Law Office Of Paul DePetris
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Defend A Special Civil Collection Case Facts


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DEFENDING SPECIAL CIVIL DEBT COLLECTION LAWSUITS

WHAT IS A SPECIAL CIVIL DEBT COLLECTION CASE?
A Special Civil debt collection case is a New Jersey civil court case filed in the Special Civil Part – a branch of the New Jersey Superior Court. Special Civil debt collection cases involve New Jersey civil disputes for damages of $15,000.00 (but attorney’s fees and court costs or litigation costs may exceed the Special Civil damages limit of $15,000.00). In a Special Civil debt collection case, a person or business that claims they are owed a debt files a Special Civil lawsuit against the person or business that supposedly owes the debt at a New Jersey courthouse. The Special Civil debt collection lawsuit usually seeks the recovery of money damages from the person or business who allegedly owes the debt. The purpose of a Special Civil debt collection lawsuit is normally for the Special Civil plaintiffs – the persons or businesses filing the Special Civil lawsuit – to recover a money judgment against the Special Civil defendants identified in the Special Civil lawsuit (called a Special Civil “complaint”).

WHAT ARE SOME TYPES OF NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION LAWSUITS?
• 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

HOW DO I DEFEND A NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION LAWSUIT?
If you are sued in a New Jersey Special Civil Part debt collection case, you shall be named to a New Jersey Special Civil Part lawsuit called a Special Civil “complaint” or to a New Jersey Special Civil Part counterclaim and must file a written response to the New Jersey Special Civil Part complaint or Special Civil Part counterclaim, called a Special Civil “answer”. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a Special Civil money judgment entered against you and thereafter, possibly losing money or property. You may file a New Jersey Special Civil Part answer in civil court by preparing a written Special Civil answer disputing claims made against you in the New Jersey Special Civil Part complaint or Special Civil Part counterclaim and requesting that the New Jersey Special Civil Part dismiss the Special Civil case. If a Special Civil plaintiff or someone that isn’t named in the New Jersey Special Civil Part complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Special Civil Part complaint or facts related to the dispute, in addition to filing a New Jersey Special Civil Part answer, you may also be able to file a New Jersey Special Civil Part counterclaim or Special Civil third party complaint to recover the money or property (discussed below). Forms are often available at the appropriate New Jersey Special Civil Part court office and via the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each Special Civil 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 Special Civil Part complaints that result in the New Jersey Special Civil Part complaints or Special Civil answers to New Jersey Special Civil Part complaints being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after a Special Civil trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Special Civil Part complaints and Special Civil Part counterclaims. It is extremely important that you prepare your New Jersey Special Civil Part answer very carefully and make sure that you include in the Special Civil answer a detailed list of all defenses against the New Jersey Special Civil Part complaint or Special Civil Part counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey Special Civil Part debt collection case. Accordingly, when you are sued, you should seriously consider hiring a Special Civil trial attorney to prepare your response to the New Jersey Special Civil Part complaint or Special Civil Part counterclaim, to prepare written Special Civil requests for information to the Special Civil party that sued you (discussed further below) and if you can afford it, to have a Special Civil trial attorney represent you in Special Civil Court. After your New Jersey Special Civil Part answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Superior Court of New Jersey Court Finance Office in the county where the New Jersey Special Civil Part complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary Special Civil paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your New Jersey Special Civil Part answer that is determined based on the amount of the original dispute and the type of Special Civil trial you want and whether you intend to add parties to the Special Civil lawsuit (discussed below). Only persons age 18 or older are able to file a New Jersey Special Civil Part answer for themselves (minors must file a New Jersey Special Civil Part answer through their parent or guardian). If you are not represented by a Special Civil trial attorney in a Special Civil case, you are called a Special Civil “pro se litigant”. Most Special Civil complaints filed in New Jersey Special Civil Part that go to trial are not New Jersey Special Civil Part jury trials but what are called Special Civil “bench trials”, meaning that only a Special Civil judge hears the Special Civil case. For an extra fee paid only when you first file your first Special Civil complaint (or paid when you file your first Special Civil answer, if you are responding to the New Jersey Special Civil Part complaint), you may demand a Special Civil trial by 6 jurors in New Jersey Special Civil Part. In the Law Division, Civil Part, you merely file the appropriate jury request with no additional fee beyond the New Jersey Special Civil Part complaint filing fee necessary to secure a New Jersey Special Civil Part jury trial. New Jersey Special Civil Part jury trials are much more complex than Special Civil Part nonjury trials and usually require much more preparation, including extensive paperwork. However, a New Jersey Special Civil Part jury trial demand may result in the facts of your New Jersey Special Civil Part debt collection case being decided by a Special Civil jury of ordinary people rather than by a single Special Civil judge. Even where a party requests a New Jersey Special Civil Part jury trial, the legal issues in the New Jersey Special Civil Part debt collection trial are normally decided by the judge hearing the Special Civil case.

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

WHAT IF I AM SUED IN NEW JERSEY SPECIAL CIVIL PART BUT SOMEONE OWES ME MONEY BECAUSE OF THE SITUATION THAT IS THE SUBJECT OF THE NEW JERSEY SPECIAL CIVIL PART LAWSUIT FILED AGAINST ME?
If you are a Special Civil defendant and Special Civil plaintiff in a New Jersey Special Civil Part lawsuit or someone that isn’t named in the New Jersey Special Civil Part complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Special Civil Part complaint or facts related to the dispute, in addition to filing a New Jersey Special Civil Part answer, you may also be able to file a New Jersey Special Civil Part counterclaim or third party complaint to recover the money or property (discussed below). If there are valid facts and legal reasons to support it, a Special Civil defendant can file their own lawsuit against a Special Civil plaintiff, called a “Special Civil Part counterclaim If you are sued and someone who is not named in the New Jersey Special Civil lawsuit is partially or totally responsible for the Special Civil plaintiff’s damages or for damages you suffered and there are valid facts and legal reasons to support it, a Special Civil defendant can file their own complaint, called a “third party complaint”. By doing so, the Special Civil defendant names parties not originally named to the New Jersey Special Civil Part complaint as additional parties to the Special Civil case. Special Civil Part counterclaims and Special Civil 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 Special Civil Part answer to the original Special Civil complaint. In the Special Civil case of a Special Civil third party complaint, once properly filed, the Special Civil Part normally serves it on the Special Civil plaintiff. Forms may be available at the appropriate office of the Special Civil Part and via the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each Special Civil 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 Special Civil Part complaints or Special Civil Part counterclaims that result in the New Jersey Special Civil Part complaints or Special Civil answers to New Jersey Special Civil Part complaints or Special Civil Part counterclaims being rejected by the Special Civil Part or being dismissed by the Special Civil Part after filing and before or after the Special Civil trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Special Civil Part complaints and filing Special Civil Part counterclaims and Special Civil third party complaints. It is extremely important that you prepare your New Jersey Special Civil Part answer, Special Civil Part counterclaim or 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 Special Civil Part debt collection case, since failure to do so could cause you to lose your New Jersey Special Civil Part debt collection case. Accordingly, when you are sued and when you want to file a New Jersey Special Civil Part counterclaim or third party complaint, you should seriously consider hiring a Special Civil trial attorney to prepare your response to the New Jersey Special Civil Part complaint or Special Civil Part counterclaim, to prepare written Special Civil requests for information to the Special Civil party that sued you (discussed further below) and if you can afford it, to have a Special Civil trial attorney represent you in Special Civil Court. After your Special Civil Part counterclaim or 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 Special Civil Part 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 the document that is determined based on the amount of the original dispute and the type of Special Civil trial you want and it may also be based on whether you intend to add parties to the New Jersey Special Civil lawsuit.

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

IF I AM A SPECIAL CIVIL DEFENDANT IN A NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION LAWSUIT, WILL THE OTHER SIDE HAVE A SPECIAL CIVIL TRIAL ATTORNEY?
If you are not represented by a Special Civil trial attorney in a New Jersey Special Civil Part case, you are called a “pro se litigant”. While people can and often do represent themselves in New Jersey Special Civil Part court, their opponent may be represented by a Special Civil trial attorney, which often places the unrepresented party at a major disadvantage. If possible, hire a Special Civil trial attorney to at least prepare any necessary court paperwork and if you can afford it, to also appear and represent you in Special Civil Court at any Special Civil motions or Special Civil trials. The proper preparation of Special Civil legal papers and preparation of a Special Civil case for a Special Civil 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 special civil disputes that are heard by New Jersey courts, regardless of whether the people work for a Special Civil Court or work for a Special Civil trial attorney.

IF THE OTHER SIDE HIRES A SPECIAL CIVIL TRIAL ATTORNEY IN MY NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE, SHOULD I DEAL WITH THE ATTORNEY OR THEIR CLIENTS?
If a party is represented by a Special Civil trial attorney in a New Jersey Special Civil Part debt collection case, you must generally avoid having oral or written contact regarding the Special Civil case with the represented party and instead, must make all communications involving the Special Civil case through the represented party’s attorney.

WHAT HAPPENS AFTER A SPECIAL CIVIL DEBT COLLECTOR FILES A NEW JERSEY SPECIAL CIVIL PART COMPLAINT AGAINST ME?
After the New Jersey Special Civil Part complaint is filed, Special Civil court staff shall serve the New Jersey Special Civil Part complaint on the Special Civil defendants, usually by mailing it by certified and regular mail. The Special Civil defendant has 35 days following service of the New Jersey Special Civil Part complaint to file a New Jersey Special Civil Part answer. The Special Civil summons should state the date on which the New Jersey Special Civil Part complaint was served. In New Jersey Special Civil Part cases, if a Special Civil defendant fails to file a written Special Civil answer to the New Jersey Special Civil Part complaint, the Special Civil court clerk should automatically enter a Special Civil default on the Special Civil Part’s docket. The Special Civil Part normally mails the Special Civil plaintiff a notice stating the date on which cases are automatically defaulted (35 days after service of the answer). In Law Division, Civil Part, parties entitled to a Special Civil default must file papers with the New Jersey Special Civil Part to enter default. If a Special Civil defendant files a written answer and pays the necessary fee, the Special Civil Part normally sends a notice of that a New Jersey Special Civil Part answer was filed. Once a complaint and answer are filed in the Special Civil case, whenever one party sends any kind of paperwork to the New Jersey Special Civil Part, they must generally send complete copies of the paperwork to all other Special Civil parties involved in their Special Civil case (or if they are represented, to the Special Civil parties’ attorneys). If a party fails to follow this procedure, they may be punished by the New Jersey Special Civil Part for the failure and any relief they ask for and receive from the New Jersey Special Civil Part can often be reversed for the failure. The Special Civil parties may engage in discovery – a factfinding process during which each party tries to find out more about the other party’s position. Discovery often involves parties serving each other with written Special Civil 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 Special Civil Part by mailing the documents via regular and certified mail, return receipt requested (if the other party is unrepresented) on the other Special Civil parties or by regular mail only on the other Special Civil parties’ attorney, if they are represented by a Special Civil trial attorney. 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 party fails to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the Special Civil Part may punish the delinquent party, such as by throwing their complaint out of court or suppressing their answer. Many people trying to defend New Jersey Special Civil Part debt collection cases ignore discovery demands served on them and thereafter have their answer suppressed and a Special Civil money judgment entered against them. At some point after the New Jersey Special Civil Part complaint is filed and answered, the New Jersey Special Civil Part will schedule a Special Civil trial date. Failure to carefully prepare and serve thorough written Special Civil requests for information could result in your losing your New Jersey Special Civil Part debt collection case, since you may be in the dark about what the other Special Civil party intends to do at the New Jersey Special Civil Part trial. If a Special Civil case is coming up for arbitration and/or trial and you never received responses to your written Special Civil requests for information, you may have a right to get more time from the New Jersey Special Civil Part to get the requests answered. Special Civil discovery can be a very tricky and important part of the Special Civil case and to make sure that it is conducted right, you should seriously consider hiring a Special Civil trial attorney to prepare your written Special Civil requests for information to your Special Civil opponents or to other Special Civil parties involved in the Special Civil case or even to witnesses and if you can afford it, to have a Special Civil trial attorney represent you in Special Civil Court.

WHAT HAPPENS IF I AM DEFAULTED IN A NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE?
If a Special Civil defendant is defaulted by the New Jersey Special Civil Part in a New Jersey Special Civil Part debt collection case, then no Special Civil trial will occur (unless the New Jersey Special Civil Part vacates the Special Civil default) and the Special Civil plaintiff has a certain amount of time from the date of the entry of default to file additional paperwork with the New Jersey Special Civil Part to seek a Special Civil default judgment against a Special Civil defendant. In some Special Civil cases, securing a Special Civil default judgment only requires the Special Civil plaintiff to submit paperwork, while in other cases, the Special Civil plaintiff has to prepare and file a Special Civil motion and the Special Civil Part may require the Special Civil plaintiff and defendant to appear at a Special Civil Court hearing – a Special Civil “proof hearing”.

WHAT HAPPENS IF A NEW JERSEY SPECIAL CIVIL PART DEFAULT JUDGMENT IS ENTERED AGAINST YOU IN A NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE AND YOU IGNORE IT?
If you ignore a Special Civil judgment entered in a New Jersey Special Civil Part debt collection case, 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 Special Civil trial attorney 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 Special Civil judgment holder
• some of your wages may be taken from you
• your personal property may be seized by the New Jersey sheriff and sold to satisfy the Special Civil judgment
• a New Jersey lien may be put against a house you own
• If the New Jersey Special Civil Part complaint is for money damages caused by a motor vehicle accident and the Special Civil judgment requires a Special Civil defendant to pay $500 or more, the Special Civil defendant must pay within 60 days and if they do not, the Special Civil plaintiff may file papers asking the Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the Special Civil defendant's driving and registration privileges until that Special Civil 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 Special Civil debt collection efforts. It is not uncommon for the New Jersey Special Civil Part to refuse to help such latecomers from taking issue with the Special Civil debt collection efforts unless they file papers with the New Jersey Special Civil Part for relief. However, once a Special Civil judgment is entered against you in a New Jersey Special Civil Part debt collection case, you may ask the New Jersey Special Civil Part to remove or “vacate” the Special Civil judgment (discussed below).

DO I NEED AN EXPERT WITNESS TO DEFEND MY NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE?
Often to prove one’s New Jersey Special Civil Part lawsuit or to successfully defend against a New Jersey Special Civil Part lawsuit, it is necessary to hire an expert witness to prepare a proper expert report and to testify regarding another Special Civil 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 the New Jersey Special Civil Part trial to understand the evidence or to determine a fact in issue, a witness qualified as an 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, an 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 expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient expertise to offer the intended testimony. To meet the element of whether expert testimony is sufficiently reliable, the Special Civil party offering the expert testimony must demonstrate that the expert’s opinion or theory is generally accepted within the scientific community. An 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 an expert that are not supported by factual evidence are inadmissible. Likewise, expert conclusions based on discredited or improperly performed diagnostic tools are suspect. An expert's trial testimony is confined to the opinion reflected in his or her report. Many expert opinions are never admitted into evidence and experts are thereby prevented from testifying at the New Jersey Special Civil Part trial because the Special Civil Part finds the reports unreliable and/or inadequate. Therefore, simply hiring an 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 expert normally sends a copy of their report to the Special Civil party who hired the expert. If your New Jersey Special Civil Part debt collection case requires expert testimony and the matter goes all the way to trial, it shall be necessary to have the expert appear at and testify at same. The expert usually charges additional fees for the time during which they must appear at the New Jersey Special Civil Part trial but you may get the expert to include such services as part of the fee to perform inspections and to write reports. While there are some exceptions, normally, Special Civil courts do not allow people to show up at the New Jersey Special Civil Part trial to introduce into evidence estimates, expert reports and other documents that they never prepared and witnesses are often necessary to prove one’s Special Civil case, especially when it comes to the Special Civil party’s damages.

WHAT HAPPENS AT THE NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION TRIAL OF MY NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE?
On the day that your New Jersey Special Civil Part debt collection case goes to trial you must appear at court. Usually, many cases are heard on the day that your New Jersey Special Civil Part debt collection case is called for a Special Civil trial and it is not uncommon for many people to wait in a single courtroom for their Special Civil case to be called. You must be on time to avoid losing your New Jersey Special Civil Part debt collection case! If a Special Civil plaintiff fails to appear when their Special Civil case is called, the Special Civil Part is likely to dismiss the New Jersey Special Civil Part complaint. If a Special Civil defendant fails to appear when the Special Civil case is called, the New Jersey Special Civil Part shall likely enter a Special Civil default. If a Special Civil default is entered, you shall have to prepare and file Special Civil paperwork with the New Jersey Special Civil Part asking the New Jersey Special Civil Part to enter a Special Civil default judgment in your favor. If no default is entered, you must be prepared to present your New Jersey Special Civil Part debt collection case or defense. 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 Special Civil case. A Special Civil Court has the power to punish unprepared parties, such as by throwing their Special Civil case out of court or limiting what they can present at the New Jersey Special Civil Part trial. You must bring all documents, photographs, videos and other items with you to the New Jersey Special Civil Part debt collection trial that are necessary to prove your New Jersey Special Civil Part debt collection case (preferably originals). Even if you bring such documents and items to court, the New Jersey Special Civil Part may refuse to allow you to use them at your New Jersey Special Civil Part debt collection 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 Special Civil Part 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 Special Civil Part 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 party to use or refer to documents or items that the person themselves never prepared. Often Special Civil 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 judge tell the Special Civil 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 the New Jersey Special Civil Part 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 Special Civil Part trial, then in advance of the New Jersey Special Civil Part debt collection trial and as required by court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if the Special Civil case is adjourned). Such a Special Civil subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the Special Civil parties to the Special Civil case to testify as part of your New Jersey Special Civil Part debt collection case, since they might not show up at the New Jersey Special Civil Part debt collection 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 the New Jersey Special Civil Part trial, you should have a process server serve them with a Special Civil subpoena or if they are a party to the dispute, a notice in lieu of subpoena. Without witnesses to testify at the New Jersey Special Civil Part trial (especially experts, discussed above), you may lose your New Jersey Special Civil Part debt collection 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 a Special Civil trials to get adjourned because someone is not ready to present their Special Civil case for a valid reason (but you can never expect that you shall automatically get a Special Civil adjournment and you must always be fully ready to try your New Jersey Special Civil Part debt collection case on the date that the New Jersey Special Civil Part debt collection trial is scheduled since Special Civil courts often refuse Special Civil adjournment requests and dismiss Special Civil cases if Special Civil parties are not prepared to proceed with their Special Civil case or defense on the New Jersey Special Civil Part debt collection trial date). It is best to have your questions for any witnesses prepared in advance. At the end of Special Civil trial, the Special Civil Part normally enters a Special Civil 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 Special Civil parties’ last known addresses (or to their attorneys, if they are represented).

WHAT IS COURT MEDIATION IN NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASES?
In most cases heard in the New Jersey Special Civil Part, before the New Jersey Special Civil Part debt collection trial occurs the New Jersey Special Civil Part requires the Special Civil parties to mediate their dispute. New Jersey Special Civil Part mediation is an informal hearing normally held in a conference room. You and the other party and any attorneys involved in the Special Civil case appear at the New Jersey Special Civil Part mediation. The New Jersey Special Civil Part mediation is conducted by a neutral New Jersey Special Civil Part court appointed mediator. The New Jersey Special Civil Part Court mediator is trained in resolving disputes through the process of New Jersey Special Civil Part mediation. Accordingly, the New Jersey Special Civil Part Court mediator attempts to resolve the Special Civil case by suggesting a possible settlement to both parties. During the New Jersey Special Civil Part mediation, none of the Special Civil parties is required to settle the Special Civil case. Indeed, one or all of the Special Civil parties may not even make any offer to settle. Note that New Jersey Special Civil Part cases do not always undergo New Jersey Special Civil Part mediation. If the New Jersey Special Civil Part case cannot be settled before the New Jersey Special Civil Part trial and your New Jersey Special Civil Part debt collection case is called to be tried, you must be prepared to present your New Jersey Special Civil Part debt collection case or defenses.

IS IT POSSIBLE TO SETTLE MY NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE?
Special Civil parties may voluntarily agree to settle their New Jersey Special Civil Part debt collection case but preparing the proper settlement agreement requires great care. Normally, at any New Jersey Special Civil Part trial proceeding, the New Jersey Special Civil Part has settlement forms for the Special Civil parties to complete if they settle their New Jersey Special Civil Part debt collection case. However, neither New Jersey Special Civil Part court forms, websites nor advice from New Jersey Special Civil Part court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each New Jersey Special Civil Part debt collection 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 agreement? A Special Civil Court may refuse to enforce a New Jersey Special Civil Part settlement agreement if it is unclear what the Special Civil parties agreed to. Also, if a party fails to honor a New Jersey Special Civil Part settlement, you may have to return to New Jersey Special Civil Part court if you want to enforce the New Jersey Special Civil Part settlement, which normally requires you to file a Special Civil motion. If you can afford a Special Civil trial attorney, it is best to have the Special Civil attorney prepare the Special Civil settlement agreement so that they can try to make the other Special Civil parties agree to the best settlement terms for you. If you do settle your New Jersey Special Civil Part debt collection case yourself, you should notify the New Jersey Special Civil Part as soon as possible – with a phone call and then followed up in writing. If the New Jersey Special Civil Part debt collection case is settled before trial, you should make every effort to advise the New Jersey Special Civil Part of the Special Civil settlement before the New Jersey Special Civil Part trial occurs.

WHAT HAPPENS IF I GET A SPECIAL CIVIL JUDGMENT ON A COUNTERCLAIM IN MY NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE?
Once you get a Special Civil judgment on a counterclaim in a New Jersey Special Civil Part Debt Collection Case, you become a Special Civil 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 Special Civil Part judgment, Special Civil Part officers may be of assistance in taking steps to collect it, but they cannot provide legal advice. Normally, to collect on a Special Civil judgment, you need to know the whereabouts of the debtor’s assets and you need to fill out paperwork to direct the New Jersey Special Civil Part officer to try to recover the Special Civil judgment from those assets. The collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment. The New Jersey Special Civil Part often has forms available at the New Jersey Special Civil Part courthouse and on the worldwide web. However, neither court forms, websites nor advice from Special Civil court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil trial attorney, it is best to have the Special Civil attorney perform the steps necessary to collect any judgment.

WHAT IF A SPECIAL CIVIL DEFAULT AND/OR SPECIAL CIVIL DEFAULT JUDGMENT IS ENTERED AGAINST YOU IN A NEW JERSEY SPECIAL CIVIL PART DEBT COLLECTION CASE AND YOU STILL WANT A SPECIAL CIVIL TRIAL?
If a Special Civil default and/or Special Civil default judgment was entered against you, you may seek to remove it, called “vacating the Special Civil default” or “vacating the Special Civil default judgment”. To vacate either, you must normally prepare a written Special Civil motion and file the Special Civil motion with the Special Civil Part asking that the Special Civil default and/or Special Civil default judgment be vacated. The New Jersey Special Civil Part normally has forms available at the New Jersey Special Civil Part courthouse and on the worldwide web. However, neither court forms, websites nor advice from Special Civil court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil trial attorney, it is best to have the Special Civil attorney perform the steps necessary to prepare the proper Special Civil motion. If you ignore the Special Civil default, it may lead to the entry of a Special Civil judgment against you. If you ignore a Special Civil judgment, your bank account may be frozen and money in it turned over to the Special Civil judgment holder, some of your wages may be taken from you, your personal property may be seized by the New Jersey sheriff and sold to satisfy the Special Civil judgment and/or a lien may be put against a house you own. If the New Jersey Special Civil Part complaint is for money damages caused by a motor vehicle accident and the Special Civil judgment requires a Special Civil defendant to pay $500 or more, the Special Civil defendant must pay within 60 days and if they do not, the Special Civil plaintiff may file papers asking the Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the Special Civil defendant's driving and registration privileges until that Special Civil judgment is paid.

WHAT IF I LOSE MY NEW JERSEY SPECIAL CIVIL PART TRIAL OR THE NEW JERSEY SPECIAL CIVIL PART REFUSES TO VACATE A NEW JERSEY SPECIAL CIVIL PART DEFAULT JUDGMENT AND YOU STILL WANT A SPECIAL CIVIL TRIAL?
If you disagree with the New Jersey Special Civil Part trial court’s decision, such as if a Special Civil judgment is entered against you at the New Jersey Special Civil Part trial or your request to vacate a Special Civil default judgment is denied, you may ask the Special Civil Part to reconsider its decision. To do so, you must file papers with the Special Civil Part, called a Special Civil motion for reconsideration. In some Special Civil cases, the Special Civil motion for reconsideration must be made in 20 days from the date of the Special Civil court’s order that caused you to lose your New Jersey Special Civil Part debt collection case and/or which entered judgment against you. Special Civil motions for reconsideration must generally meet certain requirements. If you intend to file such a Special Civil motion, you should seriously consider consulting a New Jersey Special Civil trial attorney who is experienced in preparing such Special Civil motions.

If your Special Civil motion for reconsideration is unsuccessful or if you do not believe that a Special Civil motion for reconsideration shall be successful, as well as or instead of filing a Special Civil motion for reconsideration, you may appeal the Special Civil case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing Special Civil appeals. To appeal a final Special Civil judgment or final Special Civil order that resolves all issues in the Special Civil 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 – for example, Special Civil Part appeals are not heard by the Special Civil Part and you should not try to file appellate papers with the Special Civil Part! As part of your Special Civil appeal, you usually must also prepare a written court transcript request and order a Special Civil Court transcript from the appropriate Special Civil court that decided the matter against you and pay a fee for it. Special Civil appeals are some of the most complex proceedings in the New Jersey Special Civil Part system. The New Jersey Courts normally has forms available on the worldwide web. However, neither Special Civil court forms or New Jersey appellate court forms, websites nor advice from Special Civil court personnel or New Jersey appellate court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil trial attorney, it is best to have the Special Civil attorney perform the steps necessary to take an appeal. Special Civil appeals from Special Civil orders or Special Civil judgments that are not final are called Special Civil “interlocutory appeals” and the procedure for such appeals is somewhat different than those for Special Civil appeals from final Special Civil judgments or final Special Civil orders.

NEED HELP WITH YOUR NEW JERSEY CASE?
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. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL CASE MYSELF?
Many people can and do successfully handle New Jersey Special Civil cases, from filing the first paperwork to the collection of a New Jersey Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their New Jersey Special Civil cases or that result in the entry of a New Jersey Special Civil 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 Special Civil case. The following are reasons to use an attorney to handle part or all of your New Jersey Special Civil case:
• New Jersey Special Civil fees often change
• New Jersey Special Civil rules often change
• New Jersey Special Civil employees cannot give you “free” legal advice and a 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 Special Civil court forms available on websites may not cover every situation you may face in court
• each New Jersey Special Civil 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 Special Civil complaints that result in the New Jersey Special Civil complaints or answers to New Jersey Special Civil complaints being rejected by the New Jersey Special Civil or being dismissed by the New Jersey Special Civil 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 Special Civil case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil case out of court or limiting what they can present at the New Jersey Special Civil 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 Special Civil 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 Special Civil trial that the person themselves never prepared. Often parties stumble into New Jersey Special Civil 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 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 New Jersey Special Civil. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil 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 Special Civil expecting the judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Special Civil case. The judge hearing your New Jersey Special Civil 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 Special Civil case. Hiring an attorney to handle part or all of your New Jersey Special Civil case does not guarantee your success. However, it may provide what is needed to win your New Jersey Special Civil case or to avoid certain mistakes.

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

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

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

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY SPECIAL CIVIL CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Special Civil cases for an hourly fee, such as by offering to handle your New Jersey Special Civil case up to trial for a fixed fee or to help you handle your New Jersey Special Civil case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Special Civil case to a fixed sum, while providing you the help you need to handle your New Jersey Special Civil 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 at paul@newjerseylemon.com. 
 
 
 
 

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