To schedule a confidential consultation, call (732) 572-0500
Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817


Tuesday, August 14, 2018

Statute of Limitations on promissory note 12A:3-118. Statute of limitations

Statute of Limitations on promissory note
12A:3-118. Statute of limitations 
a. Except as provided in subsection e. of this section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. 

b. Except as provided in subsection d. or e. of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. 

c. Except as provided in subsection d. of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first. 

d. An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be. 

e. An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed. 

f. An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or within six years after the date of the acceptance if the obligation of the acceptor is payable on demand. 

g. Unless governed by other law regarding claims for indemnity or contribution, an action for conversion of an instrument, for money had and received, or like action based on conversion, for breach of warranty, or to enforce an obligation, duty, or right arising under this chapter and not governed by this section must be commenced within three years after the cause of action accrues. 

Sunday, August 5, 2018

Obtaining Warrant for Removal after eviction hearing

Obtaining Warrant for Removal after eviction hearing
       fill out Certification for Landlord, have landlord or agent sign and filed with court.
       Fill out Attorney Certification to request Judgment for Possession.
After a landlord obtains a judgment for possession, the landlord may apply to the Office of the Special Civil Part for a Warrant for Removal, which permits the landlord to force the tenant to move out of the rental premises. Only the landlord or landlord’s agent can apply for the Warrant for Removal. Our law office as attorney cannot sign the Warrant for Removal.
The fee for a warrant of removal is $35 plus the applicable Special Civil Part Officer’s mileage fee. A second mileage fee will also be required to be paid to the Special Civil Part Officer directly, if it is necessary for the officer to revisit the residential rental property and execute the same warrant of removal that the officer previously served upon the tenant. The Special Civil Part Office staff can inform the landlord of the applicable mileage fees. The warrant of removal may not be issued to a Special Civil Part Officer until the expiration of three (3) business days (not counting the court day) after the judgment for possession is granted. 
         
The Special Civil Part Officer is required to provide a residential tenant at least three (3) business days to move all persons and belongings from the premises. Again, this date does not include holidays, weekends or the date that the warrant of removal was originally served by the Special Civil Part Officer upon the residential tenant. The Special Civil Part Officer is not required to provide a commercial tenant with any three business day notice, as the officer can serve the warrant for removal and evict the commercial tenant at the same time. 
If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the residential tenant evicted or locked out. The Special Civil Part Officer will tell the landlord the fees charged for this eviction, which cannot be greater than $50, and the landlord pays this fee and the second mileage fee to the Special Civil Part Officer directly. 
            Following the eviction, the landlord must allow the tenant remove personal belongings from the premises. If a tenant vacates the rental premises but fails to move their personal belongings, the landlord must still comply with the provisions of the New Jersey Tenant’s Abandoned Property statute. Source:
https://www.judiciary.state.nj.us/forms/11483_landlord_tenant_faq.pdf

Middlesex Tenancy 732-519-3754

More details at http://www.kennethvercammen.com/landlord.html

Enforcement of Settlements and Consent Judgments To enforce a settlement or consent judgment that allowed the tenant to stay in the rental premises or to vacate at a time certain, while also paying an agreed upon amount, the landlord or tenant must file a certification, which is a formal statement of the facts of the alleged breach, or violation, and the desired relief. A copy of the certification must be sent to the other party by regular and certified mail or the other partys attorney, if there is one, by regular mail or, if directed to a tenant, it can be posted on the door of the tenants rental premises.

            The court will fill out a court form that says in part

To: Name of Court Officer
(Special Civil Part Officer)
You are hereby commanded to dispossess the tenant and place the landlord in full possession of the premises listed above. Local police departments are authorized and requested to provide assistance, if needed, to the officer executing this warrant.
To: Name of Defendant
(Tenant(s))
You are to remove all persons and property from the above premises within three days after receiving this
warrant. Do not count Saturday, Sunday and holidays in calculating the three days. If you fail to move within three days, a court officer will thereafter remove all persons from the premises at any time between the hours of
8:30 a.m. and 4:30 p.m. on or after ________________ (month) _____________ (day), _____________ (year).
Thereafter, your possessions may be removed by the landlord, subject to applicable law (N.J.S.A. 2A:18-72 et
seq.). The 3 day provision applicable to residential tenants does not apply to commercial property. Commercialtenants may be evicted at the time the warrant is served.
It is a crime for a tenant to damage or destroy a rental premises to retaliate against a landlord for starting an eviction proceeding in court and in addition to imposing criminal penalties the court may require the tenant to
pay for any damage.
You may be able to stop this warrant and remain in the premises temporarily if you apply to the court for relief. You may apply for relief by delivering a written request to the Clerk of the Special Civil Part and to the
landlord or landlord's attorney. Your request must be personally delivered and received by the Clerk within three days after this warrant was served or you may be locked out. Before stopping this warrant, the court may include
certain conditions, such as the payment of rent.
You may also be eligible for housing assistance or other social services. To determine your eligibility, you must contact the welfare agency in your county at (address) ,
telephone number (XXX) XXX-XXXX. Only a court officer can execute this warrant. It is illegal and a disorderly person’s offense for a landlord
to padlock or otherwise block entry to a rental premises while a tenant who lives there is still in legal possession. A landlord can only do these things in a distraint action involving non-residential premises. If your property has
been taken or you have been locked out or denied use of the rental premises by anyone other than a court officer who is executing a warrant of removal you can contact the Special Civil Part Clerk’s Office for help in (a)
requesting an emergency order to return your property and/or put you back into your home; and/or (b) filing a lawsuit requesting a judgment for money……

Wednesday, August 1, 2018

LEGAL SERVICES: FILING A JUDGMENT OBTAINED FROM A FOREIGN JURISDICTION


LEGAL SERVICES: FILING A JUDGMENT OBTAINED FROM A FOREIGN JURISDICTION 
(Superior Court of New Jersey - Judgment Unit) 

NJ Attorney will Prepare:
-AFFIDAVIT IN SUPPORT OF APPLICATION TO 
RECORD A FOREIGN JUDGMENT IN NEW JERSEY

-Application to RECORD A FOREIGN JUDGMENT IN NEW JERSEY

NJ Attorney will  SEND COMPLETED DOCUMENTS TO: 
Judgment Processing Services 

NJ Attorney will follow up with Judgment Processing Services

NJ Attorney will provide to client a filed Judgment

UP FRONT LEGAL FEE $1,500

       These services do not include chasing debtors or post judgment work.

Other services available for a fee:
1: send a letter directly to the debtors wife and co owner of the house along the lines of demanding some level of payment 
2; serve creditor with Information Subpoena 
 3. serve spouse with INFORMATION SUBPOENA AND WRITTEN QUESTIONS TO NON-PARTIES
4. Prepare Notice of Motion for Order Enforcing Litigant’s Rights
5. Prepare Certification in Support of Motion for Order Enforcing Litigant’s Rights
6. Prepare Order to Enforce Litigant’s Rights

Need from client:
1  AN EXEMPLIFIED (AUTHENTICATED) COPY OF THE FOREIGN JUDGMENT WITH THE SEAL OF THE ISSUING COURT AFFIXED THERETO.   [original with raised seal]

2. Client or attorney to Fill out details needed for NJ attorney to finish 

I, ________________________, of full age, being duly sworn according to law, upon my oath hereby depose and say: (Enter required information; use 
additional paper, if necessary) 
1. I am the [judgment creditor] [attorney for the judgment creditor] in a lawsuit captioned ____________________, plaintiff, v. _________________, defendant in the _______________________________________(name of court) of the State [Commonwealth] of ____________________________(name of state or commonwealth) and am seeking to record (docket) said judgment in the State of New Jersey. 
2. Attached to this affidavit is an authenticated (exemplified) copy of the judgment from the State [Commonwealth] of _________________________(name of state entering judgment) wherein judgment was entered against _______________________ (judgment debtor’s name) in the amount of $ __________________ (dollar amount) on ___________________ (date entered). 
3. The judgment creditor’s name is ___________________________(name of the creditor) and resides [is located] at _______________________________________________ (street and street number, city and state of the creditor). 
4. The judgment debtor is known to me as ______________________ (debtor’s name) and was last known to reside [be located] at ____________________________ (street name and number) in the [City][Township][Borough] of ______________________ (name of city, town or borough), County of __________________ (name of county) and State of New Jersey (zip code)


5. The time to appeal the judgment in the State [Commonwealth] of _______________________________ (name of foreign state) has expired. 
6. The courts of the State [Commonwealth] of __________________________ (name of foreign state) have not granted a stay of execution of said judgment. 
7. The foreign judgment [was][was not] entered by default. (If the foreign judgment was entered by default, cite the court rule for vacating defaults and attach a copy of the cited court rule). If judgment by default, then add: Under the relevant statutes and rules of court, the date for vacating the default expired on _______________________(insert date) without the judgment debtor moving to vacate the same. Signature of judgment creditor or judgment creditor’s attorney 

     The affidavit must set forth: 
A. The name and last known address of the creditor; 
B. The name and last known address of the debtor; 
C. The date and amount of the judgment; 
D. Whether the time to appeal the foreign judgment has expired in the court of origin; 
E. Whether the court of origin has granted a stay; and 
F. Whether or not the foreign judgment was entered by default. If the foreign judgment was entered by default, the affidavit must indicate the date under the rules of the court of origin for vacating the default with a copy of the cited court rule.



3.  A CHECK OR MONEY ORDER PAYABLE TO TREASURER, STATE OF NEW JERSEY IN THE AMOUNT OF $35.00