Law Office Of Paul DePetris
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New Jersey Frivolous Lawsuit Facts

New Jersey Frivolous Lawsuit Facts

Read below to learn more about this topic.

Or, 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.

Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey 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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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 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 cases, since there are different rules for different case types!

NEW JERSEY FRIVOLOUS LAWSUITS

WHAT IS A NEW JEREY FRIVOLOUS LAWSUIT?
A New Jersey frivolous lawsuit is a New Jersey lawsuit that violates the New Jersey frivolous litigation law. For example, a New Jersey lawsuit filed with a New Jersey Court may violate the New Jersey frivolous litigation law if: (1) the New Jersey frivolous complaint, New Jersey frivolous counterclaim or New Jersey frivolous cross-claim was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or (1) the nonprevailing New Jersey plaintiff or New Jersey defendant filing the New Jersey frivolous complaint, New Jersey frivolous counterclaim or New Jersey frivolous cross-claim knew, or should have known, that the complaint, New Jersey frivolous counterclaim or New Jersey frivolous cross-claim was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. A New Jersey court may impose penalties for the filing of New Jersey frivolous lawsuits, including monetary penalties, legal fees and court costs.

WHO IS RESPONSIBLE FOR FILING NEW JERSEY FRIVOLOUS LAWSUITS UNDER THE NEW JERSEY FRIVOLOUS LITIGATION LAW?
Under the New Jersey frivolous litigation law, a New Jersey plaintiff or New Jersey defendant may be responsible for having their New Jersey attorney file the New Jersey frivolous lawsuit. Under the New Jersey frivolous litigation law, even a New Jersey pro se party may be held personally responsible for filing a New Jersey frivolous lawsuit.

HOW DO I QUALIFY FOR A NEW JERSEY FRIVOLOUS LAWSUIT AWARD?
Under the New Jersey frivolous litigation law, before seeking a New Jersey frivolous lawsuit award, the New Jersey plaintiff or New Jersey defendant seeking a New Jersey frivolous lawsuit award must serve on the New Jersey plaintiff or New Jersey defendant with a very detailed written notice and demand pursuant to R. 1:5-2 to the New Jersey attorney or New Jersey pro se party who signed or filed the New Jersey frivolous lawsuit objected to. The New Jersey certification to the New Jersey motion for a frivolous lawsuit award shall have annexed a copy of that New Jersey frivolous lawsuit notice and New Jersey frivolous lawsuit demand, which shall (i) state that the New Jersey frivolous lawsuit is believed to violate the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a demand that the New Jersey frivolous lawsuit be withdrawn, and (iv) give notice, except as otherwise provided in the New Jersey frivolous court rule, that a New Jersey motion for a New Jersey frivolous lawsuit award will be made within a reasonable time thereafter if the offending New Jersey frivolous lawsuit is not withdrawn within 28 days of service of the written New Jersey frivolous lawsuit demand. The New Jersey certification to the New Jersey motion for a frivolous lawsuit award shall also certify that the New Jersey frivolous lawsuit objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written New Jersey frivolous lawsuit notice and New Jersey frivolous lawsuit demand. If the New Jersey frivolous lawsuit objected to has been withdrawn or corrected within 28 days of service of the New Jersey frivolous lawsuit notice and New Jersey frivolous lawsuit demand or within such other time period as provided by the New Jersey Court, the New Jersey plaintiff or New Jersey defendant seeking a New Jersey frivolous lawsuit award shall not be able to seek a New Jersey frivolous lawsuit award.

WHAT DO I GET IF I PROVE THAT MY OPPONENT VIOLATED THE NEW JERSEY FRIVOLOUS LITIGATION LAW
Under the New Jersey frivolous litigation law, a New Jersey frivolous lawsuit award imposed for violation of the New Jersey frivolous court rule shall be limited to a sum sufficient to deter repetition of such conduct. The New Jersey frivolous lawsuit award may consist of (1) a New Jersey court order to pay a penalty into the New Jersey court, or (2) a New Jersey order directing payment to New Jersey plaintiff or New Jersey defendant filing the New Jersey motion for a frivolous lawsuit award of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation, or both. Among the factors to be considered by the New Jersey court in imposing a New Jersey frivolous lawsuit award under (2) is the timeliness of New Jersey plaintiff or New Jersey defendant filing the New Jersey frivolous lawsuit's filing. In the order imposing sanctions, the New Jersey court shall describe the conduct determined to be a violation of the New Jersey frivolous court rule and explain the basis for the sanction imposed.

IF A NEW JERSEY COURT FINDS THAT A NEW JERSEY LAWSUIT WAS FRIVOLOUS, HOW DO I RECOVER PENALTIES AND/OR MY ATTORNEY’S FEES AND COSTS?
Under the New Jersey frivolous litigation law, a New Jersey motion for a frivolous lawsuit award shall be by New Jersey motion made separately from other New Jersey motions and shall describe the specific frivolous conduct alleged to have violated the New Jersey frivolous court rule. A New Jersey frivolous lawsuit award motion shall be filed unless it includes a New Jersey certification that the New Jersey plaintiff or New Jersey defendant filing the New Jersey frivolous lawsuit served written notice and demand pursuant to R. 1:5-2 to the New Jersey attorney or New Jersey pro se party who signed or filed the New Jersey frivolous lawsuit objected to. The New Jersey certification to the New Jersey motion for a frivolous lawsuit award shall have annexed a copy of that New Jersey frivolous notice and New Jersey frivolous demand, which shall (i) state that the New Jersey frivolous lawsuit is believed to violate the provisions of the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a New Jersey frivolous demand that the New Jersey frivolous lawsuit be withdrawn, and (iv) give notice, except as otherwise provided herein, that a New Jersey motion for a frivolous lawsuit award will be made within a reasonable time thereafter if the offending New Jersey frivolous lawsuit is not withdrawn within 28 days of service of the written New Jersey frivolous demand. If, however, the New Jersey frivolous lawsuit is a New Jersey motion whose return date precedes the expiration of the 28-day period, the New Jersey frivolous lawsuit demand shall give New Jersey plaintiff or New Jersey defendant filing the New Jersey frivolous lawsuit the option of either consenting to an adjournment of the return date of the New Jersey frivolous lawsuit or waiving the balance of the 28-day period then remaining. A New Jersey plaintiff or New Jersey defendant filing a New Jersey frivolous lawsuit who does not request an adjournment of the return date as provided herein shall be deemed to have elected the waiver. The New Jersey certification to the New Jersey motion for a frivolous lawsuit award shall also certify that the New Jersey frivolous lawsuit objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written notice and demand. No motion shall be filed if the New Jersey frivolous lawsuit objected to has been withdrawn or corrected within 28 days of service of the notice and demand or within such other time period as provided in the New Jersey frivolous court rule.

A New Jersey plaintiff or New Jersey defendant seeking a New Jersey frivolous lawsuit award under the New Jersey frivolous court rule shall file a New Jersey motion for a frivolous lawsuit award to the New Jersey court which heard the matter. The New Jersey motion for a frivolous lawsuit award shall be supported by a New Jersey affidavit stating in detail:
• The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the New Jersey attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and
• How much has been paid to the New Jersey attorney and what provision, if any, has been made for the payment of these New Jersey attorney’s fees in the future.

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

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

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

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

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

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



 
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