Civil Litigation

If you need an attorney in New Jersey or New York, because you are being sued or want to sue someone, talk to one of our attornies about your options.

New Jersey and New York have different types of courts for different matters.

The General Equity Part of the Civil Division resolves cases involving claims for non-monetary relief such as foreclosures, disputes about how a corporation or partnership is being run, or injunctions to have the court order, someone, to stop doing something.

The Surrogate Court handles cases like uncontested estate matters, adoptions or guardianship. If you are looking for a Probate attorney we can help in these matters.

New Jersey Civil Courts

Landlord/tenant actions (“LT” docket), these cases are normally for the eviction of tenants.  We handle both evictions for landlords and defense for tenants.  Even as a landlord if you win in LT court, you still need to bring an action in Civil Court to get a money judgment.  However, if you are a tenant being evicted from an illegal basement apartment the landlord can be ordered to pay you 6 months of rent for moving.  We generally charge $700 for non-payment of rent evictions plus court filing fees of roughly $56.  The court fee varies by the number of people to serve and the distance the sheriff has to drive.  For eviction for anything other than non-payment of rent the fee varies depending on factors such as if notices to cease need to be sent or if the tenant entered into a chapter 13 bankruptcy.  Chapter 13 bankruptcy can become a major headache for landlords if not handled correctly.  Last month we had to file an eviction on someone that had declared 17 bankruptcies in the past 10 years.

Civil actions (“DC” docket), are generally for unpaid debts for less than $15,000.  People with credit card debt, medical bills, unpaid rent or damage to automobiles or property, where the amount involved is $15,000 or less. Once someone gets a tenant evicted in Landlord/tenant actions they normally have to bring a case in Special Civil to recover the money. Generally, even if you win in a civil action most judgments can be eliminated by filing a bankruptcy.  We can help in this type of case.

Small claims (“SC” docket), are civil cases involving $3,000 or less in claimed damages. Although lawyers can appear, my firm does not take these except for claims for $5,000 or less for the return all or part of a security deposit.

For New Jersey claims greater than $15,000, the complaint is filed with the Law Division of the Superior Court of New Jersey, Civil Part (“L” docket) in your county.  These cases are much more involved then special civil and we recommend not trying to handle this kind of case by yourself and get an attorney.