New Jersey Letter regarding Defendant's Offer of Judgment

State:
Multi-State
Control #:
US-PI-0237
Format:
Word; 
Rich Text
63 downloads

Description

This form is a letter to the plaintiff from his or her attorney discussing the merits of the defendant's proposed settlement offer.

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FAQ

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In New Jersey, a judgment lien can be attached to real estate only (not personal property).

The New Jersey Judiciary website offers a free judgment lien search for judgments docketed in Trenton where the state maintains its central judgment database. Only judgments identified with a ?J? or judgment number will appear in this database.

To record a judgment, you should request a Statement for Docketing from the Office of the Special Civil Part in the county where the case was heard. The Statement for Docketing must be filed with the Clerk of the Superior Court, Richard J. Hughes Justice Complex, P.O. Box 971, Trenton, N.J. 08625.

-2. (b) A favorable determination qualifying for allowances under this rule is a money judgment or in the case of a claim for uninsured/underinsured motorist benefits, a verdict in an amount, excluding allowable prejudgment interest and counsel fees, that is 80% of the offer or less.

The statute of limitations on a judgment is 20 years ? not six. Further, a creditor can renew the judgment. Also, he said, there is an exception to NJ Statute of Limitation law. ?The six-year statute of limitation does not apply to contracts between merchants or a sale of goods under NJ's Commercial Code.

? At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.

How Does the New Jersey Offer of Judgement Rule Work? Under R. , a party can serve on her adversary an offer of judgment anytime prior to 20 days before the first trial date. If the offer is not accepted within 10 days of the trial date or 90 days of service, it is deemed rejected.

If the money is not collected (liens) Request to have the judgment recorded as a lien against any real estate the debtor owns. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid.

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New Jersey Letter regarding Defendant's Offer of Judgment