Legal Question in Real Estate Law in New Jersey

Hi, I have a condo that was foreclosed on and was not paying the association fee. I got sued by the association and went to court to try and schedule payments. I went to court but the lawyer never showed, so the case was thrown out. I am now being told by the lawyer at the association that they are going to re-instate the suite and come after me. Is this possible? and can I get a lawyer to defend me?


Asked on 8/26/09, 4:12 pm

2 Answers from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Unfortunately, if the plaintiff does not show up and the case gets dismissed, it does not prevent them from just refiling from scratch so long as the statute of limitations has not elapsed (they can also make a motion to reinstate). If and when you receive a motion to reinstate or a new lawsuit, give me a call and I can assist you. My office is in Mt. Laurel.

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Answered on 8/31/09, 6:04 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Jeffrey. There was never a determination you did not owe the money, so the suit was initially dismissed for lack of prosecution. The suit can be initiated.

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Answered on 8/31/09, 11:01 pm


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