Collection matters and Commercial Litigation
Contractual disputes, whether between two businesses or between a business and a consumer are filed in the Superior Court, Civil Part.
DEADLINES to file and respond to lawsuits:
To FILE SUIT:
- Stemming from a debt or other contractual matter: 6 years from the date of default or breach of contract.
- Stemming from malpractice (medical or other professional): 2 years from the date of malpractice.
- Wrongful Death and negligence: 2 years.
TO file an ANSWER to a lawsuit:
- 35 days from the date of service. (Beware: proper service does not always have to be by Sheriff or other process server. Certified and even regular mail can constitute good service depending upon other factors).
To VACATE a JUDGMENT:
- Up to one year for excusable neglect.
- Unlimited for lack of personal jurisdiction.
- Motion to Vacate default should always be done as soon as possible.
** All of the above are subject to exceptions. You should immediately seek legal advice if you have a question in regard to time limitations. This is not a complete list of statute of limitations.
I handle collection matters, contract disputes, and commercial matters for BOTH plaintiffs and defendants.
If you are being sued, or you expect to be sued, please contact me for a free consultation. I will advise you of your rights and if I can suggest more than one option as to how to handle the matter (what is a good strategy to reduce what is owed?) or how to present a defense (has the person or company suing you complied with the laws protecting consumers?), I would be happy to advise you of my thoughts.
If you failed to respond to a lawsuit, AND NOW HAVE A JUDGMENT AGAINSDT YOU, do not delay. The law limits the amount of time you have to overturn a judgment, and the one year anniversary is a critical date.