Legal Question in Personal Injury in New Jersey
how long to revise a motion for a lawsuit?
I was awarded a default judgement in a case where the defendent was a minor and they went after the parents house insurance since it happened on his property. I believe they put a lien on his house for this. I also was a minor at the time. my father was in charge since i was minor.he just recently passed away and i called my laywer and he has no records of it since it was almost 20 years ago. what can i do to find out if this is still pending. how long does it last? and what has to be done to make sure i get the money i was awarded? I believe there was a lien put on his house.does a lien ever go away for this type of judgement? my jaw was broken in the incindent. since my father had just passed in november what do i have to do?would this type of lawsuit ever go away or will i get in eventually?
3 Answers from Attorneys
Re: how long to revise a motion for a lawsuit?
1:6-3. Filing and Service of Motions and Cross-Motions
(a) Motions Generally. Other than an ex parte motion and except as otherwise provided by R. 4:46-1 (summary judgment) and R. 5:5-4(c) (post judgment motions), a notice of motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by court order, which may be applied for ex parte. Thus, for example, if the return date of the motion is a Friday, the motion must be filed and served not later than the Wednesday, 16 days prior. If a motion is supported by affidavit or certification, the affidavit or certification shall be filed and served with the motion. Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time. Thus, for example, if the return date is on a Friday, any response must be filed and served no later than Thursday of the prior week. Reply papers responding to opposing affidavits or certifications shall be filed and served not later than 4 days before the return date unless the court otherwise orders. Thus, for example, such papers must be filed and served on Monday for a return date of the following Friday. No other papers may be filed without leave of court.
To read entire article, go to http://www.njlaws.com/motions_and_briefs.htm
Re: how long to revise a motion for a lawsuit?
If you were a minor when the case was settled the insurance funds would have been deposited with the surrogate in the county where the case was filed.
If there is a lien, it is a simple matter to pay $10.00 to pay for a lien search.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: how long to revise a motion for a lawsuit?
easier for you to just give me a call, I will try to help you get this on track.
Robert Davies
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