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New Jersey Business Contract Lawsuit facts

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NEW JERSEY BUSINESS CONTRACT LAWSUITS

WHAT IS A NEW JERSEY BUSINESS CONTRACT LAWSUIT?
A New Jersey business contract lawsuit is a discontract between two or more New Jersey businesses, one or more of which may be a New Jersey business. It can be about any of the following:

• a New Jersey breach of an oral or written contract for the sale of goods or services entered into between New Jersey businesses

• New Jersey consumer fraud or New Jersey common law fraud committed by one New Jersey business against another New Jersey business involving the sale of goods or services

• allegations of unfair interference with a New Jersey business, such as where a New Jersey business uses unfair methods to compete with its competitor

• allegations of abuse of process or malicious prosecution, such as where one New Jersey business is owed money from another New Jersey business and files a criminal complaint against a president or other officer of the New Jersey business that owes the money

• efforts to enforce a New Jersey noncompete clause or New Jersey restrictive covenant that was entered into between New Jersey businesses or between a New Jersey business and one of its former employees or independent contractors.

• New Jersey collections of past due bills owed by one New Jersey business to another New Jersey business.

• New Jersey fraudulent transfers of money or property by a New Jersey business that seeks to avoid paying a New Jersey judgment entered against it.

• New Jersey franchise disputes, where a New Jersey franchise purchaser and the seller of the New Jersey franchise have a dispute about duties arising under the franchise contract.

• New Jersey disputes between New Jersey business partners or stockholders of a New Jersey business for control of the New Jersey business partnership or corporation or about decisions affecting the New Jersey business partnership or New Jersey business.

This article does not attempt to discuss relief available to New Jersey businesses in Chancery Division, General Equity Part.

CAN A NEW JERSEY CORPORATE OFFICER BE PERSONALLY RESPONSIBLE FOR CORPORATE MISCONDUCT?
In some situations, a New Jersey corporate officer may be held liable for the New Jersey corporation’s wrongdoing. This process of holding a New Jersey corporate officer liable for the New Jersey corporation’s conduct is called piercing the New Jersey corporate veil. A New Jersey corporation typically acts only through its agents. New Jersey generally adheres to the basic concept of a New Jersey corporation being an entity in New Jersey business contract law separate and apart from the person or persons who own its stock. The main reason for incorporation is the insulation of shareholders from the liabilities of the New Jersey corporate enterprise. Generally speaking, the New Jersey plaintiff or New Jersey defendant seeking to pierce the New Jersey corporate veil bears the burden of proving that the New Jersey court should disregard the New Jersey corporate entity and hold the New Jersey corporate officer personally liable. The sanction of piercing the New Jersey corporate veil is a severe one. For, New Jersey corporate veil piercing is an equitable remedy whereby the protections of corporate formation are lost. New Jersey corporate veil piercing is normally reserved for situations where it is necessary to remedy the fundamental unfairness that shall result from a failure to disregard the New Jersey corporate form. Generally speaking, while there are exceptions to the rule, unless there is a credible showing of fraud or injustice, courts will not pierce the New Jersey corporate veil to impose liability on the New Jersey corporate principals. Normally, New Jersey courts reserve the application of the New Jersey remedy of piercing the New Jersey corporate veil to situations where New Jersey corporate officers have a practical and realistic opportunity to avoid injurious consequences of corporate conduct in areas of public health and safety. Where the New Jersey dispute merely pertains to an alleged New Jersey breach of business contract between New Jersey businesses and where the New Jersey business lawsuitant has reason to know that they are dealing with a New Jersey corporate entity and where that corporation allegedly executes the New Jersey business contract that is the subject of a dispute between the New Jersey plaintiffs and New Jersey defendants, the New Jersey corporate veil should normally remain intact. In some New Jersey cases, a New Jersey corporate officer is not even required to come forward unbidden with information bearing on the New Jersey corporation’s ability to meet its obligations. If a New Jersey plaintiff or New Jersey defendant is concerned about a New Jersey corporation’s ability to meet its obligations, there are a variety of ways for the concerned New Jersey plaintiff or New Jersey defendant to try to protect itself other than holding a New Jersey corporate officer personally liable on the obligation. Reasons supporting a piercing of the New Jersey corporate veil might include evidence that the New Jersey corporation’s officers failed to observe corporate formalities, such as by using corporate funds only for their intended purpose, maintaining corporate records, filing annual reports, holding shareholders' meetings, paying dividends and employing officers and directors.

WHAT ARE THE REQUIREMENTS FOR AN ENFORCEABLE NEW JERSEY BUSINESS CONTRACT?
Since, a New Jersey breach of business contract is never presumed; rather, the burden of establishing a New Jersey breach of business contract rests with the New Jersey plaintiff or New Jersey defendant asserting the New Jersey breach. A New Jersey business contract is an exchange of promises and thus is the result of a “bargain,” an “exchange of equivalents.” An enforceable bilateral New Jersey business contract requires an offer, an acceptance, consideration and a meeting of the minds upon all the essential terms of the New Jersey business contract. To have a valid New Jersey business contract, there must be a meeting of the minds, as a New Jersey business contract does not come into being unless the New Jersey plaintiffs and New Jersey defendants agree to the same terms. Thus, an enforceable contract only results from the New Jersey plaintiffs’ and New Jersey defendants’ agreeing upon essential terms and manifesting an intention to be bound by those terms and where the New Jersey plaintiffs and New Jersey defendants do not agree to one or more essential terms, the New Jersey business contract may be unenforceable. Indeed, it is fundamental that the essential element to the valid consummation of a New Jersey business contract is a meeting of the minds of the New Jersey business contract New Jersey plaintiffs or New Jersey defendants. Thus, doubt or difference between the New Jersey plaintiffs and New Jersey defendants to an alleged contract is normally incompatible with the New Jersey business lawsuit that the New Jersey plaintiffs and New Jersey defendants contract to terms. If the contemplated contract is to be bilateral, the offeror and offeree alike must express contract as to every term of the New Jersey business contract. The offerror does this in the offer; the offeree must do it in his acceptance. When interpreting a New Jersey business contract, it is not the real intent that controls but rather the intent expressed or apparent in the writing. Further, normally it is not the New Jersey court’s role to make a new contract or to supply any material stipulations or conditions which contravene the New Jersey business contracts of the New Jersey plaintiffs and New Jersey defendants. The mere fact that a New Jersey business contract is somewhat harsh or unfair in its operation does not excuse the performance of same and the New Jersey court cannot create contractual obligations that are not based on the expressed intention of the New Jersey plaintiffs and New Jersey defendants. Indeed, the New Jersey court will not normally rewrite the New Jersey business contract to provide the protection which a New Jersey plaintiff or New Jersey defendant failed to obtain for themselves. Instead, the judicial function of the New Jersey court is normally to enforce the New Jersey business contract as it is written. Moreover, where the New Jersey plaintiffs and New Jersey defendants are experienced New Jersey businesspeople, courts generally should not tinker with a finely drawn and precise contract entered into by experienced New Jersey business people that regulates their financial affairs. Also, equitable relief is not normally available merely because enforcement of the New Jersey business contract causes hardship to one of the New Jersey plaintiffs and New Jersey defendants. Thus, if a New Jersey business contract contains ambiguous or doubtful terms, the New Jersey business contract is generally construed against its drafter. The interpretation of a New Jersey business contract is often a legal question for the New Jersey court rather than for a New Jersey jury.

WHAT IS THE NEW JERSEY IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING?
New Jersey business contract law implies a requirement that New Jersey businesses involved in a New Jersey business contract must act in good faith and deal fairly with the other New Jersey business in performing or enforcing the terms of the New Jersey business contract. This New Jersey implied contract is part of the New Jersey business contract, just as though the New Jersey business contract expressly states this good faith and fair dealing require¬ment. To act in good faith and deal fairly, New Jersey plaintiffs or New Jersey defendants must act honestly toward one another when performing or enforcing the New Jersey business contract. One New Jersey plaintiff or New Jersey defendant to the New Jersey business contract cannot do anything that will have the effect of destroying or injuring another New Jersey plaintiff or New Jersey defendant’s right to receive the fruits of the New Jersey business contract. However, if an enforceable contract never existed between the New Jersey plaintiffs and New Jersey defendants a claim for violation of the New Jersey noncompete contract or New Jersey noncompete clause of good faith and fair dealing, such a claim would normally fail. For, in the absence of a New Jersey business contract, there can be no breach of a New Jersey implied covenant of good faith and fair dealing.

ARE NEW JERSEY ORAL CONTRACTS ENFORCEABLE IN COURT?
An oral contract for goods or services between New Jersey businesses may be enforceable in court, especially if there is proof that the terms of the New Jersey business contract were sufficiently definite and that the New Jersey plaintiffs and New Jersey defendants agreed to be bound to the oral contract. While there does exist a statute of frauds in New Jersey that requires that certain contracts be in writing, in certain situations, it can be overcome.

WHAT IS A NEW JERSEY RESTRICTIVE COVENANT?
A New Jersey restrictive covenant is a provision in a New Jersey business contract that prohibits or limits a New Jersey plaintiff or New Jersey defendant from taking certain actions. Post employment New Jersey restrictive covenants and New Jersey noncompete contract or New Jersey noncompete clauses are not void per se in New Jersey.

ARE NEW JERSEY RESTRICTIVE COVENANTS AND NEW JERSEY NONCOMPETE CONTRACT OR NEW JERSEY NONCOMPETE CLAUSES ENFORECEABLE IN NEW JERSEY COURT?
The enforceability of New Jersey restrictive covenants depends in large part upon their reasonableness under the particular circumstances. New Jersey noncompete contract or New Jersey noncompete clauses are looked upon unfavorably by the New Jersey courts, as potential restraints on trade. To be enforceable, a New Jersey restrictive covenant must be reasonable under the circumstances in the New Jersey breach of business contract case before the New Jersey court. A New Jersey noncompete contract or New Jersey noncompete clause will be totally or partially enforced by New Jersey court to the extent reasonably necessary to protect the New Jersey employer’s legitimate interests if enforcement of the New Jersey noncompete contract or New Jersey noncompete clause will cause no undue hardship on the New Jersey employee and will not impair the public interest. The New Jersey Supreme Court set forth the following four pronged test for determining the reasonableness of New Jersey restrictive covenants (often referred to by commentators as a three pronged test insofar as they omit the first prong):
• The New Jersey employer has a protectable interest.
• The New Jersey noncompete contract or New Jersey noncompete clause must be no more restrictive than is necessary to protect the “legitimate interests of the New Jersey employer.
• The New Jersey noncompete contract or New Jersey noncompete clause must impose “no undue hardship on the employee.
• The New Jersey noncompete contract or New Jersey noncompete clause must not be “injurious to the public interest.”

To be enforceable, the New Jersey noncompete contract or New Jersey noncompete clause must generally meet all 4 of the aforesaid requirements. Moreover, the New Jersey court may seek evidence that the New Jersey noncompete contract or New Jersey noncompete clause is based on adequate consideration. Usually, the issue of whether the New Jersey noncompete contract or New Jersey noncompete clause is enforceable amounts to a fact sensitive test, since the validity and enforceability of a New Jersey business contract against competition is fact-sensitive and must be determined in light of the facts of the New Jersey breach of business contract case. In one case, the New Jersey court enforced a post-employment New Jersey restrictive covenant where the prohibition was reasonably necessary for the protection of the New Jersey business of the New Jersey employer, was not unreasonably restrictive in point of time or territory upon the rights of the employee and was not prejudicial to the public interests. Since, a New Jersey breach of business contract is never presumed; rather, the burden of establishing a New Jersey breach of business contract rests with the New Jersey plaintiff or New Jersey defendant asserting the New Jersey breach. In appropriate cases, a Chancery court shall intervene, providing injunctive relief to prevent the New Jersey breach of noncompete contract or New Jersey noncompete clauses and solicitation of an employer’s personnel and customers and shall enjoin a New Jersey employee for the use or disclosure of trade secrets or confidential information acquired from a former New Jersey employer. However, where there is no express New Jersey business contract between a New Jersey employer and New Jersey employee, absent a showing of fraud or breach of trust, the New Jersey court shall generally not enjoin a New Jersey employee, after termination of his employment, from honest competition with the former employer, even to the extent of soliciting the former employer’s customers. Indeed, unless a New Jersey employee is restrained by an enforceable New Jersey business contract not to compete, he or she usually may freely compete with a former New Jersey employer by accepting employment with a rival or by undertaking his or her own competing New Jersey business. In this regard, a New Jersey employee who is not otherwise bound by a New Jersey restrictive covenant may, after termination of employment, and in the absence of any breach of trust, compete honestly with his or her former employer. Accordingly, in such circumstances, neither the decision to compete nor the entering into competition is actionable. In addition, it is not the New Jersey court’s function to make a New Jersey business contract for the New Jersey plaintiffs and New Jersey defendants or to supply terms not previously agreed upon. The New Jersey court shall not normally relieve a New Jersey plaintiff or New Jersey defendant from the hardship they might have guarded against and thus, the New Jersey court shall enforce the New Jersey business contract which the New Jersey plaintiffs and New Jersey defendants themselves made. The New Jersey court will not generally rewrite the New Jersey business contract to provide the protection which a New Jersey plaintiff or New Jersey defendant failed to obtain for themselves. For, it is not the function of the New Jersey court to make a better contract for the New Jersey plaintiffs and New Jersey defendants or to supply terms not previously agreed upon. If a New Jersey business contract’s terms are clear, the New Jersey court must merely enforce them as written. Accordingly, where a New Jersey written contract is complete and unambiguous on its face, the New Jersey plaintiffs and New Jersey defendants are bound by the intentions they express in same. Moreover, where a New Jersey written contract contains ambiguous or doubtful terms, the New Jersey business contract is construed against its drafter.

Moreover, the common law New Jersey duty of loyalty does not itself necessarily preclude a New Jersey employee from making arrangements to commence new employment with a competitor. The key distinction between such arrangements and competition is usually that a New Jersey employee cannot directly compete with the current employer until after employment with that employee terminates. Whether a New Jersey employee's conduct constitutes unfair competition or was merely preparatory to new employment is a matter of degree and depends upon the facts and circumstances of the New Jersey breach of business contract case.

However, New Jersey Courts have held that the enforcement of New Jersey restrictive covenants does not depend on the existence of a New Jersey written contract of employment for such New Jersey business contracts need not be in writing but may be evidenced by conduct rather than words. A New Jersey business contract of employment may be express or implied. A New Jersey employment contract does not require formality. While assent to the offer of employment "must be manifested in order to be legally effective, it need not be expressed in words." The necessary assent may be expressed in words, or it may be "implied from conduct without words." One could however argue that, while the New Jersey plaintiffs’ and New Jersey defendants’ New Jersey employment contract itself need not be in writing, to satisfy the requirements of a valid New Jersey restrictive covenant, the New Jersey restrictive covenant itself must be in writing.

WHAT DAMAGES ARE AVAILABLE FOR A NEW JERSEY BREACH OF BUISINESS CONTRACT LAWSUIT?
Where a New Jersey plaintiff and a New Jersey defendant have made a New Jersey business contract, which one of them has broken, the damages which the other New Jersey plaintiff or New Jersey defendant ought to receive, in respect of such a New Jersey breach, should be such as may fairly be considered either arising naturally, i.e., according to the usual course of things, from such a New Jersey breach of business contract itself, or such as may reasonably be supposed to have been in the contemplation of both the New Jersey plaintiff and New Jersey defendant at the time they made the New Jersey business contract, as the probable result of the New Jersey breach of it. Contract damages are generally designed to put the injured New Jersey plaintiff or New Jersey defendant in as good a position as if the New Jersey business contract had been performed. For example, in a lease transaction, the lessee is generally entitled to recover the value of the lease term, which, in the absence of special circumstances, is the difference between the actual rental value and the rent reserved. A New Jersey plaintiff or New Jersey defendant is not generally chargeable for a New Jersey business contract loss that the New Jersey plaintiff or New Jersey defendant had no reason to foresee as a probable result of the alleged New Jersey breach when the New Jersey business contract was made. Further, the loss must be a reasonably certain consequence of the New Jersey breach.

CAN ONE NEW JERSEY BUSINESS FORCE ANOTHER NEW JERSEY BUSINESS TO PERFORM OBLIGATIONS UNDER A NEW JERSEY BUSINESS CONTRACT (NEW JERSEY SPECIFIC PERFORMANCE)?
New Jersey specific performance is an equitable remedy available to a New Jersey plaintiff or New Jersey defendant to a New Jersey lawsuit if they can establish that mere legal relief such as an award of damages would be insufficient to make the New Jersey business lawsuitant whole. Under the doctrine of New Jersey specific performance, the New Jersey court orders a New Jersey plaintiff or New Jersey defendant guilty of a New Jersey breach of business contract to, under the danger of court penalties, perform under the New Jersey business contract or if they already began to perform and stopped, to complete performance under the New Jersey business contract. To establish a right to the New Jersey remedy of New Jersey specific performance, a New Jersey business must demonstrate that the New Jersey business contract in question is valid and enforceable at law, that the terms of the New Jersey business contract are expressed in such fashion that the New Jersey court can determine, with reasonable certainty, the duties of a New Jersey plaintiff and a New Jersey defendant and the conditions under which performance is due and that an order compelling performance of the New Jersey business contract will not be harsh or oppressive. The right to New Jersey specific performance turns not only on whether the New Jersey business lawsuitant has demonstrated a right to legal relief but also whether the performance of the New Jersey business contract represents an equitable result. The New Jersey remedy of New Jersey specific performance is in the New Jersey court’s discretion to grant or deny. When New Jersey specific performance is sought, the New Jersey court is required to do more than merely determine whether the New Jersey business contract is valid and enforceable; the New Jersey court of equity must also appraise the respective conduct and situation of the New Jersey plaintiffs and New Jersey defendants, the clarity of the New Jersey business contract itself notwithstanding that it may be legally enforceable and the impact that an order of New Jersey specific performance could have (i.e., whether such an order is harsh or oppressive to the wrongdoer or whether a denial of New Jersey specific performance leaves the New Jersey business lawsuitant with an adequate remedy). In addition, the New Jersey plaintiff or New Jersey defendant seeking New Jersey specific performance must stand in conscientious relation to his adversary – that New Jersey plaintiff or New Jersey defendant’s conduct in the matter must have been fair, just and equitable rather than sharp or aiming at unfair advantage. Such weighing of equitable considerations must represent, in each New Jersey case, a conscious attempt on the New Jersey court’s part to render complete justice to both the New Jersey plaintiff and New Jersey defendant regarding their contractual relationship. The New Jersey court will often direct performance of such a New Jersey business contract because, when there is no excuse for the failure to perform, New Jersey business contract law of equity regards and treats as done what in good conscience ought to be done. However, New Jersey specific performance of a New Jersey business contract will not be awarded where the New Jersey business contract is incomplete, uncertain or too indefinite in its material terms to be specifically enforced in equity.

ARE NEW JERSEY BUSINESSES ABLE TO FILE NEW JERSEY CONSUMER FRAUD LAWSUITS?
In many but not all situations, New Jersey businesses are entitled to bring claims pursuant to the New Jersey Consumer Fraud Act (also known as the New Jersey Consumer Fraud Law). For, unlawful practices can victimize New Jersey businesses as surely as they can the individual consumer. Nothing in the New Jersey Consumer Fraud Act’s language specifically prevents New Jersey businesses from bringing Consumer Fraud Act claims. The New Jersey Consumer Fraud Act defines the term “merchandise” as any of the following:
1. Objects;
2. Wares;
3. Goods;
4. Commodities;
5. Services;
6. Anything offered, directly or indirectly to the public for sale;
7. Information services.
Further, the New Jersey Consumer Fraud Act defines the term “Person” to include a New Jersey business partnership, corporation, company, trust, New Jersey business entity or association. Moreover, under the New Jersey Consumer Fraud Act, a private consumer fraud claimant is defined as any person suffering any ascertainable loss of moneys or property as a result of any practice declared unlawful under the New Jersey Consumer Fraud Act. Moreover, New Jersey businesses frequently act as New Jersey consumers. Additionally, it is not unusual for New Jersey businesses to be victimized by a provider of services. The simple fact that a product is not something mass produced for sale to the general public and is not a product the average person would know how to use do not permit the seller to avoid consumer fraud liability. For, the New Jersey Consumer Fraud Act is expressly not limited to the sale of items for “personal, family, or household use.” Further, the New Jersey Consumer Fraud Act does not require that “the average person walking down the street” know how to use a product for it to be considered “merchandise” under the New Jersey Consumer Fraud Act. Examples of situations where New Jersey businesses successfully invoked the New Jersey Consumer Fraud Act include the following:
• a commercial purchased a gel coat applied to watercraft hulls.
• a commercial yacht purchaser.
• a commercial crane purchaser.
• A condominium developer that purchased prefabricated wall panels.
• a New Jersey corporate purchaser of computer peripherals.
• The renovation of a commercially owned, unoccupied, apartment and office building.
• a franchisee’s claim that its franchisor engaged in fraud relative to purchase of a franchise/distributorship offered in advertising addressed to the general public at large and that was not subject to the New Jersey Franchise Practices Act
• a commercial buyer of equipment that the seller did not actually own.

WHAT IS THE NEW JERSEY CONSUMER FRAUD ACT?
The New Jersey Consumer Fraud Act is a New Jersey law that regulates a very wide range of goods and services. The New Jersey Consumer Fraud Act was intended as a response to public harm resulting from deception, misrepresentation and unconscionable practices engaged in by professional sellers seeking mass distribution of many types of consumer goods. The New Jersey Consumer Fraud Act provides individuals and New Jersey businesses with the right to file a New Jersey lawsuit against those that cause actual harm by using deception, misrepresentation and unconscionable practices when selling certain goods or services. The New Jersey Consumer Fraud Act provides New Jersey consumers with a greater level of protection than do some other remedies for fraud. Under the New Jersey Consumer Fraud Act, the burden of proof is often easier to meet and potential damages are greater, as the New Jersey Consumer Fraud Act allows certain defrauded and injured individuals and New Jersey businesses to recover 3 times the amount of damages plus court costs and attorney's fees.

WHAT IS CONSIDERED “FRAUD” UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.

Generally speaking, the New Jersey Consumer Fraud Act creates three categories of prohibited acts:

1. Affirmative acts -- unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation.

2. Knowing omissions -- concealment, suppression or omission of any material fact.

3. Violations of certain sections of the New Jersey Consumer Fraud Act and of regulations adopted by the New Jersey Division of Consumer Affairs.

Under the New Jersey Consumer Fraud Act, mere proof of a subsection of the New Jersey Consumer Fraud Act or regulatory violation establishes unlawful conduct and thus, does not require separate proof of intent to evade or violate New Jersey business contract law.

WHAT DAMAGES ARE AVAILABLE TO A NEW JERSEY BUSINESS THAT IS A CONSUMER FRAUD VICTIM?
If a New Jersey business proves that another New Jersey business violated the New Jersey Consumer Fraud Act and that the New Jersey business suffered ascertainable loss due to the New Jersey consumer fraud, the victimized New Jersey business shall be entitled to potentially recover:
• an injunction to stop the New Jersey consumer fraud
• a refund of money or return of property lost as a result of the New Jersey consumer fraud
• cancellation of a New Jersey business contract that is the product of consumer fraud
• treble damages
• attorney’s fees
• litigation costs (i.e., lawsuit filing fees, postage, service fees, etc. but not expert fees).
In New Jersey business cases involving the New Jersey Consumer Fraud Act in the context of a New Jersey breach of business contract or misrepresentation, either out-of-pocket loss or a demonstration of loss in value shall generally be enough to meet the required proof of ascertainable loss

HOW DOES A NEW JERSEY BUSINESS FILE A NEW JERSEY LAWSUIT FOR RELIEF IN A NEW JERSEY BUSINESS DISPUTE?
A New Jersey business may file a New Jersey lawsuit – called a “complaint” in New Jersey by preparing a written complaint and filing it by either visiting the New Jersey courthouse or appropriate Court Finance Office in the county where you intend to file the New Jersey business contract lawsuit – all of which are located in the county seat of the appropriate New Jersey county -- or by sending the necessary New Jersey court paperwork to the appropriate New Jersey county courthouse. You must pay a fee to file your New Jersey business contract lawsuit that is sometimes determined based on the number of New Jersey plaintiffs or New Jersey defendants you are suing, the dollar amount of the New Jersey dispute and the type of New Jersey trial you want. The New Jersey court fees often change, so it is important that you check with the New Jersey court as to the appropriate fee when you are actually ready to file your New Jersey court papers. Only persons age 18 or older are able to file a New Jersey business contract lawsuit for themselves (minors must file a New Jersey lawsuit through their parent or guardian). There are specific rules about the proper county in which to file New Jersey business contract lawsuits, which depend on various considerations. Complaint forms are often available at the appropriate offices each county court and via the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. It is extremely important that you prepare your New Jersey business contract lawsuit very carefully and make sure that you include in the document a detailed list of all factual and legal reasons why you may have a right to win your New Jersey business dispute case, since failure to do so could cause you to lose your New Jersey business dispute case. It is very common for New Jersey plaintiffs and New Jersey defendants to file inadequate or incorrect complaints that result in the New Jersey business contract lawsuits or answers to complaints being rejected by the New Jersey court or being dismissed by the New Jersey court after filing and before or after trial because of procedural deficiencies.

WHAT IF MY NEW JERSEY BUSINESS IS SUED?
If your New Jersey business is sued in New Jersey court, your New Jersey business shall be named to a New Jersey business contract lawsuit or New Jersey counterclaim and must file a written response to the New Jersey business contract lawsuit or New Jersey counterclaim, called an “answer”. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you or your New Jersey business and thereafter, possibly losing money or property. You may file a New Jersey answer by preparing a written New Jersey answer disputing charges made against you or your New Jersey business in the New Jersey business contract lawsuit or New Jersey counterclaim and requesting that the New Jersey court dismiss the wrong charges. If the New Jersey plaintiff or someone that isn’t named in the New Jersey business contract lawsuit owes you money or property based on the same set of facts as those in dispute in the New Jersey business contract lawsuit or facts related to the New Jersey dispute, in addition to filing a New Jersey answer, you may also be able to file a New Jersey counterclaim or New Jersey third party complaint to recover the money or property (discussed below). Forms are often available at the appropriate New Jersey court offices and via the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. It is very common for New Jersey plaintiffs and New Jersey defendants to file inadequate or incorrect complaints that result in the New Jersey business contract lawsuits or answers to complaints being rejected by the New Jersey court or being dismissed after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and New Jersey counterclaims. It is extremely important that you prepare your New Jersey answer very carefully and make sure that you include in the New Jersey answer a detailed list of all defenses against the New Jersey business contract lawsuit or New Jersey counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey business dispute case. Accordingly, when your New Jersey business is sued, you should seriously consider hiring a New Jersey lawyer to prepare your response to the New Jersey business contract lawsuit or New Jersey counterclaim, to prepare written requests for information to the New Jersey plaintiff or New Jersey defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey lawyer represent you in court. After your New Jersey answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey business contract lawsuit was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary New Jersey court paperwork to the appropriate New Jersey court office. You must pay a fee to file your New Jersey answer that is sometimes determined based on the amount of the original dispute and the type of New Jersey trial you want and whether you intend to add New Jersey plaintiffs or New Jersey defendants to New Jersey business contract lawsuit (discussed below). Only persons age 18 or older are able to file a New Jersey answer for themselves (minors must file a New Jersey answer through their parent or guardian).
WHAT IF MY NEW JERSEY BUSINESS SUED BUT SOMEONE OWES MY NEW JERSEY BUSINESS MONEY BECAUSE OF THE SITUATION THAT IS THE SUBJECT OF THE NEW JERSEY BUSINESS CONTRACT LAWSUIT FILED AGAINST MY NEW JERSEY BUSINESS?
If your New Jersey business is a New Jersey defendant and plaintiff or someone that isn’t named in the New Jersey business contract lawsuit owes you money or property based on the same set of facts as those in dispute in the New Jersey business contract lawsuit or facts related to the New Jersey dispute, in addition to filing a New Jersey answer, you may also be able to file a New Jersey counterclaim or New Jersey third party complaint to recover the money or property (discussed below). If there are valid facts and legal reasons to support it, a New Jersey defendant can file their own lawsuit against a New Jersey plaintiff, called a “New Jersey counterclaim If your New Jersey business is sued and someone who is not named in New Jersey business contract lawsuit is partially or totally responsible for the New Jersey plaintiff’s damages or for damages you suffered and there are valid facts and legal reasons to support it, a New Jersey defendant can file their own complaint, called a “New Jersey third party complaint”. By doing so, the New Jersey defendant names New Jersey plaintiffs or New Jersey defendants not originally named to the New Jersey business contract lawsuit as additional New Jersey plaintiffs or New Jersey defendants to the New Jersey breach of business contract case. New Jersey counterclaims and New Jersey third party complaints must be prepared in writing and filed with the appropriate court where the original complaint is being heard normally require extra fees above the cost of filing a New Jersey answer to the original complaint. In the New Jersey breach of business contract case of a New Jersey third party complaint, once properly filed, the New Jersey court normally serves it on the New Jersey plaintiff. In New Jersey Law Division, Civil Part, you must have a process server serve the New Jersey business contract lawsuit. Forms may be available at the appropriate office of the New Jersey court and via the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. It is very common for New Jersey plaintiffs and New Jersey defendants to file inadequate or incorrect complaints or New Jersey counterclaims that result in the New Jersey business contract lawsuits or answers to complaints or New Jersey counterclaims being rejected by the New Jersey court or being dismissed by the New Jersey court after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and filing New Jersey counterclaims and New Jersey third party complaints. It is extremely important that you prepare your New Jersey answer, New Jersey counterclaim or New Jersey third party complaint carefully and make sure that you include in the documents a detailed list of all reasons why you may have a right to win your New Jersey business dispute case, since failure to do so could cause you to lose your New Jersey business dispute case. Accordingly, when your New Jersey business is sued and when you want to file a New Jersey counterclaim or New Jersey third party complaint, you should seriously consider hiring a New Jersey lawyer to prepare your response to the New Jersey business contract lawsuit or New Jersey counterclaim, to prepare written requests for information to the New Jersey plaintiff or New Jersey defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey lawyer represent you in court. After your New Jersey counterclaim or New Jersey third party complaint is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey business contract lawsuit was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary New Jersey court paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file the document that is determined based on the amount of the original dispute and the type of New Jersey trial you want and it may also be based on whether you intend to add New Jersey plaintiffs or New Jersey defendants to New Jersey business contract lawsuit. You must also decide whether to demand a New Jersey jury trial within a specific timeframe or waive the right.

WHAT IF MY NEW JERSEY BUSINESS FILED A NEW JERSEY BUSINESS CONTRACT LAWSUIT AND DEFENDANT FILED A NEW JERSEY COUNTERCLAIM AGAINST MY NEW JERSEY BUSINESS?
If there are valid facts and legal reasons to support it, a New Jersey defendant can file their own lawsuit against a New Jersey plaintiff, called a “New Jersey counterclaim”. If you are named to a New Jersey counterclaim, you must file a written New Jersey answer to the New Jersey counterclaim. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you or your New Jersey business and thereafter, possibly losing money or property. It is possible for plaintiffs to win on their complaint only to lose on a New Jersey defendant’s New Jersey counterclaim. You may file a New Jersey answer by preparing a written New Jersey answer disputing charges made against you or your New Jersey business in the New Jersey business contract lawsuit or New Jersey counterclaim and requesting that the New Jersey court dismiss the wrong charges. If the New Jersey plaintiff or someone that isn’t named in the New Jersey business contract lawsuit owes you money or property based on the same set of facts as those in dispute in the New Jersey business contract lawsuit or facts related to the New Jersey dispute, in addition to filing a New Jersey answer, you may also be able to file New Jersey third party complaint to recover the money or property (discussed above). Forms may be available at the appropriate office of the New Jersey court and via the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. It is very common for New Jersey plaintiffs and New Jersey defendants to file inadequate or incorrect complaints that result in the New Jersey business contract lawsuits or answers to complaints being rejected by the New Jersey court or being dismissed by the New Jersey court after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and New Jersey counterclaims. It is extremely important that you prepare your New Jersey answer very carefully and make sure that you include in the New Jersey answer a detailed list of all defenses against the New Jersey business contract lawsuit or New Jersey counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey business dispute case. Accordingly, when your New Jersey business is sued, you should seriously consider hiring a New Jersey lawyer to prepare your response to the New Jersey business contract lawsuit or New Jersey counterclaim, to prepare written requests for information to the New Jersey plaintiff or New Jersey defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey lawyer represent you in court. After your New Jersey answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey business contract lawsuit was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary New Jersey court paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your New Jersey answer that is determined based on the amount of the original dispute and the type of New Jersey trial you want and whether you intend to add New Jersey plaintiffs or New Jersey defendants to New Jersey business contract lawsuit (discussed below). Only persons age 18 or older are able to file a New Jersey answer for themselves (minors must file a New Jersey answer through their parent or guardian). Most New Jersey cases filed in New Jersey court that go to the New Jersey trial are nonjury trials, meaning that only a New Jersey judge hears the New Jersey breach of business contract case. For an extra fee paid only when you first file your first answer, you may demand a New Jersey trial by 6 jurors. In New Jersey Law Division, Civil Part, there is n no additional fee for a New Jersey jury trial but you must demand it within a certain time period or waive your right to a New Jersey jury. Jury trials are much more complex than nonjury trials and usually require much more preparation, including extensive New Jersey court paperwork. However, a New Jersey jury trial demand may result in the facts of your New Jersey business dispute case being decided by a New Jersey jury of ordinary people rather than by a single New Jersey judge. Even where a New Jersey plaintiff or New Jersey defendant requests a New Jersey jury trial, the legal issues in the New Jersey trial are normally decided by the New Jersey judge hearing the New Jersey breach of business contract case.

WHAT HAPPENS IF THE NEW JERSEY BUSINESS LAWSUIT INVOLVES A NEW JERSEY CORPORATION, NEW JERSEY BUSINESS PARTNERSHIP OR NEW JERSEY LIMITED LIABILITY COMPANY?
The officers of New Jersey corporations, New Jersey business partnerships, New Jersey limited liability companies and the like cannot generally appear in New Jersey court in New Jersey business cases involving disputes exceeding $3,000 since the New Jersey corporation, New Jersey business partnership or New Jersey limited liability company must usually be represented by a New Jersey lawyer. There may be some exceptions to this rule, such as where the New Jersey breach of business contract case involves a summary action for possession of premises. Also, if you sue a New Jersey company and the New Jersey company represents itself at the New Jersey trial and you thereafter win the New Jersey breach of business contract case and recover a New Jersey judgment, it is possible that the New Jersey company shall get the New Jersey judgment overturned because they were not permitted to appear in court for themselves in the first place! There are no such limitations imposed upon New Jersey sole proprietors.

IF MY NEW JERSEY BUSINESS A NEW JERSEY PLAINTIFF OR DEFENDANT IN A CIVIL CASE, WILL THE OTHER SIDE HAVE A NEW JERSEY LAWYER?
If you are not represented by a New Jersey lawyer in a New Jersey court case, you are called a “pro se litigant”. While people can and often do represent themselves in New Jersey court and occasionally represent themselves in New Jersey Law Division, Civil Part, their opponent may be represented by a New Jersey lawyer, which often places the unrepresented New Jersey plaintiff or New Jersey defendant at a major disadvantage. If possible, hire a New Jersey lawyer to at least prepare any necessary court New Jersey court paperwork and if you can afford it, to also appear and represent you in court at any motions or trials. The proper preparation of legal papers and preparation of a case for trial often requires knowledge of legal issues that only attorneys have. Court rules and evidence rules are often complex and accordingly, are often difficult to follow. Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. People who are not attorneys licensed to practice law in New Jersey are not able to give you legal advice about New Jersey disputes that are heard by New Jersey courts, regardless of whether the people work for the New Jersey court or work for a New Jersey lawyer.

IF THE OTHER SIDE HIRES A NEW JERSEY LAWYER, SHOULD I DEAL WITH THE NEW JERSEY LAWYER OR THEIR CLIENTS?
If a New Jersey plaintiff or New Jersey defendant is represented by a New Jersey lawyer in a New Jersey business lawsuit, you must generally avoid having oral or written contact regarding the New Jersey breach of business contract case with the represented New Jersey plaintiff or New Jersey defendant and instead, must make all communications involving the New Jersey breach of business contract case through the represented New Jersey plaintiff or New Jersey defendant’s attorney.

WHAT HAPPENS AFTER THE NEW JERSEY BUSINESS CONTRACT LAWSUIT IS FILED?
After the New Jersey business contract lawsuit is filed, a New Jersey plaintiff or third New Jersey plaintiff or New Jersey defendant plaintiff normally uses a process server to serve the New Jersey business contract lawsuits upon their adversaries. A New Jersey defendant has 35 days following service of a New Jersey business contract lawsuit to file a New Jersey answer. The summons should state the date on which the New Jersey business contract lawsuit was served. Once a New Jersey business contract lawsuit and answer are filed in the New Jersey breach of business contract case, whenever one New Jersey plaintiff or New Jersey defendant sends any kind of New Jersey court paperwork to the New Jersey court, they must generally send complete copies of the New Jersey court paperwork to all other New Jersey plaintiffs or New Jersey defendants involved in their case (or if they are represented, to the New Jersey plaintiffs’ and New Jersey defendants’ attorneys). If a New Jersey plaintiff or New Jersey defendant fails to follow this procedure, they may be punished by the New Jersey court for the failure and any relief they ask for and receive from the New Jersey court can often be reversed for the failure. The New Jersey plaintiffs and New Jersey defendants may engage in discovery – a factfinding process during which a New Jersey plaintiff and a New Jersey defendant tries to find out more about the other New Jersey plaintiff or New Jersey defendant’s position. Discovery often involves New Jersey plaintiffs or New Jersey defendants serving each other with written requests for information called interrogatories, notices to produce (sometimes also called requests for production of documents) and requests for admissions. These requests are served by you and not the New Jersey court by mailing the documents via regular and certified mail, return receipt requested (if the other New Jersey plaintiff or New Jersey defendant is unrepresented) on the other New Jersey plaintiffs or New Jersey defendants or by regular mail only on the other New Jersey plaintiffs or New Jersey defendants’ attorney, if they are represented by a New Jersey lawyer. However, it is often best to send all documents to any opponent by regular main and also by certified mail, return receipt requested to make sure you have proof that the documents were received by your opponent. If either New Jersey plaintiff or New Jersey defendant fails to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the New Jersey court may punish the delinquent New Jersey plaintiff or New Jersey defendant, such as by throwing their complaint out of court or suppressing their answer. At some point after the New Jersey business contract lawsuit is filed and answered, the New Jersey court sends the New Jersey plaintiffs and New Jersey defendants a notice stating the New Jersey trial date. Failure to carefully prepare and serve thorough written requests for information could result in your losing your New Jersey business dispute case, since you may be in the dark about what the other New Jersey plaintiff or New Jersey defendant intends to do at the New Jersey trial. If a case is coming up for trial and you never received responses to your written requests for information, you may have a right to get more time from the New Jersey court to get the requests answered. Discovery can be a very tricky and important part of the New Jersey breach of business contract case and to make sure that it is conducted right, you should seriously consider hiring a New Jersey lawyer to prepare your written requests for information to your opponents or to other New Jersey plaintiffs or New Jersey defendants involved in the New Jersey breach of business contract case or even to witnesses and if you can afford it, to have a New Jersey lawyer represent you in court.

WHAT HAPPENS IF DEFENDANT IS DEFAULTED?
If a New Jersey defendant is defaulted by the New Jersey court and if a New Jersey plaintiff files the necessary New Jersey court paperwork for a New Jersey default and it is entered, then no trial will occur (unless the New Jersey court vacates the default) and the New Jersey plaintiff has a certain number of months from the date of the entry of default to file additional New Jersey court paperwork with the New Jersey court to seek a New Jersey default judgment against a New Jersey defendant. In some New Jersey cases, securing a New Jersey default judgment only requires the New Jersey plaintiff to submit New Jersey court paperwork, while in other cases, the New Jersey plaintiff has to prepare and file a motion and the New Jersey court may require the New Jersey plaintiff and defendant to appear at the New Jersey court hearing – a “proof hearing”.

WHAT HAPPENS IF A NEW JERSEY DEFAULT JUDGMENT IS ENTERED AGAINST YOU OR YOUR NEW JERSEY BUSINESS AND YOU IGNORE IT?
If you ignore a New Jersey judgment, your bank account may be frozen and money in it turned over to the New Jersey judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the New Jersey judgment and/or a lien may be put against a house you own. Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late to do anything to successfully stop those New Jersey collection efforts. It is not uncommon to refuse to help such latecomers from taking issue with the New Jersey collection efforts unless they file New Jersey papers with the New Jersey court for relief. However, once a New Jersey judgment is entered against you or your New Jersey business, you may ask the New Jersey court to remove or “vacate” the New Jersey judgment (discussed below).

DO I NEED A NEW JERSEY EXPERT WITNESS TO PROVE MY NEW JERSEY CASE?
Often to prove one’s case or to successfully defend against a New Jersey business contract lawsuit, it is necessary to hire a New Jersey expert witness to prepare a proper New Jersey expert report and to testify regarding another New Jersey plaintiff or New Jersey defendant’s misconduct and the damages sustained as a result of the misconduct. If scientific, technical, or other specialized knowledge will assist the factfinder at the New Jersey trial to understand the evidence or to determine a fact in issue, a witness qualified as a New Jersey expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. To be considered by the New Jersey court, a New Jersey expert’s opinion must meet three basic requirements: (1) the intended testimony must concern a subject matter that is beyond the knowledge of the average juror; (2) the subject testified to must be at a state of the art such that a New Jersey expert’s testimony could be sufficiently reliable; and (3) the New Jersey witness must have sufficient expertise to offer the intended testimony. To meet the element of whether expert testimony is sufficiently reliable, the New Jersey plaintiff or New Jersey defendant offering the New Jersey expert witness testimony must demonstrate that the New Jersey expert witness’s opinion or theory is generally accepted within the scientific community. A New Jersey expert's opinion must be supported by facts or data either in the record or of a type usually relied upon by experts in the field. Bare conclusions of a New Jersey expert that are not supported by factual evidence are inadmissible. Likewise, expert conclusions based on discredited or improperly performed diagnostic tools are suspect. A New Jersey expert's trial testimony is confined to the opinion reflected in the New Jersey expert’s report. Many New Jersey expert opinions are never admitted into evidence and experts are thereby prevented from testifying at the New Jersey trial because the New Jersey court finds the New Jersey expert reports unreliable and/or inadequate. Therefore, simply hiring a New Jersey expert does not assure that you shall get their testimony into evidence. Professional experts usually charge a fee to inspect your property and write a report – sometimes they bill by the hour and sometimes via a flat fee arrangement linked to each service they are to perform. The New Jersey expert witness normally sends a copy of their report to the New Jersey plaintiff or New Jersey defendant who hired the New Jersey expert witness. If your New Jersey business dispute case requires expert testimony and the matter goes all the way to the New Jersey trial, it shall be necessary to have the New Jersey expert witness appear at and testify at same. The New Jersey expert witness usually charges additional fees for the time during which they must appear at the New Jersey trial but you may get the New Jersey expert witness to include such services as part of the fee to perform inspections and to write reports. While there are some exceptions, normally, New Jersey courts do not allow people to show up at the New Jersey trial to introduce into evidence estimates, expert reports and other documents that they never prepared and witnesses are often necessary to prove one’s case, especially when it comes to the New Jersey plaintiff or New Jersey defendant’s damages.

WHAT IS NEW JERSEY MEDIATION?
In some New Jersey cases, before the New Jersey trial occurs the New Jersey court requires the New Jersey plaintiffs and New Jersey defendants to mediate their dispute. New Jersey mediation is an informal hearing normally held in a conference room. You and the other New Jersey plaintiff or New Jersey defendant and any New Jersey attorneys involved in the New Jersey breach of business contract case appear at the New Jersey mediation. The New Jersey mediation is conducted by a neutral court appointed New Jersey mediator. The New Jersey mediator is trained in resolving disputes through the process of New Jersey mediation. Accordingly, the New Jersey mediator attempts to resolve the New Jersey breach of business contract case by suggesting a possible New Jersey settlement to both the New Jersey plaintiff and New Jersey defendant. During the New Jersey mediation, none of the New Jersey plaintiffs and New Jersey defendants is required to settle the New Jersey breach of business contract case. Indeed, one or all of the New Jersey plaintiffs and New Jersey defendants may not even make any offer to settle. Note that New Jersey cases do not always undergo New Jersey mediation. If the New Jersey breach of business contract case cannot be settled before trial and your New Jersey business dispute case is called to be tried, you must be prepared to present your New Jersey business dispute case or New Jersey business case defenses.

WHAT HAPPENS AT THE NEW JERSEY TRIAL?
On the day that your New Jersey business dispute case goes to the New Jersey trial you must appear at New Jersey court. Usually, many cases are heard on the day that your New Jersey business dispute case is called for trial and it is not uncommon for many people to wait in a single courtroom for their case to be called. You must be on time to avoid losing your New Jersey business dispute case! If a New Jersey plaintiff fails to appear when their case is called, the New Jersey court is likely to dismiss the New Jersey business contract lawsuit. If a New Jersey defendant fails to appear when the New Jersey breach of business contract case is called, the New Jersey court shall likely enter a New Jersey default. If a New Jersey default is entered, you shall have to prepare and file New Jersey court paperwork with the New Jersey court asking the New Jersey court to enter a New Jersey default judgment in your favor. If no default is entered, you must be prepared to present your New Jersey business dispute case or New Jersey business case defense. It is not uncommon for judges to get very frustrated by an unrepresented New Jersey plaintiff or New Jersey defendant’s lack of preparation or ignorance of the facts or law of the New Jersey breach of business contract case. The New Jersey court has the power to punish unprepared New Jersey plaintiffs or New Jersey defendants, such as by throwing their case out of court or limiting what they can present at the New Jersey trial. You must bring all documents, photographs, videos and other items with you to the New Jersey trial that are necessary to prove your New Jersey business dispute case (preferably originals). Even if you bring such documents and items to court, a New Jersey judge may refuse to allow you to use them at your trial. New Jersey has published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at the New Jersey trial. Accordingly, before trial, you must consult all of these rules to determine how you intend to get your documents and items into evidence or how to properly use them at the New Jersey trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before trial. For example, it is very common for courts to refuse to allow a New Jersey plaintiff or New Jersey defendant to use or refer to documents or items that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents. Without the proper preparation, items and documents may never be considered by the New Jersey court. Also, if there are any legal issues to be dealt with at the New Jersey trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases. If you have any witnesses that you need to testify for you at the New Jersey trial, then in advance of the New Jersey trial and as required by court rules, laws and published cases, you must prepare a written New Jersey trial subpoena (or New Jersey trial subpoenas if the New Jersey breach of business contract case is adjourned). Such a New Jersey trial subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the New Jersey plaintiffs and New Jersey defendants to the New Jersey breach of business contract case to testify as part of your New Jersey business dispute case, since they might not show up at the New Jersey trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of New Jersey trial subpoena. If you think that you could have problems getting someone to show up to provide testimony at the New Jersey trial, you should have a process server serve them with a New Jersey trial subpoena or if they are a New Jersey plaintiff or New Jersey defendant to the New Jersey dispute, a notice in lieu of New Jersey trial subpoena. Without witnesses to testify at the New Jersey trial (especially experts, discussed above), you may lose your New Jersey business dispute case. Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. Also, it is very common for trials to get adjourned because someone is not ready to present their case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your New Jersey business dispute case on the date that the New Jersey trial is scheduled since courts often refuse adjournment requests and dismiss cases if New Jersey plaintiffs or New Jersey defendants are not prepared to proceed with their case or New Jersey business case defense on the New Jersey trial date). It is best to have your questions for any witnesses prepared in advance. At the end of New Jersey trial, the New Jersey court normally enters a New Jersey judgment for or against you or your New Jersey business. The New Jersey court may also withhold or “reserve” judgment for a later date, which normally results in the New Jersey judge hearing the New Jersey breach of business contract case taking time to write up its reasons for its decision and mailing it to the New Jersey plaintiffs’ and New Jersey defendants’ last known addresses (or to their attorneys, if they are represented).

IS IT POSSIBLE TO SETTLE MY NEW JERSEY CASE?
New Jersey plaintiffs or New Jersey defendants may voluntarily agree to settle their case but preparing the proper New Jersey settlement contract requires great care. Normally, at any trial proceeding, the New Jersey court has New Jersey settlement forms for the New Jersey plaintiffs and New Jersey defendants to complete. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. For example, what if you don’t include protections to yourself in the New Jersey business contract? The New Jersey court may refuse to enforce a New Jersey settlement contract if it is unclear what the New Jersey plaintiffs and New Jersey defendants agreed to. Also, if a New Jersey plaintiff or New Jersey defendant fails to honor a New Jersey settlement, you may have to return to court if you want to enforce the New Jersey settlement, which normally requires you to file a motion. If you can afford a New Jersey lawyer, it is best to have the New Jersey lawyer prepare the New Jersey settlement contract so that they can try to make the other New Jersey plaintiffs or New Jersey defendants agree to the best New Jersey settlement terms for you. If you do settle your New Jersey business dispute case yourself, you should notify the New Jersey court as soon as possible – with a phone call and then followed up in writing. If the New Jersey breach of business contract case is settled before trial, you should make every effort to advise the New Jersey court before the New Jersey trial occurs.

WHAT HAPPENS IF I GET A NEW JERSEY JUDGMENT?
Once you get a New Jersey judgment, you become a New Jersey judgment creditor and you may decide to do nothing or more likely, you may decide to try to collect it. To collect a New Jersey court judgment, New Jersey court officers may be of assistance in taking steps to collect it, but they cannot provide legal advice. To collect a law division, civil part judgment, you must often use a sheriff. Normally, to collect on a New Jersey judgment, you need to know the whereabouts of the debtor’s assets and you need to fill out New Jersey court paperwork to direct the New Jersey court officer to try to recover the New Jersey judgment from those assets. The New Jersey collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment. The New Jersey court normally has forms available at the New Jersey courthouse and on the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey lawyer, it is best to have the New Jersey lawyer perform the steps necessary to collect any New Jersey judgment.

WHAT IF A NEW JERSEY DEFAULT AND/OR DEFAULT JUDGMENT IS ENTERED AGAINST YOU OR YOUR NEW JERSEY BUSINESS AND YOU STILL WANT A NEW JERSEY TRIAL?
If a New Jersey default and/or default judgment was entered against you or your New Jersey business, you may seek to remove it, called “vacating the default” or “vacating the default judgment”. To vacate either, you must normally prepare a written motion and file the motion with the New Jersey court asking that the default and/or default judgment be vacated. The New Jersey court normally has forms available at the New Jersey courthouse and on the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey lawyer, it is best to have the New Jersey lawyer perform the steps necessary to prepare the proper motion. If you ignore the default, it may lead to the entry of a New Jersey judgment against you or your New Jersey business. If you ignore a New Jersey judgment, your bank account may be frozen and money in it turned over to the New Jersey judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the New Jersey judgment and/or a lien may be put against a house you own.

TAKING NEW JERSEY APPEALS -- WHAT IF I LOSE MY TRIAL OR THE NEW JERSEY COURT REFUSES TO VACATE A NEW JERSEY DEFAULT JUDGMENT?
If you disagree with the New Jersey court's decision, such as a New Jersey judgment entered against you or your New Jersey business at the New Jersey trial or the denial of a motion to vacate a New Jersey default judgment, you may appeal the New Jersey breach of business contract case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey appeals. To appeal a final judgment that resolves all issues in the New Jersey breach of business contract case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – New Jersey appeals and Law Division, Civil Part New Jersey appeals are not heard by the New Jersey court and you should not try to file appellate papers with either of those courts! As part of your appeal, you usually must also prepare a written court transcript request and order the New Jersey court transcript from the appropriate court that decided the matter against you or your New Jersey business and pay a fee for it. New Jersey appeals are some of the most complex proceedings in the New Jersey court system. The New Jersey court normally has forms available on the worldwide web. However, neither New Jersey court forms, websites nor advice from New Jersey court personnel are good substitutes for a New Jersey lawyer’s legal services. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey lawyer, it is best to have the New Jersey lawyer perform the steps necessary to take an appeal. New Jersey appeals from orders or judgments that are not final are called “interlocutory New Jersey appeals” and the procedure for such New Jersey appeals is somewhat different than those for New Jersey appeals from final judgments or orders.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement contracts.
• enforced many New Jersey Court settlement contracts.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris. 
 
 

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