In the recent reported Appellate Division decision in Raji v. Saucedo, the trial court determination barring a tenant’s counterclaim against the landlord was upheld. The facts were that the landlord filed an eviction action for non-payment of rent. On the trial date, the parties negotiated an agreement that the tenant would make some rental payment in […]
Tenant’s Counterclaim Barred On House Lease Read More »
A State court litigant may have the option of removing his case to Federal court, if there is Federal jurisdiction over the case. There are two ways that the Federal courts may have jurisdiction. One is that the case involves a Federal question, such as violation of a constitutional right. The other is if there
Removal To Federal Court Read More »
I was recently retained by a family to file a lawsuit to compel the State of New Jersey to amend their child’s birth certificate. This was a most unusual request. The child, a New Jersey college athlete, wished to establish dual citizenship with his country of origin in order to be eligible to try out
Amending Your Birth Certificate Read More »
A creditor seeking to collect a judgment has many options. It can levy on a bank account, garnish the debtor’s wages or seek to sell any real estate owned by the debtor. However, there are rules and limitations on that process. For example, a creditor may not seek to sell the debtor’s real estate to
Protecting The Marital Home From Creditors Read More »
A last will and testament will usually designate an executor to carry out the decedent’s wishes. Upon death, the will is submitted to the county surrogate for probate. At the same time, the executor qualifies and is issued letters testamentary, and then may act on behalf of the estate. When a person dies without a
Letters of Administration Revoked Read More »
When a tenant moves out of an apartment but leaves personal belongings behind, the landlord may not dispose of the property without giving the tenant an opportunity to return to the apartment and remove the belongings. This applies even if the tenant owes rent and even if the tenant was legally evicted by the court.
The New Jersey Abandoned Property Statute Read More »
In merry olde England, the King was the law. Whatever he said went. Eventually, a second branch of law developed around litigants bringing petitions to the King’s Chancellor, seeking exceptions to the King’s laws. This second branch is the precursor of our present day Chancery Division of the New Jersey Superior Court. The Chancellor was
What Is A Chancery Action? Read More »
There is a basic concept in the law of due process. Part of that is that a person or entity should not be sued in a State where it has not done business. In the old days, it might be sufficient to show that the defendant never stepped foot in New Jersey and therefore is
Suing in New Jersey Based On Internet Advertising Read More »
The New Jersey Open Public Records Act (“OPRA”) is an important litigation tool for gathering information, whether prior to suit or during the litigation process. It is particularly helpful when the dispute involves a public entity, public property or public employee. Upon receiving an OPRA request, a public entity must respond within seven business days,
OPRA As Litigation Tool Read More »
The Federal courts have had electronic filing for many years, both in the district courts and the bankruptcy courts. Typically, this is initiated by the attorney opening an account with the court, which gives the attorney the ability to scan and upload litigation documents on line instead of having to mail the documents to the
E Courts Come To New Jersey Read More »
The Whelan law firm has been committed to excellence for over 30 years. With offices located centrally in New Jersey, we are able to provide businesses and individuals with excellent legal services.
