Contract and Commercial Matters

 

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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.