical bills, decreased earning potential, and many other problems can pile up. An attorney with experience representing personal injury victims and negotiating with insurance companies can analyze your case and determine fair compensation for your losses. Fortunately, most attorneys, such as our office, accept personal injury cases on a contingency basis. This means, we don’t get paid* unless you get paid. If you have been injured in a car accident, please do not hesitate to give us a call for a FREE consultation.
* You are responsible for out of pocket expenses. |
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| 6. I am seeking a divorce from my spouse and need interim spousal and child support while the complaint is pending. How do I request this from the Court? |
Any relief sought while your divorce is pending must be requested in the form of a Motion for Pendente Lite Relief. This is for any matters involving custody, support, property related issues, fees and discovery. When you file this motion, it must be accompanied by a completed Case Information Statement (CIS), a proposed form of Order, a Certification (your statement), and a Notice of Motion. You should refer to Civil Rule 5:7-2 for further information.
However, some of these documents, such as the CIS may be overly cumbersome and will only add frustration to your already difficult situation. If your spouse has failed to pay child or spousal support during this time you may be entitled to attorney’s fees. You should consult with an attorney to learn more about your rights. Please feel free to contact our office for a FREE consultation. |
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| 7. I entered a contract to buy a piece of property. I've changed my mind. How do I get out of this contract? |
Generally, your contract will contain an attorney review clause. This clause will give you three business days after the contract is signed to review it with your attorney. If your attorney disapproves of any part of the contract, the contract is broken until the other party agrees to the changes or a compromise is negotiated. After that three day period there may be other ways to get out of the contract, but this will depend on the terms of your contract. You should speak with an attorney who can review the contract and advise you on your options.
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| 8. Where can I find commonly used forms? |
Commonly used forms can be found right here on our website. Check out our Legal Links section for various sites offering legal forms.
Check out the New Jersey Judiciary website for New Jersey forms (for Municipal Court forms, click here, or for the Property Tax Appeal form, click here).
Check out the New York Unified Court System website for New York forms.
Check out the Pennsylvania Unified Judicial System website for Pennsylvania forms (for Philadelphia Court forms, click here).
If you are looking for a form sent to you from our office, see the options below.
Elder Law Forms:
If you are looking for our Estate Planning Questionnaire, click here.
Family Law Forms:
If you are looking for the Family Part Case Information Statement, click here.
Litigation Forms:
If you are looking for instructions and definitions for Interrogatories sent to you, click here.
Personal Injury Forms:
If you are looking for our Medical Authorization form, click here.
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| 9. Am I eligible for a no-point traffic ticket in New Jersey? |
If you receive a ticket for certain traffic violations in New Jersey, you may be able to enter into a plea arrangement for a lesser charge carrying no points. This is dependent upon the violation and your driver history. If you are interested in the no-point ticket, give us a call to see if you qualify.
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| 10. What is the deadline for filing a property tax appeal in New Jersey? |
Property tax appeals shuold be filed with the your county Board of Taxation by April 1st.
For general information on New Jersey local property taxes, click here.
For New Jersey local property tax forms, click here.
For view specific county information, click here.
For the Ocean County Board of Taxation, click here.
For the Monmouth County Board of Taxation, click here.
For the Board of Taxation of any other County, click here.
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| 11. Do New Jersey MVA points transfer to Pennsylvania or New York licenses? |
New Jersey points do not transfer to Pennsylvania or New York licenses. However, both Pennsylvania and New York points will transfer to a New Jersey license.
For more information on Pennsylvania points, click here.
For more information on New York points, click here.
For more inforamtion on New Jersey points, click here.
For information on the point system in other states, click here.
For information regarding the transfer of motor vehicle points from other states to your New Jersey license, click here.
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