Legal Question in Appeals and Writs in New Jersey

Appellant not paying processing fee

I filed a claim in NJ Department of Labor for unpaid wages from 2005. After the proceeding a decision was entered for me on October 2005 for the amount not paid. The defendant did not pay the amount and after months of waiting appealed to the decision. I have been waiting for two months for a Superior court appeal proceeding. I checked with the court and learned although the court notified the appellant he have not paid the processing fee of $75 so the matter is still pending.

What is the best thing to do? Should not the appeal be dismissed and the defendant pays the money? Can I ask for the interest since 2005?


Asked on 6/09/08, 9:45 pm

1 Answer from Attorneys
Jonathan Nirenberg Rabner Baumgart Ben-Asher & Nirenberg, P.C.

Re: Appellant not paying processing fee

I have not had a client with your exact situation, but generally if a party does not pay a filing fee, their appeal can be dismissed. However, I do not have enough information to know whether that applies to your situation at this point. You should consider calling the Appellate Division to ask them the status of the appeal.

As far as your question about interest, most judgments accrue post-judgment interest from the date of the judgment. However, I have not dealt with a judgment from the Department of Labor, and I do not know off hand if your judgment would includes post-judgment interest. You might want to contact whoever handled your case at the DOL to find out.

Depending on how much money is at issue, it may be worth retaining a lawyer on one or both of those issues, or to help you try to collect your judgment. Please feel free to call me to discuss whether that makes sense.

Thank you.

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Answered on 6/09/08, 10:23 pm


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