Legal Question in Civil Litigation in New Jersey

I received a summons in a civil case. It is not small claims. After taking a company to collections for not paying for work completed they have begun proceedings to sue me for allegedly not completing work I was hired to do. I have all the necessary documentation to prove that I did indeed complete the work, including documentation from the client stating that they do owe me the money I am seeking. Rather than pay me, this millionaire businessman has decided to flex his muscles and sue me. He has requested a jury trial, which I find ridiculo9us for such a simple matter.

1) I literally have no income, and I was told by the county court that I could file a motion to waive the filing fees due to "indigence". However, I need to respond to the summons within 35 days, and I'm concerned that my motion to the judge to request a waiver of the fees will not be processed in time to respond to the summons.

2) I was also told that I did not need to send a copy of the motion to waive the fees to the plaintiff, but that doesn't sound correct to me.

3) Would the motion to waive the fees apply to any fees I might encounter during the case (for instance, my intent is to file a counterclaim, which has a fee associated with it. I also need to subpoena certain witnesses to prove my case, which I assume also requires a fee.


Asked on 1/26/10, 6:49 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

File an Answer to the complaint regardless of your situation to avoid a default judgment. A counter-claim is an option.

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Answered on 1/31/10, 8:01 am


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