Legal Question in Business Law in New Jersey

opposition to NJ Rule 1:4-8

This is a long story, I am being sued as a gaurantor of a commercial lease in which I was a franchisee and the franchisor was the tenant. The landlord released the space to my business partner who then closed the location. The landlord filed an amended complaint to add my business partner to the complaint, I filed an answer, counterclaim and third party complaint againt the landlord, him personally and his son personaly. The landlords attorney has sent me notice claiming my third party complaint voilates NJ R1:4-8. What is an appropriate opposition to the forthcoming motion for sanctions? My affidavit? and what else? Is there any NJ rules for filing third part complaints? legal positions or tests?


Asked on 5/08/09, 9:18 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: opposition to NJ Rule 1:4-8

Why are you doing this without an attorney? It sounds like you know some law, but a little bit of knowledge could get you in some trouble. I would have a lawyer take over now. I could refer you to a good one.

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Answered on 5/08/09, 9:43 pm
John Corbett Corbett Law Firm LLC

Re: opposition to NJ Rule 1:4-8

A Rule 1:4-8 motion should not be a problem if you have a meritorious counterclaim. Do you? If you are not sure that you have facts and good law to support your counterclaim, then you are over your head and will get into trouble without a lawyer to help you.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/08/09, 10:26 pm


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