Law Office Of Paul DePetris
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New Jersey Law Division debt collection lawsuit defense facts

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Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey collection case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Do not rely upon the statutes, rules, codes, files or forms on this website for any purpose! Before taking any legal action, read all applicable federal and state source law and collection case law and consult with an attorney for changes. Addresses, hours of operation and directions may change so be sure to check with the court in advance of mailing documents to court or going to any court!!! Some of the webpages on this site do not apply to all types of New Jersey collection cases, since there are different rules for different collection case types!

DEFENDING NEW JERSEY LAW DIVISION COLLECTION COMPLAINTS

WHAT IS A NEW JERSEY COLLECTION CASE?
A New Jersey collection case is a New Jersey case where a company or person who claims they are owed money (creditor) files a lawsuit against a company or person (debtor) that the New Jersey creditor claims owes them money. The lawsuit may be filed in the Special Civil Part -- a subpart of the New Jersey court system where civil disputes involving a limited amount of money -- $15,000 or less – may be heard. A subsection of the Special Civil Part is the small claims section – where civil disputes involving $3,000 or less or in the New Jersey collection case of security deposit claims, $5,000 or less – may be heard. If for a greater sum of money than 15,000, the lawsuit is usually filed in the Superior Court of New Jersey, Law Division, Civil Part, where the New Jersey creditor can seek as much money as they claim they are rightfully due.

WHAT ARE SOME TYPES OF NEW JERSEY COLLECTION CASES?
• Bills for the sale of goods or services
• Bounced check disputes
• Condominium dues disputes
• Contract disputes
• Credit card bill disputes
• Defaults and deficiency balances on car loans and leases
• Medical bill disputes
• Security deposit disputes
• Unpaid rent disputes

WHAT IF I AM SUED IN A NEW JERSEY COLLECTION CASE?
If you are sued in a New Jersey collection case, you shall be named to a complaint or counterclaim and must file a written response to the complaint or 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 and thereafter, possibly losing money or property. You may file an answer in civil court by preparing a written answer disputing charges made against you in the complaint or counterclaim and requesting that the court dismiss the New Jersey collection case. If plaintiff or someone that isn’t named in the complaint owes you money or property based on the same set of facts as those in dispute in the complaint or facts related to the dispute, in addition to filing an answer, you may also be able to file a counterclaim or third party complaint to recover the money or property (discussed below). Forms are often available at the appropriate court office and via the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. It is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the court or being dismissed by the court after filing and before or after New Jersey trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and counterclaims. It is extremely important that you prepare your answer very carefully and make sure that you include in the answer a detailed list of all defenses against the complaint or counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey collection case. Accordingly, when you are sued, you should seriously consider hiring an attorney to prepare your response to the complaint or counterclaim, to prepare written requests for information to the party that sued you (discussed further below) and if you can afford it, to have an attorney represent you in court. After your 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 complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your 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 parties to the lawsuit (discussed below). Only persons age 18 or older are able to file an answer for themselves (minors must file an answer through their parent or guardian). If you are not represented by an attorney in a New Jersey case, you are called a “pro se litigant”.

HOW DO I KNOW IF I HAVE BEEN SUED IN NEW JERSEY LAW DIVISION?
If you are sued in a New Jersey Law Division collection case, you normally receive 2 documents from the New Jersey Court – a New Jersey Law Division summons which “New Jersey Law Division summons” you to New Jersey Court and which normally states how much you are being sued for and when you were served with the New Jersey Law Division summons and a New Jersey Law Division collection complaint which contains the allegations brought against you.

WHAT IS A NEW JERSEY LAW DIVISION ANSWER?
A New Jersey Law Division answer is a written response to a New Jersey Law Division collection complaint, also called a New Jersey Law Division Collection Lawsuit. The New Jersey Law Division answer must contain very specific information. Otherwise, certain allegations made in the New Jersey Law Division collection complaint will be considered admitted against the New Jersey Law Division plaintiff or the New Jersey Law Division defendant may be considered to have given up certain important New Jersey Law Division defenses to the New Jersey Law Division collection complaint.

IF I RECEIVED NEW JERSEY LAW DIVISION SUMMONS AND LAW DIVISION COLLECTION COMPLAINT, WHAT SHOULD I DO?
If you are named as a New Jersey defendant to a New Jersey Law Division Collection Lawsuit or New Jersey counterclaim, you must file a written response to the New Jersey Law Division collection complaint 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 New Jersey Law Division money judgment entered against you and thereafter, possibly losing money or property. You may file an answer New Jersey Law Division by preparing a written answer disputing charges made against you in the New Jersey Law Division collection complaint or New Jersey counterclaim and requesting that the New Jersey Law Division dismiss the wrong charges. If plaintiff or someone that isn’t named in the New Jersey Law Division collection complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Law Division collection complaint or facts related to the dispute, in addition to filing an answer, you may also be able to file a counterclaim or third New Jersey plaintiff or New Jersey New Jersey defendant collection complaint to recover the money or property (discussed below). New Jersey Court forms are available at the appropriate office of the New Jersey Law Division and via the worldwide web. However, neither New Jersey Court New Jersey Court forms, websites nor advice from New Jersey Court personnel are good substitutes for a New Jersey attorney’s legal services. Each New Jersey Law Division collection case has its own particular legal issues and therefore, its own challenges. It is very common for people to file inadequate or incorrect New Jersey Law Division collection complaints that result in the New Jersey Law Division collection complaints or answers to New Jersey Law Division collection complaints being rejected by the New Jersey Law Division or being dismissed by the New Jersey Law Division after filing and before or after New Jersey trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Law Division collection complaints and counterclaims. It is extremely important that you prepare your New Jersey Law Division answer very carefully and make sure that you include in the New Jersey Law Division answer a detailed list of all New Jersey Law Division defenses against the New Jersey Law Division collection complaint or New Jersey counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey Law Division collection case. Accordingly, when you are sued, you should seriously consider hiring a New Jersey attorney to prepare your response to the New Jersey Law Division collection complaint or New Jersey counterclaim, to prepare written requests for information to the New Jersey plaintiff or New Jersey New Jersey defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey attorney represent you in New Jersey Court. After your New Jersey Law Division answer is prepared, you must file it by either visiting the New Jersey Superior New Jersey Courthouse or appropriate New Jersey Court Finance Office in the New Jersey county where the New Jersey Law Division collection complaint was filed – all of which are located in the New Jersey county seat of the appropriate New Jersey county -- or by sending the necessary New Jersey Court paperwork to the appropriate county office of the Superior New Jersey Court of New Jersey. You must pay a fee to file your New Jersey Law Division answer. Only persons age 18 or older are able to file an answer for themselves (minors must file an answer through their parent or guardian). If you are not represented by a New Jersey attorney in a New Jersey Law Division collection case, you are called a “pro se litigant”. If you want to have your New Jersey Law Division collection case tried by a New Jersey jury instead of by a judge only, you must file a request for a New Jersey jury New Jersey trial in a specific time frame or give up that right. Jury New Jersey trials are much more complex than New Jersey nonjury New Jersey trials and usually require much more preparation, including extensive New Jersey Court paperwork. However, a New Jersey Law Division jury New Jersey trial demand may result in the facts of your New Jersey Law Division collection case being decided by a New Jersey jury of ordinary people rather than by a single judge. Even where a New Jersey plaintiff or New Jersey New Jersey defendant requests a New Jersey Law Division jury New Jersey trial, the legal issues in the New Jersey Law Division New Jersey trial are normally decided by the New Jersey judge hearing the New Jersey Law Division collection case.

WHAT IS A NEW JERSEY LAW DIVISION SUMMONS?
A New Jersey Law Division summons actually “summons” you to answer the New Jersey Law Division collection complaint – the New Jersey Law Division summons warns you that you are being sued in the New Jersey Law Division.

DO I ANSWER THE NEW JERSEY LAW DIVISION SUMMONS?
A New Jersey Law Division defendant does not answer a New Jersey Law Division summons. Instead a New Jersey Law Division defendant only needs to answer the New Jersey Law Division collection complaint by timely filing a written New Jersey Law Division answer to the New Jersey Law Division collection complaint and by paying the necessary New Jersey Law Division answer filing fee.

HOW LONG DOES A NEW JERSEY DEFENDANT HAVE TO ANSWER NEW JERSEY LAW DIVISION COLLECTION COMPLAINT?
The New Jersey defendant has 35 days following service of the New Jersey Law Division collection complaint to file an answer. The New Jersey Law Division summons should state the date on which the New Jersey Law Division collection complaint was served.

WHAT IF I WAS SERVED WITH NEW JERSEY LAW DIVISION SUMMONS AND LAW DIVISION COLLECTION COMPLAINT AND I DON’T FILE NEW JERSEY LAW DIVISION ANSWER?
If New Jersey defendant fails to file a written answer to the New Jersey Law Division collection complaint, the New Jersey Law Division plaintiff may ask the New Jersey Law Division clerk to enter a New Jersey Law Division default on the New Jersey Law Division’s docket. Thereafter, the New Jersey Law Division plaintiff has a certain amount of time months from the date of the entry of default to file additional New Jersey Court paperwork with the New Jersey Law Division to seek a New Jersey Law Division default judgment against a New Jersey Law Division New Jersey defendant. In some collection cases, securing a New Jersey Law Division default judgment only requires the New Jersey Law Division plaintiff to submit New Jersey Court paperwork, while in other collection cases, the New Jersey Law Division plaintiff has to prepare and file a motion and the New Jersey Law Division may require the New Jersey Law Division plaintiff and New Jersey defendant to appear at a New Jersey Court hearing – a “proof hearing”.

WHAT HAPPENS IF A NEW JERSEY LAW DIVISION DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU IGNORE IT?
If you ignore a New Jersey Law Division judgment, your bank account may be frozen and money in it turned over to the 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 judgment and/or a lien may be put against a house you own. If the New Jersey Law Division collection complaint is for money damages caused by a motor vehicle accident and the judgment requires a New Jersey Law Division New Jersey defendant to pay $500 or more, the New Jersey defendant must pay within 60 days and if they do not, the New Jersey Law Division plaintiff may file papers asking the New Jersey Law Division to direct the New Jersey Motor Vehicle Commission to stop the New Jersey defendant's driving and registration privileges until that judgment is paid. 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 collection efforts. It is not uncommon to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with the New Jersey Law Division New Jersey Court for relief. However, once a New Jersey Law Division judgment is entered against you, you may ask the New Jersey Law Division New Jersey Court to remove or “vacate” the judgment (discussed below).

WHAT IF I AM SUED BUT SOMEONE OWES ME MONEY BECAUSE OF THE SITUATION THAT IS THE SUBJECT OF THE NEW JERSEY LAW DIVISION COLLECTION LAWSUIT FILED AGAINST ME?
If you are a New Jersey Law Division New Jersey defendant and the New Jersey Law Division plaintiff or someone that isn’t named in the New Jersey Law Division collection complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Law Division collection complaint or facts related to the dispute, in addition to filing an answer, you may also be able to file a counterclaim or third New Jersey plaintiff or New Jersey New Jersey defendant collection complaint to recover the money or property (discussed below). If there are valid facts and legal reasons to support it, a New Jersey Law Division New Jersey defendant can file their own lawsuit against a New Jersey Law Division plaintiff, called a “counterclaim If you are sued and someone who is not named in the lawsuit is partially or totally responsible for the New Jersey Law Division plaintiff’s damages or for damages you suffered and there are valid facts and legal reasons to support it, a New Jersey Law Division New Jersey defendant can file their own collection complaint, called a “third New Jersey plaintiff or New Jersey New Jersey defendant collection complaint”. By doing so, the New Jersey defendant names New Jersey plaintiffs and new Jersey New Jersey defendants not originally named to the New Jersey Law Division collection complaint as additional New Jersey plaintiffs and new Jersey New Jersey defendants to the New Jersey Law Division collection case. New Jersey Law Division counterclaims and third New Jersey plaintiff or New Jersey New Jersey defendant collection complaints must be prepared in writing and filed with the appropriate New Jersey Law Division New Jersey Court where the original New Jersey Law Division collection complaint is being heard normally require extra fees above the cost of filing an answer to the original New Jersey Law Division collection complaint. In the New Jersey Law Division collection case of a third New Jersey plaintiff or New Jersey New Jersey defendant collection complaint, once properly filed, the New Jersey Law Division normally serves it on the New Jersey Law Division plaintiff. New Jersey Court forms may be available at the appropriate office of the New Jersey Law Division and via the worldwide web. However, neither New Jersey Court New Jersey Court forms, websites nor advice from New Jersey Court personnel are good substitutes for a New Jersey attorney’s legal services. Each New Jersey Law Division collection case has its own particular legal issues and therefore, its own challenges. It is very common for people to file inadequate or incorrect New Jersey Law Division collection complaints or New Jersey counterclaims that result in the New Jersey Law Division collection complaints or answers to New Jersey Law Division collection complaints or New Jersey counterclaims being rejected by the New Jersey Law Division or being dismissed by the New Jersey Law Division after filing and before or after New Jersey trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Law Division collection complaints and filing counterclaims and third New Jersey plaintiff or New Jersey New Jersey defendant collection complaints. It is extremely important that you prepare your New Jersey Law Division answer, counterclaim or third New Jersey plaintiff or New Jersey New Jersey defendant collection 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 Law Division collection case, since failure to do so could cause you to lose your New Jersey Law Division collection case. Accordingly, when you are sued and when you want to file a counterclaim or third New Jersey plaintiff or New Jersey New Jersey defendant collection complaint, you should seriously consider hiring a New Jersey attorney to prepare your response to the New Jersey Law Division collection complaint or New Jersey counterclaim, to prepare written requests for information to the New Jersey plaintiff or New Jersey New Jersey defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey attorney represent you in New Jersey Court. After your New Jersey Law Division counterclaim or third New Jersey plaintiff or New Jersey New Jersey defendant collection complaint is prepared, you must file it by either visiting the New Jersey Superior New Jersey Courthouse or appropriate New Jersey Court Finance Office in the New Jersey county where the New Jersey Law Division collection complaint was filed – all of which are located in the New Jersey county seat of the appropriate county -- or by sending the necessary New Jersey Court paperwork to the appropriate county office of the Superior New Jersey 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 and new Jersey New Jersey defendants to the lawsuit.

WHAT HAPPENS IF THE NEW JERSEY LAW DIVISION CLAIM INVOLVES A CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY?
The officers of corporations, partnerships, limited liability companies and the like cannot generally appear New Jersey Law Division in collection cases involving disputes exceeding $3,000 since the corporation, partnership or limited liability company must usually be represented by a New Jersey attorney. There may be some exceptions to this rule, such as where the New Jersey Law Division collection case involves a summary action for possession of premises. Also, if you sue a company and the company represents itself at the New Jersey Law Division New Jersey trial and you thereafter win the New Jersey Law Division collection case and recover a New Jersey Law Division judgment, it is possible that the company shall get the judgment overturned because they were not permitted to appear in New Jersey Court for themselves in the first place!

SHOULD I TRY TO PREPARE A NEW JERSEY LAW DIVISION ANSWER TO A NEW JERSEY LAW DIVISION COLLECTION COMPLAINT BY MYSELF?
Answering New Jersey Law Division collection complaint without the assistance of a New Jersey attorney could seriously affect your New Jersey Law Division defense of the Law Division collection case. What you say in your Law Division answer may be used against you. Also, failure to answer each allegation properly may result in claims being considered proven against you. Also, if you fail to raise each and every New Jersey Law Division defense in your Law Division answer, you may give up the right to argue those New Jersey Law Division defenses at your Law Division New Jersey trial.

WHAT HAPPENS IF A NEW JERSEY COLLECTION CASE DEFENDANT IS DEFAULTED?
If a New Jersey default is entered against a New Jersey collection defendant, then no New Jersey trial will occur (unless the New Jersey court vacates the New Jersey default) and the New Jersey collection plaintiff has a certain amount of time months from the date of the entry of New Jersey default to file additional paperwork with the New Jersey court to seek a New Jersey New Jersey default judgment against a New Jersey defendant. In some cases, securing a New Jersey New Jersey default judgment only requires the New Jersey collection plaintiff to submit paperwork, while in other cases, the New Jersey collection plaintiff has to prepare and file a motion and the special civil part may require the New Jersey collection plaintiff and defendant to appear at a court hearing – a “proof hearing”.

WHAT HAPPENS IF A NEW JERSEY NEW JERSEY DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU IGNORE IT?
If you ignore a judgment, depending on which court in which the New Jersey court judgment is filed, the following may happen to you:

• you may be forced to answer detailed questions about the location and value of your savings, personal property and bank accounts
• you may be forced to appear for a deposition (a question and answer session conducted under oath) during which a New Jersey lawyer will ask you questions about the location and value of your savings, personal property and bank accounts
• your bank account may be frozen and money in it turned over to the New Jersey court 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 court judgment
• a lien may be put against a house you own.
• If the complaint is for money damages caused by a motor vehicle accident and the New Jersey court judgment requires a New Jersey defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the New Jersey collection plaintiff may file papers asking the special civil part to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.

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 collection efforts. It is not uncommon for the New Jersey court to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with the New Jersey court for relief. However, once a judgment is entered against you, you may ask the New Jersey court to remove or “vacate” the New Jersey court judgment (discussed below).


WHAT HAPPENS AT A NEW JERSEY COLLECTION CASE ARBITRATION?
Many New Jersey collection cases are scheduled to be arbitrated. The New Jersey arbitration is an informal hearing conducted in a conference room during which you shall be present along with your attorney if you are represented. Depending on whether you decide to schedule and hire your New Jersey expert or schedule other witnesses to be present, they may also be present, as well as any New Jersey experts or witnesses for the defense. Arbitrators are neutral attorneys appointed by the New Jersey court to conduct a hearing regarding the facts and law of the New Jersey collection case and to make a decision based on same. At the New Jersey arbitration, you will be called upon to give testimony regarding the facts of your New Jersey collection case. If you schedule and pay your New Jersey expert to be present or if you have other witnesses present, the arbitrator may permit them to also provide testimony regarding your New Jersey collection case and be subject to cross examination. Your opponent will have an opportunity to cross examine you and your witnesses in an effort to challenge your allegations. If they do this, they shall seek to destroy your New Jersey collection case or your defenses. If your deposition was taken the opponent may use the testimony from your deposition to find fault with your New Jersey collection case. After your testimony, if your opponent has a New Jersey expert witness or other type of witness (warranty representative, dealership service manager or service technician), defense counsel shall call them to testify regarding their allegation that the vehicle is not defective and that they lived up to the terms of the warranties covering the vehicle. Your New Jersey attorney who is at the hearing shall have an opportunity to cross examine the New Jersey plaintiff’s witnesses, if any. Based on the testimony provided by the witnesses and the legal arguments made by the parties or if represented, by their attorneys, the arbitrator shall render a decision for one or more of the parties – someone shall win and someone shall lose. The arbitrator prepares a written decision and provides a copy to each party. If any party is unhappy with the arbitrator’s decision, they have 30 days from the date of the decision to reject the award by requesting a New Jersey trial and by paying a fee. If the decision is rejected, the New Jersey court then sets a date for the New Jersey collection case to go to New Jersey trial. If no one rejects it, the New Jersey arbitration decision, the winner files papers with the New Jersey court to confirm the New Jersey arbitration results, which generally then becomes a final judgment, resolving the New Jersey collection case forever.

WHAT HAPPENS AT A NEW JERSEY COLLECTION CASE TRIAL?
On the day that your New Jersey collection case goes to New Jersey trial you must appear at the New Jersey court. Usually, many cases are heard on the day that your New Jersey collection case is called for New Jersey 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 collection case! If a New Jersey plaintiff fails to appear when their case is called, the special civil part is likely to dismiss the complaint. If a New Jersey defendant fails to appear when the New Jersey collection 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 paperwork with the New Jersey court asking the New Jersey court to enter a New Jersey New Jersey default judgment in your favor. If no New Jersey default is entered, you must be prepared to present your New Jersey collection case or defense. It is not uncommon for New Jersey judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey collection case. A court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at 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 collection case (preferably originals). Even if you bring such documents and items to court, the New Jersey court may refuse to allow you to use them at your New Jersey 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 New Jersey trial. Accordingly, before New Jersey 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 New Jersey trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before New Jersey trial. For example, it is very common for New Jersey courts to refuse to allow a party to use or refer to documents or items that the person themselves never prepared. Often parties stumble into 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 parties 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 special civil part. Also, if there are any legal issues to be dealt with at 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 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 subpoena (or subpoenas if the New Jersey collection case is adjourned). Such a subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the parties to the New Jersey collection case to testify as part of your New Jersey collection 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 subpoena. If you think that you could have problems getting someone to show up to provide testimony at New Jersey trial, you should have a process server serve them with a subpoena or if they are a party to the dispute, a notice in lieu of subpoena. Without witnesses to testify at New Jersey trial (especially New Jersey experts, discussed above), you may lose your New Jersey collection case. New Jersey 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 New Jersey 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 collection case on the date that the New Jersey trial is scheduled since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their case or 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 special civil part normally enters a judgment for or against you. The special civil part may also withhold or “reserve” judgment for a later date, which normally results in the special civil part taking time to write up its reasons for its decision and mailing it to the parties’ last known addresses (or to their attorneys, if they are represented). Often to prove one’s case or to successfully defend against a complaint, it is necessary to hire an New Jersey expert witness to prepare a proper New Jersey expert report and to testify regarding another party’s misconduct and the damages sustained as a result of the misconduct. If scientific, technical, or other specialized knowledge will assist the factfinder at New Jersey trial to understand the evidence or to determine a fact in issue, a witness qualified as an 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 special civil part, 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 an New Jersey expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient New Jersey expertise to offer the intended testimony.

IS IT POSSIBLE TO SETTLE MY NEW JERSEY COURT CASE?
New Jersey plaintiffs or New Jersey defendants may voluntarily agree to settle their New Jersey Court case but preparing the proper New Jersey Court settlement agreement requires great care. Normally, at any New Jersey Court trial proceeding, the New Jersey Court has New Jersey Court settlement forms for the New Jersey plaintiffs or New Jersey defendants to complete if they settle their New Jersey Court case. However, neither New Jersey Court forms, websites nor advice from New Jersey Court personnel are good substitutes for a competent New Jersey attorney’s legal services. Each New Jersey Court 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 agreement? A New Jersey Court may refuse to enforce a New Jersey Court settlement agreement if it is unclear what the New Jersey plaintiffs or New Jersey defendants agreed to.

WHAT HAPPENS IF I SETTLE MY NEW JERSEY CASE?
If you can afford a New Jersey attorney, it is best to have the New Jersey attorney prepare the New Jersey Court settlement agreement so that they can try to make the other New Jersey plaintiffs or New Jersey defendants agree to the best settlement terms for you. If you do settle your New Jersey Court 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 Court case is settled before trial, you should make every effort to advise the New Jersey Court of the New Jersey Court settlement before the New Jersey Court trial occurs. New Jersey plaintiffs or New Jersey defendants who settle their New Jersey Court case often enter into a written agreement called a “stipulation of settlement” that states the terms of the settlement and usually explains that the New Jersey Court case is being dismissed as part of the New Jersey Court settlement.

NEED HELP WITH YOUR NEW JERSEY COLLECTION CASE?
Handling your New Jersey collection 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 collection case. Not all New Jersey collection 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 collection 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 collection case. Let the Law Office of Paul DePetris help you with your New Jersey collection 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 collection 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 collection 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 collection case. Each New Jersey collection 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 COLLECTION CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey collection 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 collection 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 collection case. The following are reasons to use an attorney to handle part or all of your New Jersey collection 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 collection 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 collection complaints that result in the New Jersey Court collection complaints or answers to New Jersey Court collection 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 collection case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey collection case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published collection 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 collection cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey collection case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey collection case. The judge hearing your New Jersey collection 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 collection case. Hiring an attorney to handle part or all of your New Jersey collection case does not guarantee your success. However, it may provide what is needed to win your New Jersey collection case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY COLLECTION CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey collection 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 collection cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• 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 collection complaints
• tried New Jersey Court jury trials
• mediated many New Jersey collection 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 COLLECTION CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims collection cases in North, Central and Southern New Jersey, including collection 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 COLLECTION CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey collection cases for an hourly fee, such as by offering to handle your New Jersey collection case up to trial for a fixed fee or to help you handle your New Jersey collection case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey collection case to a fixed sum, while providing you the help you need to handle your New Jersey collection 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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