Legal Question in Civil Litigation in New Jersey

Re-Opeming a Case

About 4 years ago my wife was name in a complaint with 2 other individuals. Shortly thereafter they dismissed her from the case without prejedice furthing claiming that they reserve the right to re-open the case against her if they cannot for any reason collect on any monetary judgement the courts awards them (hope I made myself clear). They recently re-open the case against my wife asking her to pay for all legal fees that incurred througout the case. My question is as follows If the judge did not award judement for legal fees against the 2 other remaining defendants. Do the attorneys have the right to reopen to case against me knowing that they initially agreed to only reopen the case should there be a jugdement for legal fees on the remaing party of the lawsuit.


Asked on 6/30/06, 9:50 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Re-Opeming a Case

You are right to raise the question and also correct to suspect that it is difficult to give enough information to get an accurate answer.

Your question is one that no lawyer could answer without seeing the applicable documents. These would include the original pleadings, the order and associated documents that resulted in the original dismissal, and the demand that is currently being made against you.

Suffice it to say that, just because the case is being resumed against you does not mean that you have any liability at all. You are still entitled to all of your defenses. Don't pay anything without consulting a lawyer who has had the opportunity to review the case for you. If I can help, call or email me. My contact information is associated with this reply.

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Answered on 7/01/06, 12:26 am
Robert Davies The Davies Law Firm, P.A.

Re: Re-Opeming a Case

I can not tell, and no attorney can tell, whether your wife owes any money, or any attorney's fees, on this claim. I would need to sit down with you and read over all the documents, ask questions, maybe check what has already happened in Court. Then I would be able to give you a clear explanation of what has happened and what your choices are.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/05/06, 8:16 pm


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