Justia Legal Services & Lawyers Directory

Questions Answered by Jonathan Rudnick - Justia Legal Answers

• 10 May 2011Q: Do you have a certian amound of day you may return a new auto you brought
  A: No, once the contract is signed and you are approved for financing the car CANNOT be returned. The is no NJ state law that permits you to return the car.
• 10 May 2011Q: How long does an appeal take, for personal injury
  A: Tough to answers the question since the answer depends on what you are appealing. It can take form eight months to two years.
• 10 May 2011Q: In a wreck in NJ and being sued by Liberty Mutual. Don't own a house. Own a motorcycle and truck. Will I lose them?
  A: If any business or entity obtains a judgment against you they can execute (take) any assets you own. So if you own a bike or truck they can take this if they sue you and get a jusgment.
• 10 May 2011Q: I was injured in a car accident
  A: You are free to reach such an agreement with the other driver or their insurance company but you would only need a lawyer if you wanted to make sure it was fair and needed answers to issues regarding future need for medical treatment. It is even more complex if you are receiving Medicare or Medicaid. Generally not a good idea.
• 27 February 2011Q: Can a gym management company deny my faxed cancellation which is not stipulated in the membership agreement?
  A: I agree with your analysis and you properly revoked the renewal per the terms of the contract that they prepared and both of you signed. Under basic contract law if the terms are clear than that what you do and that is what govern the conduct. NJSA 56:8-42 does apply to your transaction but that addresses cancellation at the beginning of the contract, not at the end. Nice work.
• 25 February 2011Q: What does cause of action diversity-Notice of Removal mean
  A: One way to get to Federal Court in any State is called Diversity jurisdiction. This happens when the plaintiff and the defendant reside in separate states and the amount in dispute is over $75,000. In this case the defendant has the right to REMOVE the matter to Federal Court (hence your notice of removal). The rules are more complex for multiparty cases. In these cases there must be complete diversity, meaning all parties must reside in separate states and there is still the amount in dispute amount
• 25 February 2011Q: Is it legal in NJ to garnish someones wages for a charged off credit card?
  A: Yes. If they have sued you and obtained a judgment against you
• 18 February 2011Q: What happens if you do not respond to a lawsuit within 21 days.
  A: Nothing since the proper time is 35 days. After this time you file a motion to enter default and set a proof hearing where you present your proofs to a Judge and he enters an order for judgment. The court notifies you of the proof hearing date
• 10 February 2011Q: Company is in CA, their repair facility is in IN. Can I do anything (small claims?) without having to travel?
  A: You can probably file suit in small claim court in New Jersey and the court will serve them at their California address. They might challenge the jurisdiction of the court but the court would have to make the determination whether the is jurisdiction ion New Jersey. The requisition is whether there are sufficient facts that would make it fair to have them come to New Jersey to defend the lawsuit.