2A :35-1 . Jurisdiction in real property possessory actions

2A :35-1 .    Jurisdiction in real property possessory actions  

     2A :35-1 . 

Any person claiming the right of possession of real property in the possession of another, or claiming title to such real property, shall be entitled to have his rights determined in an action in the Superior Court.  

2A :39-1  Unlawful entry prohibited.

   2A :39-1 . 

No person shall enter upon or into any real property or estate therein and detain and hold the same, except where entry is given by law, and then only in a peaceable manner.  With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and 

P.L.1991, c.509 (C.2A:18-61.40 et al.); or N.J.S.2A:35-1 et seq. and "The Fair Eviction Notice Act," P.L.1974, c.47 (C.2A:42-10.15 et al.).  A person violating this section regarding entry of rental property occupied solely as a residence by a party in possession shall be a disorderly person.

 2A:42-10.1 "Warrant or writ for removal; writ of possession; issuance, stays" which says: 

Notwithstanding any other provisions of law, in any action brought by a landlord against a tenant to recover possession of premises or unit used for dwelling purposes, to which this act is applicable, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise, the judge of the court having jurisdiction shall use sound discretion in the issuance of a warrant or writ for removal or writ of possession, and if it shall appear that by the issuance of the warrant or writ the tenant will suffer hardship because of the unavailability of other dwelling accommodations the judge may stay the issuance of the warrant or writ and cause the same to issue at such time as he shall deem proper under the circumstances, but in no case shall such judge stay the issuance of any such warrant or writ for possession for a longer period than 6 months after the date of entry of the judgment of possession; provided, however, that in no case shall the issuance of the warrant or writ be stayed or the stay thereof be longer continued, as the case may be, if the tenant should (a) fail to pay to the landlord all arrears in rent and the amount that would have been payable as rent if the tenancy had continued, together with the accrued costs of the action; or (b) during the stay, fail to continue to pay to the landlord the amount of rent that would be due if the tenancy had continued; or (c) during the stay, become so disorderly as to destroy the peace and quiet of the other tenants living in the same building or in the neighborhood; or (d) during the stay, willfully destroy, damage or injure the premises.

Ethics in Your Practice- NJ Bar Assoc Rome Italy photo

Ethics in Your Practice- NJ Bar Assoc Rome Italy [ &  Learn how to make more money by ethically marketing your practice... and staying ethically compliant!]

Speakers:

Steven L. Menaker, Esq.

 Daniel Rosner, Esq. Past NIAJ President

Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year

Thomas H. Prol, Esq, Past NJSBA President

    This is an Ethics program for Ethics credit.

The Westin Excelsior Rome

Like a great opera, avoiding ethics and malpractice issues your practice requires talent and finesse. This program will help you stay in tune so that you don’t become la Traviata – the fallen one.  

Tuesday, November 6^{th- -}The Westin Excelsior Rome

8:30-9:45

MY18_0009

Boncompagni room

Ethics in Your Practice: How to Avoid Being La Traviata


  Proven techniques for promoting your practice while staying within the ethics rules, even if you handle cases other than Municipal Court.


       Learn everything you need to know to ethically promote your practice, including: 


• An overview of the ethics of marketing - a discussion of information that is and is not permitted to be communicated to potential clients. An overview of relevant RPC’s , ethics opinions and cases that refer to ethical communication with potential clients, including Opinion 39, 42 and 43 and RPC 7.1.


• Ethical websites - do’s and dont’s as to how your website can attract the most clients while staying within the ethics rules. Topics will include imagery, testimonials and design.


• The Ethical Considerations of Social Networking- a focus on how to ethically grow your practice through on-line networking.


https://www.facebook.com/pg/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/events/?ref=page_internal

Ethics in Your Practice- NJ Bar Assoc Rome Italy

Ethics in Your Practice- NJ Bar Assoc Rome Italy [ &  Learn how to make more money by ethically marketing your practice... and staying ethically compliant!]

Tuesday, November 6^{th- -}The Westin Excelsior Rome

8:30-9:45

MY18_0009

Boncompagni room

Moderator/Speaker:

Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year

Kenneth Vercammen & Associates, PC, Edison

Speakers:

Steven L. Menaker, Esq.

Chasan Lamparello Mallon & Cappuzzo, PC, Secaucus

Thomas H. Prol, Esq, Past NJSBA President

Laddey Clark & Ryan, LLP, Sparta

Daniel Rosner, Esq. Past NIAJ President

Rosner Law Offices, PC, Vineland

    This is an Ethics program for Ethics credit.

The Westin Excelsior Rome

Like a great opera, avoiding ethics and malpractice issues your practice requires talent and finesse. This program will help you stay in tune so that you don’t become la Traviata – the fallen one.  

Ethics in Your Practice: How to Avoid Being La Traviata


  Proven techniques for promoting your practice while staying within the ethics rules, even if you handle cases other than Municipal Court.


       Learn everything you need to know to ethically promote your practice, including: 


• An overview of the ethics of marketing - a discussion of information that is and is not permitted to be communicated to potential clients. An overview of relevant RPC’s , ethics opinions and cases that refer to ethical communication with potential clients, including Opinion 39, 42 and 43 and RPC 7.1.


• Ethical websites - do’s and dont’s as to how your website can attract the most clients while staying within the ethics rules. Topics will include imagery, testimonials and design.


• The Ethical Considerations of Social Networking- a focus on how to ethically grow your practice through on-line networking.


https://www.facebook.com/pg/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/events/?ref=page_internal

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. 

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……

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

46:3-17.4. Written consent of both spouses

46:3-17.4. Written consent of both spouses 
Neither spouse may sever, alienate, or otherwise affect their interest in the tenancy by entirety during the marriage or upon separation without the written consent of both spouses.