Law Office Of Paul DePetris
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Special Civil Business Contract Cases

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NEW JERSEY BUSINESS CONTRACT DISPUTES

WHAT IS A NEW JERSEY BUSINESS CONTRACT DISPUTE?
A New Jersey business contract dispute is a disagreement between two businesses. It can be about any of the following:

• a New Jersey breach of an oral or written contract for the sale of goods or services entered into between New Jersey businesses

• New Jersey consumer fraud or New Jersey common law fraud committed by one New Jersey business against another New Jersey business involving the sale of goods or services

• allegations of unfair interference with a New Jersey business, such as where a New Jersey business uses unfair methods to compete with its competitor

• allegations of abuse of process or malicious prosecution, such as where one New Jersey business is owed money from another New Jersey business and files a criminal complaint against a president or other officer of the New Jersey business that owes the money

• efforts to enforce a New Jersey noncompete clause or New Jersey restrictive covenant that was entered into between businesses or between a New Jersey business and one of its former employees or independent contractors.

• Special Civil collections of past due bills owed by one New Jersey business to another New Jersey business.

• New Jersey fraudulent transfers of money or property by a New Jersey business that seeks to avoid paying a Special Civil judgment entered against it.

• New Jersey franchise disputes, where a New Jersey franchise purchaser and the seller of the New Jersey franchise have a dispute about duties arising under the franchise agreement.

• Special Civil disputes between New Jersey business partners or stockholders of a New Jersey business for control of the New Jersey business New Jersey business partnership or corporation or about decisions affecting the New Jersey business New Jersey business partnership or business.

This article does not attempt to discuss relief available to businesses in Chancery Division, General Equity Part.

CAN A NEW JERSEY CORPORATE OFFICER BE PERSONALLY RESPONSIBLE FOR CORPORATE MISCONDUCT?
In some situations, a New Jersey corporate officer may be held liable for the New Jersey corporation’s wrongdoing. This process of holding a New Jersey corporate officer liable for the New Jersey corporation’s conduct is called piercing the New Jersey corporate veil. A New Jersey corporation typically acts only through its agents. New Jersey generally adheres to the basic concept of a New Jersey corporation being an entity in New Jersey contract law separate and apart from the person or persons who own its stock. The main reason for incorporation is the insulation of shareholders from the liabilities of the New Jersey corporate enterprise. Generally speaking, the Special Civil plaintiff or Special Civil defendant seeking to pierce the New Jersey corporate veil bears the burden of proving that the Special Civil court should disregard the New Jersey corporate entity and hold the New Jersey corporate officer personally liable. The sanction of piercing the New Jersey corporate veil is a severe one. For, New Jersey corporate veil piercing is an equitable remedy whereby the protections of corporate formation are lost. New Jersey corporate veil piercing is normally reserved for situations where it is necessary to remedy the fundamental unfairness that shall result from a failure to disregard the New Jersey corporate form. Generally speaking, while there are exceptions to the rule, unless there is a credible showing of fraud or injustice, courts will not pierce the New Jersey corporate veil to impose liability on the New Jersey corporate principals. Normally, Special Civil courts reserve the application of the New Jersey remedy of piercing the New Jersey corporate veil to situations where New Jersey corporate officers have a practical and realistic opportunity to avoid injurious consequences of corporate conduct in areas of public health and safety. Where the Special Civil dispute merely pertains to an alleged New Jersey breach of contract between businesses and where the claimant has reason to know that they are dealing with a New Jersey corporate entity and where that corporation allegedly executes the New Jersey contract that is the subject of a dispute between the Special Civil plaintiffs and Special Civil defendants, the New Jersey corporate veil should normally remain intact. In some Special Civil cases, a New Jersey corporate officer is not even required to come forward unbidden with information bearing on the New Jersey corporation’s ability to meet its obligations. If a Special Civil plaintiff or Special Civil defendant is concerned about a New Jersey corporation’s ability to meet its obligations, there are a variety of ways for the concerned party to try to protect itself other than holding a New Jersey corporate officer personally liable on the obligation. Reasons supporting a piercing of the New Jersey corporate veil might include evidence that the New Jersey corporation’s officers failed to observe corporate formalities, such as by using corporate funds only for their intended purpose, maintaining corporate records, filing annual reports, holding shareholders' meetings, paying dividends and employing officers and directors.

WHAT ARE THE REQUIREMENTS FOR AN ENFORCEABLE NEW JERSEY BUSINESS CONTRACT?
Since, a New Jersey breach of contract is never presumed; rather, the burden of establishing a New Jersey breach of contract rests with the Special Civil plaintiff or Special Civil defendant asserting the New Jersey breach. A New Jersey contract is an exchange of promises and thus is the result of a “bargain,” an “exchange of equivalents.” An enforceable bilateral New Jersey agreement requires an offer, an acceptance, consideration and a meeting of the minds upon all the essential terms of the New Jersey agreement. To have a valid New Jersey contract, there must be a meeting of the minds, as a New Jersey contract does not come into being unless the Special Civil plaintiffs and Special Civil defendants agree to the same terms. Thus, an enforceable contract only results from the Special Civil plaintiffs’ and Special Civil defendants’ agreeing upon essential terms and manifesting an intention to be bound by those terms and where the Special Civil plaintiffs and Special Civil defendants do not agree to one or more essential terms, the New Jersey agreement may be unenforceable. Indeed, it is fundamental that the essential element to the valid consummation of a New Jersey contract is a meeting of the minds of the New Jersey contracting parties. Thus, doubt or difference between the Special Civil plaintiffs and Special Civil defendants to an alleged contract is normally incompatible with the claim that the Special Civil plaintiffs and Special Civil defendants agreement to terms. If the contemplated agreement is to be bilateral, the offeror and offeree alike must express agreement as to every term of the New Jersey contract. The offerror does this in the offer; the offeree must do it in his acceptance. When interpreting a New Jersey contract, it is not the real intent that controls but rather the intent expressed or apparent in the writing. Further, normally it is not the Special Civil court’s role to make a new contract or to supply any material stipulations or conditions which contravene the New Jersey agreements of the Special Civil plaintiffs and Special Civil defendants. The mere fact that a New Jersey contract is somewhat harsh or unfair in its operation does not excuse the performance of same and the Special Civil court cannot create contractual obligations that are not based on the expressed intention of the Special Civil plaintiffs and Special Civil defendants. Indeed, the Special Civil court will not normally rewrite the New Jersey agreement to provide the protection which a Special Civil plaintiff or Special Civil defendant failed to obtain for themselves. Instead, the judicial function of the Special Civil court is normally to enforce the New Jersey contract as it is written. Moreover, where the Special Civil plaintiffs and Special Civil defendants are experienced businesspeople, courts generally should not tinker with a finely drawn and precise contract entered into by experienced business people that regulates their financial affairs. Also, equitable relief is not normally available merely because enforcement of the New Jersey contract causes hardship to one of the Special Civil plaintiffs and Special Civil defendants. Thus, if a New Jersey contract contains ambiguous or doubtful terms, the New Jersey contract is generally construed against its drafter. The interpretation of a New Jersey business contract is often a legal question for the Special Civil court rather than for a Special Civil jury.

WHAT IS THE NEW JERSEY IMPLIED NEW JERSEY CONTRACT OF GOOD FAITH AND FAIR DEALING?
New Jersey contract law implies a requirement that a New Jersey plaintiff and a New Jersey defendant to a New Jersey contract must act in good faith and deal fairly with the other party in performing or enforcing the terms of the New Jersey contract. This implied agreement is part of the New Jersey contract, just as though the New Jersey contract expressly states this good faith and fair dealing require-ment. To act in good faith and deal fairly, parties must act honestly toward one another when performing or enforcing the New Jersey contract. One party to the New Jersey contract cannot do anything that will have the effect of destroying or injuring another party’s right to receive the fruits of the New Jersey contract. However, if an enforceable contract never existed between the Special Civil plaintiffs and Special Civil defendants a claim for violation of the New Jersey noncompete agreement or New Jersey noncompete clause of good faith and fair dealing, such a claim would normally fail. For, in the absence of a New Jersey contract, there can be no breach of an implied New Jersey contract of good faith and fair dealing.

ARE ORAL CONTRACTS ENFORCEABLE IN COURT?
An oral contract for goods or services between businesses may be enforceable in court, especially if there is proof that the terms of the New Jersey contract were sufficiently definite and that the Special Civil plaintiffs and Special Civil defendants agreed to be bound to the oral agreement. While there does exist a statute of frauds in New Jersey that requires that certain contracts be in writing, in certain situations, it can be overcome.

WHAT IS A NEW JERSEY NEW JERSEY RESTRICTIVE COVENANT?
A New Jersey New Jersey restrictive covenant is a provision in a New Jersey contract that prohibits or limits a New Jersey plaintiff or New Jersey defendant from taking certain actions. Post employment New Jersey New Jersey restrictive covenants and New Jersey noncompete agreement or New Jersey noncompete clauses are not void per se in New Jersey.

ARE NEW JERSEY NEW JERSEY RESTRICTIVE COVENANTS AND NEW JERSEY NONCOMPETE AGREEMENT OR NEW JERSEY NONCOMPETE CLAUSES ENFORECEABLE IN SPECIAL CIVIL COURT?
The enforceability of New Jersey restrictive covenants depends in large part upon their reasonableness under the particular circumstances. New Jersey noncompete agreement or New Jersey noncompete clauses are looked upon unfavorably by the Special Civil courts, as potential restraints on trade. To be enforceable, a New Jersey New Jersey restrictive covenant must be reasonable under the circumstances in the Special Civil breach of contract case before the Special Civil court. A New Jersey noncompete agreement or New Jersey noncompete clause will be totally or partially enforced by Special Civil Part to the extent reasonably necessary to protect the New Jersey employer’s legitimate interests if enforcement of the New Jersey noncompete agreement or New Jersey noncompete clause will cause no undue hardship on the New Jersey employee and will not impair the public interest. The New Jersey Supreme Court set forth the following four pronged test for determining the reasonableness of New Jersey restrictive covenants (often referred to by commentators as a three pronged test insofar as they omit the first prong):
• The New Jersey employer has a protectable interest.
• The New Jersey noncompete agreement or New Jersey noncompete clause must be no more restrictive than is necessary to protect the “legitimate interests of the New Jersey employer.
• The New Jersey noncompete agreement or New Jersey noncompete clause must impose “no undue hardship on the employee.
• The New Jersey noncompete agreement or New Jersey noncompete clause must not be “injurious to the public interest.”

To be enforceable, the New Jersey noncompete agreement or New Jersey noncompete clause must generally meet all 4 of the aforesaid requirements. Moreover, the Special Civil court may seek evidence that the New Jersey noncompete agreement or New Jersey noncompete clause is based on adequate consideration. Usually, the issue of whether the New Jersey noncompete agreement or New Jersey noncompete clause is enforceable amounts to a fact sensitive test, since the validity and enforceability of a New Jersey contract against competition is fact-sensitive and must be determined in light of the facts of the Special Civil breach of contract case. In one case, the Special Civil court enforced a post-employment New Jersey restrictive covenant where the prohibition was reasonably necessary for the protection of the business of the New Jersey employer, was not unreasonably restrictive in point of time or territory upon the rights of the employee and was not prejudicial to the public interests. Since, a New Jersey breach of contract is never presumed; rather, the burden of establishing a New Jersey breach of contract rests with the Special Civil plaintiff or Special Civil defendant asserting the New Jersey breach. In appropriate cases, a Chancery court shall intervene, providing injunctive relief to prevent the New Jersey breach of noncompete agreement or New Jersey noncompete clauses and solicitation of an employer’s personnel and customers and shall enjoin a New Jersey employee for the use or disclosure of trade secrets or confidential information acquired from a former New Jersey employer. However, where there is no express New Jersey contract between a New Jersey employer and New Jersey employee, absent a showing of fraud or breach of trust, the Special Civil court shall generally not enjoin a New Jersey employee, after termination of his employment, from honest competition with the former employer, even to the extent of soliciting the former employer’s customers. Indeed, unless a New Jersey employee is restrained by an enforceable New Jersey contract not to compete, he or she usually may freely compete with a former New Jersey employer by accepting employment with a rival or by undertaking his or her own competing business. In this regard, a New Jersey employee who is not otherwise bound by a New Jersey New Jersey restrictive covenant may, after termination of employment, and in the absence of any breach of trust, compete honestly with his or her former employer. Accordingly, in such circumstances, neither the decision to compete nor the entering into competition is actionable. In addition, it is not the Special Civil court’s function to make a New Jersey contract for the Special Civil plaintiffs and Special Civil defendants or to supply terms not previously agreed upon. The Special Civil court shall not normally relieve a Special Civil plaintiff or Special Civil defendant from the hardship they might have guarded against and thus, the Special Civil court shall enforce the New Jersey contract which the Special Civil plaintiffs and Special Civil defendants themselves made. The Special Civil court will not generally rewrite the New Jersey agreement to provide the protection which a Special Civil plaintiff or Special Civil defendant failed to obtain for themselves. For, it is not the function of the Special Civil court to make a better contract for the Special Civil plaintiffs and Special Civil defendants or to supply terms not previously agreed upon. If a New Jersey contract’s terms are clear, the Special Civil court must merely enforce them as written. Accordingly, where a New Jersey written contract is complete and unambiguous on its face, the Special Civil plaintiffs and Special Civil defendants are bound by the intentions they express in same. Moreover, where a New Jersey written contract contains ambiguous or doubtful terms, the New Jersey contract is construed against its drafter.

Moreover, the common law New Jersey duty of loyalty does not itself necessarily preclude a New Jersey employee from making arrangements to commence new employment with a competitor. The key distinction between such arrangements and competition is usually that a New Jersey employee cannot directly compete with the current employer until after employment with that employee terminates. Whether a New Jersey employee's conduct constitutes unfair competition or was merely preparatory to new employment is a matter of degree and depends upon the facts and circumstances of the Special Civil breach of contract case.

However, New Jersey Courts have held that the enforcement of New Jersey restrictive covenants does not depend on the existence of a New Jersey written contract of employment for such New Jersey agreements need not be in writing but may be evidenced by conduct rather than words. A New Jersey contract of employment may be express or implied. A New Jersey employment contract does not require formality. While assent to the offer of employment "must be manifested in order to be legally effective, it need not be expressed in words." The necessary assent may be expressed in words, or it may be "implied from conduct without words." One could however argue that, while the Special Civil plaintiffs’ and Special Civil defendants’ New Jersey employment contract itself need not be in writing, to satisfy the requirements of a valid New Jersey restrictive covenant, the New Jersey restrictive covenant itself must be in writing.

WHAT DAMAGES ARE AVAILABLE FOR BREACH OF CONTRACT?
Where a New Jersey plaintiff and a New Jersey defendant have made a New Jersey contract, which one of them has broken, the damages which the other party ought to receive, in respect of such a New Jersey breach, should be such as may fairly be considered either arising naturally, i.e., according to the usual course of things, from such a New Jersey breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both the Special Civil plaintiff and Special Civil defendant at the time they made the New Jersey contract, as the probable result of the New Jersey breach of it. Contract damages are generally designed to put the injured party in as good a position as if the New Jersey contract had been performed. For example, in a lease transaction, the lessee is generally entitled to recover the value of the lease term, which, in the absence of special circumstances, is the difference between the actual rental value and the rent reserved. A Special Civil plaintiff or Special Civil defendant is not generally chargeable for a New Jersey contract loss that the Special Civil plaintiff or Special Civil defendant had no reason to foresee as a probable result of the alleged New Jersey breach when the New Jersey contract was made. Further, the loss must be a reasonably certain consequence of the New Jersey breach.

CAN ONE BUSINESS FORCE ANOTHER BUSINESS TO PERFORM OBLIGATIONS UNDER A NEW JERSEY CONTRACT (NEW JERSEY SPECIFIC PERFORMANCE)?
New Jersey specific performance is an equitable remedy available to a Special Civil plaintiff or Special Civil defendant to a Special Civil lawsuit if they can establish that mere legal relief such as an award of damages would be insufficient to make the claimant whole. Under the doctrine of New Jersey specific performance, the Special Civil court orders a Special Civil plaintiff or Special Civil defendant guilty of a New Jersey breach of contract to, under the danger of court penalties, perform under the New Jersey contract or if they already began to perform and stopped, to complete performance under the New Jersey contract. To establish a right to the New Jersey remedy of New Jersey specific performance, a New Jersey business must demonstrate that the New Jersey contract in question is valid and enforceable at law, that the terms of the New Jersey contract are expressed in such fashion that the Special Civil court can determine, with reasonable certainty, the duties of a New Jersey plaintiff and a New Jersey defendant and the conditions under which performance is due and that an order compelling performance of the New Jersey contract will not be harsh or oppressive. The right to New Jersey specific performance turns not only on whether the claimant has demonstrated a right to legal relief but also whether the performance of the New Jersey contract represents an equitable result. The New Jersey remedy of New Jersey specific performance is in the Special Civil court’s discretion to grant or deny. When New Jersey specific performance is sought, the Special Civil court is required to do more than merely determine whether the New Jersey contract is valid and enforceable; the Special Civil court of equity must also appraise the respective conduct and situation of the Special Civil plaintiffs and Special Civil defendants, the clarity of the New Jersey agreement itself notwithstanding that it may be legally enforceable and the impact that an order of New Jersey specific performance could have (i.e., whether such an order is harsh or oppressive to the wrongdoer or whether a denial of New Jersey specific performance leaves the claimant with an adequate remedy). In addition, the Special Civil plaintiff or Special Civil defendant seeking New Jersey specific performance must stand in conscientious relation to his adversary – that party’s conduct in the matter must have been fair, just and equitable rather than sharp or aiming at unfair advantage. Such weighing of equitable considerations must represent, in each Special Civil case, a conscious attempt on the Special Civil court’s part to render complete justice to both the Special Civil plaintiff and Special Civil defendant regarding their contractual relationship. The Special Civil court will often direct performance of such a New Jersey contract because, when there is no excuse for the failure to perform, New Jersey contract law of equity regards and treats as done what in good conscience ought to be done. However, New Jersey specific performance of a New Jersey contract will not be awarded where the New Jersey contract is incomplete, uncertain or too indefinite in its material terms to be specifically enforced in equity.

ARE BUSINESSES ABLE TO FILE NEW JERSEY CONSUMER FRAUD LAWSUITS?
In many but not all situations, businesses are entitled to bring claims pursuant to the New Jersey Consumer Fraud Act (also known as the New Jersey Consumer Fraud Law). For, unlawful practices can victimize businesses as surely as they can the individual consumer. Nothing in the New Jersey Consumer Fraud Act’s language specifically prevents New Jersey businesses from bringing Consumer Fraud Act claims. The New Jersey Consumer Fraud Act defines the term “merchandise” as any of the following:
1. Objects;
2. Wares;
3. Goods;
4. Commodities;
5. Services;
6. Anything offered, directly or indirectly to the public for sale;
7. Information services.
Further, the New Jersey Consumer Fraud Act defines the term “Person” to include a New Jersey business New Jersey business partnership, corporation, company, trust, business entity or association. Moreover, under the New Jersey Consumer Fraud Act, a private consumer fraud claimant is defined as any person suffering any ascertainable loss of moneys or property as a result of any practice declared unlawful under the New Jersey Consumer Fraud Act. Moreover, businesses frequently act as New Jersey consumers. Additionally, it is not unusual for New Jersey businesses to be victimized by a provider of services. The simple fact that a product is not something mass produced for sale to the general public and is not a product the average person would know how to use do not permit the seller to avoid consumer fraud liability. For, the New Jersey Consumer Fraud Act is expressly not limited to the sale of items for “personal, family, or household use.” Further, the New Jersey Consumer Fraud Act does not require that “the average person walking down the street” know how to use a product for it to be considered “merchandise” under the New Jersey Consumer Fraud Act. Examples of situations where businesses successfully invoked the New Jersey Consumer Fraud Act include the following:
• a commercial purchased a gel coat applied to watercraft hulls.
• a commercial yacht purchaser.
• a commercial crane purchaser.
• A condominium developer that purchased prefabricated wall panels.
• a New Jersey corporate purchaser of computer peripherals.
• The renovation of a commercially owned, unoccupied, apartment and office building.
• a franchisee’s claim that its franchisor engaged in fraud relative to purchase of a franchise/distributorship offered in advertising addressed to the general public at large and that was not subject to the New Jersey Franchise Practices Act
• a commercial buyer of equipment that the seller did not actually own.

WHAT IS THE NEW JERSEY CONSUMER FRAUD ACT?
The New Jersey Consumer Fraud Act is a New Jersey law that regulates a very wide range of goods and services. The New Jersey Consumer Fraud Act was intended as a response to public harm resulting from deception, misrepresentation and unconscionable practices engaged in by professional sellers seeking mass distribution of many types of consumer goods. The New Jersey Consumer Fraud Act provides individuals and businesses with the right to file a Special Civil lawsuit against those that cause actual harm by using deception, misrepresentation and unconscionable practices when selling certain goods or services. The New Jersey Consumer Fraud Act provides New Jersey consumers with a greater level of protection than do some other remedies for fraud. Under the New Jersey Consumer Fraud Act, the burden of proof is often easier to meet and potential damages are greater, as the New Jersey Consumer Fraud Act allows certain defrauded and injured individuals and businesses to recover 3 times the amount of damages plus court costs and attorney's fees.

WHAT IS CONSIDERED “FRAUD” UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.

Generally speaking, the New Jersey Consumer Fraud Act creates three categories of prohibited acts:

1. Affirmative acts -- unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation.

2. Knowing omissions -- concealment, suppression or omission of any material fact.

3. Violations of certain sections of the New Jersey Consumer Fraud Act and of regulations adopted by the New Jersey Division of Consumer Affairs.

Under the New Jersey Consumer Fraud Act, mere proof of a subsection of the New Jersey Consumer Fraud Act or regulatory violation establishes unlawful conduct and thus, does not require separate proof of intent to evade or violate New Jersey contract law.

WHAT DAMAGES ARE AVAILABLE TO A NEW JERSEY BUSINESS THAT IS A CONSUMER FRAUD VICTIM?
If a New Jersey business proves that another business violated the New Jersey Consumer Fraud Act and that the business suffered ascertainable loss due to the New Jersey consumer fraud, the victimized business shall be entitled to potentially recover:
• an injunction to stop the New Jersey consumer fraud
• a refund of money or return of property lost as a result of the New Jersey consumer fraud
• cancellation of a New Jersey contract that is the product of consumer fraud
• treble damages
• attorney’s fees
• litigation costs (i.e., lawsuit filing fees, postage, service fees, etc. but not expert fees).
In cases involving the New Jersey Consumer Fraud Act in the context of a New Jersey breach of contract or misrepresentation, either out-of-pocket loss or a demonstration of loss in value shall generally be enough to meet the required proof of ascertainable loss

HOW DOES A NEW JERSEY BUSINESS FILE A SPECIAL CIVIL LAWSUIT FOR RELIEF IN A NEW JERSEY BUSINESS DISPUTE?
A New Jersey business may file a Special Civil lawsuit – called a “complaint” in Special Civil Part if the amount in dispute (excluding attorney’s fees) does not exceed $15,000.00 by preparing a written complaint and filing it by either visiting the New Jersey Special Civil courthouse or appropriate Court Finance Office in the county where you intend to file the Special Civil complaint – all of which are located in the county seat of the appropriate New Jersey county -- or by sending the necessary New Jersey court paperwork to the appropriate New Jersey Special Civil county courthouse. You must pay a fee to file your Special Civil complaint that is sometimes determined based on the number of parties you are suing, the dollar amount of the Special Civil dispute and the type of Special Civil trial you want. The Special Civil court fees often change, so it is important that you check with the Special Civil court as to the appropriate fee when you are actually ready to file your Special Civil court papers. Only persons age 18 or older are able to file a Special Civil complaint for themselves (minors must file a Special Civil lawsuit through their parent or guardian). There are specific rules about the proper county in which to file Special Civil complaints, which depend on various considerations. Complaint forms are often available at the appropriate offices each county court and via the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is extremely important that you prepare your Special Civil complaint very carefully and make sure that you include in the document a detailed list of all factual and legal reasons why you may have a right to win your New Jersey business dispute case, since failure to do so could cause you to lose your New Jersey business dispute case. It is very common for Special Civil plaintiffs and Special Civil defendants to file inadequate or incorrect complaints that result in the Special Civil complaints or answers to complaints being rejected by the Special Civil court or being dismissed by the Special Civil court after filing and before or after trial because of procedural deficiencies. Normally, in Special Civil Part, the Special Civil court serves the Special Civil complaint on the Special Civil defendants whereas in Law Division, Civil Part, you must have a process server serve the Special Civil complaint. Most complaints filed in Special Civil Part that go to the Special Civil trial are Special Civil nonjury trials, meaning that only a Special Civil judge hears the Special Civil breach of contract 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 Special Civil complaint), you may demand a Special Civil trial by 6 jurors. Special Civil jury trials are much more complex than Special Civil nonjury trials and usually require much more preparation, including extensive New Jersey court paperwork. However, a Special Civil jury trial demand may result in the facts of your New Jersey business dispute case being decided by a Special Civil jury of ordinary people rather than by a single Special Civil judge. Even where a Special Civil plaintiff or Special Civil defendant requests a Special Civil jury trial, the legal issues in the Special Civil trial are normally decided by the Special Civil judge hearing the Special Civil breach of contract case. Note that this article does not attempt to discuss relief available to businesses in Chancery Division, General Equity Part.

WHAT IF MY NEW JERSEY BUSINESS IS SUED?
If your New Jersey business is sued in Special Civil Part, your New Jersey business shall be named to a Special Civil complaint or Special Civil counterclaim and must file a written response to the Special Civil complaint or Special Civil counterclaim, called an “answer”. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you or your New Jersey business and thereafter, possibly losing money or property. You may file a Special Civil answer by preparing a written Special Civil answer disputing charges made against you or your New Jersey business in the Special Civil complaint or Special Civil counterclaim and requesting that the Special Civil Part dismiss the wrong charges. If the Special Civil plaintiff or someone that isn’t named in the Special Civil complaint owes you money or property based on the same set of facts as those in dispute in the Special Civil complaint or facts related to the Special Civil dispute, in addition to filing a Special Civil answer, you may also be able to file a Special Civil counterclaim or third party complaint to recover the money or property (discussed below). Forms are often available at the appropriate Special Civil court offices and via the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is very common for Special Civil plaintiffs and Special Civil defendants to file inadequate or incorrect complaints that result in the Special Civil complaints or answers to complaints being rejected by the Special Civil court or being dismissed after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and Special Civil counterclaims. It is extremely important that you prepare your Special Civil answer very carefully and make sure that you include in the Special Civil answer a detailed list of all defenses against the Special Civil complaint or Special Civil counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey business dispute case. Accordingly, when your New Jersey business is sued, you should seriously consider hiring a New Jersey Special Civil lawyer to prepare your response to the Special Civil complaint or Special Civil counterclaim, to prepare written requests for information to the Special Civil plaintiff or Special Civil defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey Special Civil lawyer represent you in court. After your Special Civil answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the Special Civil complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary New Jersey court paperwork to the appropriate Special Civil court office. You must pay a fee to file your Special Civil answer that is sometimes 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 New Jersey contract lawsuit (discussed below). Only persons age 18 or older are able to file a Special Civil answer for themselves (minors must file a Special Civil answer through their parent or guardian). Most Special Civil cases filed in Special Civil Part that go to the Special Civil trial are nonjury trials, meaning that only a Special Civil judge hears the Special Civil breach of contract case. For an extra fee paid only when you first file your first Special Civil answer, you may demand a Special Civil trial by 6 jurors. Special Civil jury trials are much more complex than Special Civil nonjury trials and usually require much more preparation, including extensive New Jersey court paperwork. However, a Special Civil jury trial demand may result in the facts of your New Jersey business dispute case being decided by a Special Civil jury of ordinary people rather than by a single Special Civil judge. Even where a Special Civil plaintiff or Special Civil defendant requests a Special Civil jury trial, the legal issues in the Special Civil trial are normally decided by the Special Civil judge hearing the Special Civil breach of contract case.

WHAT IF MY NEW JERSEY BUSINESS SUED BUT SOMEONE OWES MY NEW JERSEY BUSINESS MONEY BECAUSE OF THE SITUATION THAT IS THE SUBJECT OF THE SPECIAL CIVIL COMPLAINT FILED AGAINST MY NEW JERSEY BUSINESS?
If your New Jersey business is a Special Civil defendant and plaintiff or someone that isn’t named in the Special Civil complaint owes you money or property based on the same set of facts as those in dispute in the Special Civil complaint or facts related to the Special Civil dispute, in addition to filing a Special Civil answer, you may also be able to file a Special Civil 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 counterclaim If your New Jersey business is sued and someone who is not named in New Jersey contract 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 Special Civil complaint as additional parties to the Special Civil breach of contract case. Special Civil counterclaims and 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 Special Civil answer to the original complaint. In the Special Civil breach of contract case of a third party complaint, once properly filed, the Special Civil Part normally serves it on the Special Civil plaintiff. In Law Division, Civil Part, you must have a process server serve the Special Civil complaint. 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 Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is very common for Special Civil plaintiffs and Special Civil defendants to file inadequate or incorrect complaints or Special Civil counterclaims that result in the Special Civil complaints or answers to complaints or Special Civil counterclaims being rejected by the Special Civil Part or being dismissed by the Special Civil Part after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and filing Special Civil counterclaims and third party complaints. It is extremely important that you prepare your Special Civil answer, Special Civil 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 business dispute case, since failure to do so could cause you to lose your New Jersey business dispute case. Accordingly, when your New Jersey business is sued and when you want to file a Special Civil counterclaim or third party complaint, you should seriously consider hiring a New Jersey Special Civil lawyer to prepare your response to the Special Civil complaint or Special Civil counterclaim, to prepare written requests for information to the Special Civil plaintiff or Special Civil defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey Special Civil lawyer represent you in court. After your Special Civil 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 Special Civil complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary New Jersey court 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 New Jersey contract lawsuit. You must also decide whether to demand a Special Civil jury trial within a specific timeframe or waive the right.

WHAT IF MY NEW JERSEY BUSINESS FILED A SPECIAL CIVIL COMPLAINT AND DEFENDANT FILED A SPECIAL CIVIL COUNTERCLAIM AGAINST MY NEW JERSEY BUSINESS?
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 counterclaim”. If you are named to a Special Civil counterclaim, you must file a written Special Civil answer to the Special Civil counterclaim. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you or your New Jersey business and thereafter, possibly losing money or property. It is possible for plaintiffs to win on their complaint only to lose on a Special Civil defendant’s Special Civil counterclaim. You may file a Special Civil answer by preparing a written Special Civil answer disputing charges made against you or your New Jersey business in the Special Civil complaint or Special Civil counterclaim and requesting that the Special Civil court dismiss the wrong charges. If the Special Civil plaintiff or someone that isn’t named in the Special Civil complaint owes you money or property based on the same set of facts as those in dispute in the Special Civil complaint or facts related to the Special Civil dispute, in addition to filing a Special Civil answer, you may also be able to file third party complaint to recover the money or property (discussed above). Forms may be available at the appropriate office of the Special Civil court and via the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is very common for Special Civil plaintiffs and Special Civil defendants to file inadequate or incorrect complaints that result in the Special Civil complaints or answers to complaints being rejected by the Special Civil court or being dismissed by the Special Civil court after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering complaints and Special Civil counterclaims. It is extremely important that you prepare your Special Civil answer very carefully and make sure that you include in the Special Civil answer a detailed list of all defenses against the Special Civil complaint or Special Civil counterclaim that you are responding to, since failure to do so could cause you to lose your New Jersey business dispute case. Accordingly, when your New Jersey business is sued, you should seriously consider hiring a New Jersey Special Civil lawyer to prepare your response to the Special Civil complaint or Special Civil counterclaim, to prepare written requests for information to the Special Civil plaintiff or Special Civil defendant that sued you (discussed further below) and if you can afford it, to have a New Jersey Special Civil lawyer represent you in court. After your Special Civil answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the Special Civil complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary New Jersey court paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your Special Civil 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 New Jersey contract lawsuit (discussed below). Only persons age 18 or older are able to file a Special Civil answer for themselves (minors must file a Special Civil answer through their parent or guardian). Most Special Civil cases filed in Special Civil Part that go to the Special Civil trial are nonjury trials, meaning that only a Special Civil judge hears the Special Civil breach of contract case. For an extra fee paid only when you first file your first answer, you may demand a Special Civil trial by 6 jurors. In Law Division, Civil Part, there is n no additional fee for a Special Civil jury trial but you must demand it within a certain time period or waive your right to a Special Civil jury. Jury trials are much more complex than nonjury trials and usually require much more preparation, including extensive New Jersey court paperwork. However, a Special Civil jury trial demand may result in the facts of your New Jersey business dispute case being decided by a Special Civil jury of ordinary people rather than by a single Special Civil judge. Even where a Special Civil plaintiff or Special Civil defendant requests a Special Civil jury trial, the legal issues in the Special Civil trial are normally decided by the Special Civil judge hearing the Special Civil breach of contract case.

WHAT HAPPENS IF THE CLAIM INVOLVES A NEW JERSEY CORPORATION, NEW JERSEY BUSINESS NEW JERSEY BUSINESS PARTNERSHIP OR LIMITED LIABILITY COMPANY?
The officers of corporations, New Jersey business New Jersey business partnerships, limited liability companies and the like cannot generally appear in Special Civil Part in cases involving disputes exceeding $3,000 or in any Law Division, Civil Part cases whatsoever, since the New Jersey corporation, New Jersey business New Jersey business partnership or limited liability company must usually be represented by a New Jersey Special Civil lawyer. There may be some exceptions to this rule, such as where the Special Civil breach of contract case involves a summary action for possession of premises. Also, if you sue a company and the company represents itself at the Special Civil trial and you thereafter win the Special Civil breach of contract 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 court for themselves in the first place! There are no such limitations imposed upon sole proprietors.

IF MY NEW JERSEY BUSINESS A SPECIAL CIVIL PLAINTIFF OR DEFENDANT IN A CIVIL CASE, WILL THE OTHER SIDE HAVE A NEW JERSEY SPECIAL CIVIL LAWYER?
If you are not represented by a New Jersey Special Civil lawyer in a Special Civil Part case, you are called a “pro se litigant”. While people can and often do represent themselves in Special Civil Part court and occasionally represent themselves in Law Division, Civil Part, their opponent may be represented by a New Jersey Special Civil lawyer, which often places the unrepresented party at a major disadvantage. If possible, hire a New Jersey Special Civil lawyer to at least prepare any necessary court New Jersey court paperwork and if you can afford it, to also appear and represent you in court at any motions or trials. The proper preparation of legal papers and preparation of a case for 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 the Special Civil court or work for a New Jersey Special Civil lawyer.

IF THE OTHER SIDE HIRES A NEW JERSEY SPECIAL CIVIL LAWYER, SHOULD I DEAL WITH THE SPECIAL CIVIL LAWYER OR THEIR CLIENTS?
If a Special Civil plaintiff or Special Civil defendant is represented by a New Jersey Special Civil lawyer in a civil part dispute, you must generally avoid having oral or written contact regarding the Special Civil breach of contract case with the represented party and instead, must make all communications involving the Special Civil breach of contract case through the represented party’s attorney.

WHAT HAPPENS AFTER THE SPECIAL CIVIL COMPLAINT IS FILED?
After the Special Civil complaint is filed, in small claims proceedings, court staff shall serve the Special Civil complaint on the Special Civil defendants, usually by mailing it by certified and regular mail. In Law Division, Civil Part cases, a Special Civil plaintiff or third party plaintiff normally uses a process server to serve the Special Civil complaints upon their adversaries. A Special Civil defendant has 35 days following service of a Special Civil complaint to file a Special Civil answer. The summons should state the date on which the Special Civil complaint was served. If a Special Civil defendant fails to file a written Special Civil answer to the Special Civil complaint, in Special Civil Part the 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 Special Civil answer). If a Special Civil defendant files a written Special Civil answer and pays the necessary fee, the Special Civil Part normally sends a notice of that a Special Civil answer was filed. Once a Special Civil complaint and answer are filed in the Special Civil breach of contract case, whenever one party sends any kind of New Jersey court paperwork to the Special Civil court, they must generally send complete copies of the New Jersey court paperwork to all other parties involved in their case (or if they are represented, to the Special Civil plaintiffs’ and Special Civil defendants’ attorneys). If a Special Civil plaintiff or Special Civil defendant fails to follow this procedure, they may be punished by the Special Civil court for the failure and any relief they ask for and receive from the Special Civil court can often be reversed for the failure. The Special Civil plaintiffs and Special Civil defendants may engage in discovery – a factfinding process during which a New Jersey plaintiff and a New Jersey defendant tries to find out more about the other party’s position. Discovery often involves parties serving each other with written 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 Special Civil Part by mailing the documents via regular and certified mail, return receipt requested (if the other party is unrepresented) on the other parties or by regular mail only on the other parties’ attorney, if they are represented by a New Jersey Special Civil lawyer. 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. At some point after the Special Civil complaint is filed and answered, the Special Civil Part sends the Special Civil plaintiffs and Special Civil defendants a notice stating the Special Civil trial date. Failure to carefully prepare and serve thorough written requests for information could result in your losing your New Jersey business dispute case, since you may be in the dark about what the other party intends to do at the Special Civil trial. If a case is coming up for trial and you never received responses to your written requests for information, you may have a right to get more time from the Special Civil Part to get the requests answered. Discovery can be a very tricky and important part of the Special Civil breach of contract case and to make sure that it is conducted right, you should seriously consider hiring a New Jersey Special Civil lawyer to prepare your written requests for information to your opponents or to other parties involved in the Special Civil breach of contract case or even to witnesses and if you can afford it, to have a New Jersey Special Civil lawyer represent you in court.

WHAT HAPPENS IF DEFENDANT IS DEFAULTED?
If a Special Civil defendant is automatically defaulted by the Special Civil Part and if a Special Civil plaintiff files the necessary New Jersey court paperwork for a Special Civil default and it is entered, then no trial will occur (unless the Special Civil court vacates the default) and the Special Civil plaintiff has a certain number of months from the date of the entry of default to file additional New Jersey court paperwork with the Special Civil court 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 New Jersey court paperwork, while in other cases, the Special Civil plaintiff has to prepare and file a motion and the Special Civil court may require the Special Civil plaintiff and defendant to appear at the Special Civil court hearing – a “proof hearing”.

WHAT HAPPENS IF A SPECIAL CIVIL DEFAULT JUDGMENT IS ENTERED AGAINST YOU OR YOUR NEW JERSEY BUSINESS AND YOU IGNORE IT?
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 sheriff and sold to satisfy the Special Civil judgment and/or a lien may be put against a house you own. 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 collection efforts. It is not uncommon to refuse to help such latecomers from taking issue with the Special Civil collection efforts unless they file Special Civil papers with the Special Civil court for relief. However, once a Special Civil judgment is entered against you or your New Jersey business, you may ask the Special Civil court to remove or “vacate” the Special Civil judgment (discussed below).

DO I NEED A SPECIAL CIVIL EXPERT WITNESS TO PROVE MY SPECIAL CIVIL CASE?
Often to prove one’s case or to successfully defend against a Special Civil complaint, it is necessary to hire a Special Civil expert witness to prepare a proper Special Civil expert report and to testify regarding another 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 Special Civil trial to understand the evidence or to determine a fact in issue, a witness qualified as a Special Civil 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, a Special Civil 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 a Special Civil expert’s testimony could be sufficiently reliable; and (3) the Special Civil witness must have sufficient expertise to offer the intended testimony. To meet the element of whether expert testimony is sufficiently reliable, the Special Civil plaintiff or Special Civil defendant offering the Special Civil expert witness testimony must demonstrate that the Special Civil expert witness’s opinion or theory is generally accepted within the scientific community. A Special Civil 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 a Special Civil expert that are not supported by factual evidence are inadmissible. Likewise, expert conclusions based on discredited or improperly performed diagnostic tools are suspect. A Special Civil expert's trial testimony is confined to the opinion reflected in the Special Civil expert’s report. Many Special Civil expert opinions are never admitted into evidence and experts are thereby prevented from testifying at the Special Civil trial because the Special Civil court finds the Special Civil expert reports unreliable and/or inadequate. Therefore, simply hiring a Special Civil 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 Special Civil expert witness normally sends a copy of their report to the Special Civil plaintiff or Special Civil defendant who hired the Special Civil expert witness. If your New Jersey business dispute case requires expert testimony and the matter goes all the way to the Special Civil trial, it shall be necessary to have the Special Civil expert witness appear at and testify at same. The Special Civil expert witness usually charges additional fees for the time during which they must appear at the Special Civil trial but you may get the Special Civil expert witness 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 Special Civil trial to introduce into evidence estimates, expert reports and other documents that they never prepared and witnesses are often necessary to prove one’s case, especially when it comes to the Special Civil plaintiff or Special Civil defendant’s damages.

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

WHAT HAPPENS AT THE SPECIAL CIVIL TRIAL?
On the day that your New Jersey business dispute case goes to the Special Civil trial you must appear at Special Civil court. Usually, many cases are heard on the day that your New Jersey business dispute case is called for trial and it is not uncommon for many people to wait in a single courtroom for their case to be called. You must be on time to avoid losing your New Jersey business dispute case! If a Special Civil plaintiff fails to appear when their case is called, the Special Civil Part is likely to dismiss the Special Civil complaint. If a Special Civil defendant fails to appear when the Special Civil breach of contract case is called, the Special Civil Part shall likely enter a Special Civil default. If a Special Civil default is entered, you shall have to prepare and file New Jersey court paperwork with the Special Civil court asking the Special Civil court to enter a Special Civil default judgment in your favor. If no default is entered, you must be prepared to present your New Jersey business dispute case or Special Civil business case 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 breach of contract case. The Special Civil court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at the Special Civil trial. You must bring all documents, photographs, videos and other items with you to the Special Civil trial that are necessary to prove your New Jersey business dispute case (preferably originals). Even if you bring such documents and items to court, a Special Civil judge may refuse to allow you to use them at your 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 Special Civil 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 Special Civil 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 Special Civil plaintiff or Special Civil defendant to use or refer to documents or items that the person themselves never prepared. Often Special Civil plaintiffs and Special Civil defendants stumble into Special Civil Part 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 Special Civil judge tell the Special Civil plaintiffs and Special Civil 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 Special Civil court. Also, if there are any legal issues to be dealt with at the 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. If you have any witnesses that you need to testify for you at the Special Civil trial, then in advance of the Special Civil trial and as required by court rules, laws and published cases, you must prepare a written Special Civil trial subpoena (or Special Civil trial subpoenas if the Special Civil breach of contract case is adjourned). Such a Special Civil trial subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the Special Civil plaintiffs and Special Civil defendants to the Special Civil breach of contract case to testify as part of your New Jersey business dispute case, since they might not show up at the Special Civil trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of Special Civil trial subpoena. If you think that you could have problems getting someone to show up to provide testimony at the Special Civil trial, you should have a process server serve them with a Special Civil trial subpoena or if they are a Special Civil plaintiff or Special Civil defendant to the Special Civil dispute, a notice in lieu of Special Civil trial subpoena. Without witnesses to testify at the Special Civil trial (especially experts, discussed above), you may lose your New Jersey business dispute 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 trials to get adjourned because someone is not ready to present their case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your New Jersey business dispute case on the date that the Special Civil trial is scheduled since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their case or Special Civil business case defense on the Special Civil 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 court normally enters a Special Civil judgment for or against you or your New Jersey business. The Special Civil court may also withhold or “reserve” judgment for a later date, which normally results in the Special Civil judge hearing the Special Civil breach of contract case taking time to write up its reasons for its decision and mailing it to the Special Civil plaintiffs’ and Special Civil defendants’ last known addresses (or to their attorneys, if they are represented).

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

WHAT HAPPENS IF I GET A SPECIAL CIVIL JUDGMENT?
Once you get a Special Civil judgment, 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 Special Civil Part judgment, Special Civil Part officers may be of assistance in taking steps to collect it, but they cannot provide legal advice. To collect a law division, civil part judgment, you must often use a sheriff. 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 New Jersey court paperwork to direct the Special Civil court officer to try to recover the Special Civil judgment from those assets. The Special Civil collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment. The Special Civil court normally has forms available at the Special Civil courthouse and on the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey Special Civil lawyer, it is best to have the Special Civil lawyer perform the steps necessary to collect any Special Civil judgment.

WHAT IF A SPECIAL CIVIL DEFAULT AND/OR DEFAULT JUDGMENT IS ENTERED AGAINST YOU OR YOUR NEW JERSEY BUSINESS AND YOU STILL WANT A SPECIAL CIVIL TRIAL?
If a Special Civil default and/or default judgment was entered against you or your New Jersey business, you may seek to remove it, called “vacating the default” or “vacating the default judgment”. To vacate either, you must normally prepare a written motion and file the motion with the Special Civil Part asking that the default and/or default judgment be vacated. The Special Civil court normally has forms available at the Special Civil courthouse and on the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey Special Civil lawyer, it is best to have the Special Civil lawyer perform the steps necessary to prepare the proper motion. If you ignore the default, it may lead to the entry of a Special Civil judgment against you or your New Jersey business. 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 sheriff and sold to satisfy the Special Civil judgment and/or a lien may be put against a house you own.

TAKING SPECIAL CIVIL APPEALS -- WHAT IF I LOSE MY TRIAL OR THE SPECIAL CIVIL COURT REFUSES TO VACATE A SPECIAL CIVIL DEFAULT JUDGMENT?
If you disagree with the Special Civil Part's decision, such as a Special Civil judgment entered against you or your New Jersey business at the Special Civil trial or the denial of a motion to vacate a Special Civil default judgment, you may appeal the Special Civil breach of contract 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 judgment that resolves all issues in the Special Civil breach of contract 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 – Special Civil appeals and Law Division, Civil Part Special Civil appeals are not heard by the Special Civil court and you should not try to file appellate papers with either of those courts! As part of your appeal, you usually must also prepare a written court transcript request and order the Special Civil court transcript from the appropriate court that decided the matter against you or your New Jersey business and pay a fee for it. Special Civil appeals are some of the most complex proceedings in the Special Civil court system. The Special Civil court normally has forms available on the worldwide web. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey Special Civil lawyer, it is best to have the Special Civil lawyer perform the steps necessary to take an appeal. Special Civil appeals from orders or judgments that are not final are called “interlocutory Special Civil appeals” and the procedure for such Special Civil appeals is somewhat different than those for Special Civil appeals from final judgments or orders.

WHY SHOULD SPECIAL CIVIL PRO SE PARTIES SEEK HELP FROM A SPECIAL CIVIL LAWYER?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent Special Civil lawyer!
Many Special Civil pro se parties make the mistake of not consulting a Special Civil lawyer before filing Special Civil papers only to later learn that the Special Civil pro se parties made serious mistakes that could cause them to lose their Special Civil case. New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil 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. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law. Let New Jersey contract law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what New Jersey contract 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@newJerseyemon.com.

CAN I RELY ON NEW JERSEY SMALL CLAIMS COURT PERSONNEL OR NEW JERSEY SPECIAL CIVIL COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil 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. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law.

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 Special Civil 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 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 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 New Jersey court paperwork for you.

NEED HELP WITH YOUR SPECIAL CIVIL CASE?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent Special Civil lawyer!
Let New Jersey contract law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what New Jersey contract 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 New Jersey court paperwork to the Special Civil 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 a Special Civil lawyer 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 Special Civil 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 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 Special Civil plaintiffs and Special Civil defendants 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.
• the Special Civil 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 Special Civil plaintiff or Special Civil defendant to use or refer to documents or items at the New Jersey Special Civil trial that the person themselves never prepared. Often Special Civil plaintiffs and Special Civil defendants 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 Special Civil judge tell the Special Civil plaintiffs and Special Civil 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 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 Special Civil judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of New Jersey contract law that applies to your New Jersey Special Civil case. The Special Civil 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 a Special Civil lawyer, you could lose your New Jersey Special Civil case. Hiring a Special Civil lawyer 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 NEW JERSEY CONTRACT LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY SPECIAL CIVIL CASES?
Yes. Paul DePetris has performed the following tasks:
• handled Special Civil Cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled Special Civil Cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Special Civil Special Civil settlement agreements.
• enforced many New Jersey Special Civil 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 Special Civil Cases
• argued New Jersey Special Civil motions
• handled New Jersey Special Civil proof hearings
• handled New Jersey Special Civil post judgment Special Civil 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 NEW JERSEY CONTRACT LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY SPECIAL CIVIL CASES?
New Jersey contract 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 A SPECIAL CIVIL LAWYER TO HANDLE MY NEW JERSEY SPECIAL CIVIL CASE FROM BEGINNING TO END?
In many situations, New Jersey contract 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 the Special Civil 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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