Richardson Law Offices

This is a statute created by the NJ Legislature to give drivers the opportunity to avoid points on tickets like speeding or careless driving, but not too often. Under this law, you can avoid points, but no more than 2 times in a 5 year period. This is because the penalties are as follows: - First Offense: $50-$150 fine and a $250 surcharge - Second Offense: $100-$250 fine and a $250 surcharge - Third Offense: $200-$500 fine, 4 points, and a $250 surcharge The good news is you avoid points; the bad news is it will cost you an extra $250! For this reason, it's not the only (or necessarily best) course of action. Sometimes taking the hit on the points is a better way to go. Unsafe operation is best used where you already have significant points on your record, thus making the extra cost worthwhile.

New Jersey law allows a creditor to levy on a bank account without giving you notice in advance. Why? Well, what would you do if you found out that a creditor was going to levy your bank account in 7 to 10 days? You would close the account, of course! Knowing this, the law allows for a sniper attack on your account. However, that does not mean that the creditor can take your money without notice or without giving you a chance to object. When your account is levied, the money isn’t actually taken by the creditor; it is frozen by the bank. They hold it administratively pending further order by the court. The creditor must then make what is called a Motion for Turnover of Funds, with notice to you, giving you the opportunity to object. You can fight it by going to www.njbanklevysurvivalkit.com

No, unfortunately not. I am sometimes asked by people holding a NJ probationary license if they can plea a ticket down to an "unsafe operation" charge to avoid points. Under New Jersey law, this is not available, and the driver faces points. This is particularly significant in that there are further penalties as points accumulate. If you accumulate three or more penalty points, you have to complete a driver improvement program. If you fail to complete this program, or if you accumulate additional points, it will result in suspension and postponement of your eligibility to obtain a provisional (if in the permit phase) or basic license (if in the probationary phase).

You might be worried that a creditor will levy on your bank account and take your money. But how can they find your bank? Just because a creditor wants to levy your account doesn't mean that it knows where it is. They still have to find it. In my experience, there are two ways in which they can find it. - They Kept Records of Payments. Have you made any payments in the past? They may have made copies of the checks before depositing them. Now they have the routing and account numbers! - You Told Them Where the Accounts Were. How did you tell them? Because they sent you a document called an Information Subpoena requiring you to make full financial disclosure of assets. In essence, they forced you to tell them where your money was!

All states (plus DC) share violation information with NJ through the Driver License Compact, except Georgia, Massachusetts, Michigan, Tennessee and Wisconsin. If you get a moving violation in a Compact state, you will get 2 points against your license in addition to the fines and penalties assessed by that state's traffic court. You can also get your license suspended if you do not comply with the sentencing terms. There is also the Nonresident Violator Compact, which NJ belongs to with all states except Alaska, California, Michigan, Montana, Oregon and Wisconsin. If you get a ticket in one of these states you cannot be detained out of state for the violation, but your license will be suspended in New Jersey if you do not comply with the terms of the citation.

Lawyers that want to collect a debt want your money. To get it from you they need information on where it is: a bank account, a job, a list of assets, etc. In New Jersey, they do this by sending you a form questionnaire called an "information subpoena." Although it comes from their office, it is still a court document and should be treated as such. Once you have received it, you are required to fill it out, completely, sign it, and return it to the law firm within 14 days. If you don't, you can be held in contempt of court. Continuing to ignore it can (and usually does) result in a warrant for your arrest being issued by a judge! The consequences of your responding to the subpoena depend on your situation. For the most part, if you have no job or money in the bank, then it is unlikely anything will happen. On the other hand, if you do, a levy is most likely headed your way, and you are going to want to take action to prevent it.

In NJ, the accumulation of points can have consequences, including the assessment of an insurance surcharge (6+ points) or the suspension of your license (12+ points). So keeping an eye on your abstract (your driving history) and reducing the point total whenever possible, is a good idea. But how do you do that? Points can be removed in several ways. Here are three of them: - Taking a defensive driving program offered by the New Jersey Motor Vehicle Commission can remove two (2) points. - A Driver Improvement or Probationary Driver Program can remove up to three (3) points. - Going one year with no violations or suspensions will remove three (3) points. The removal of points may also help reduce your insurance premiums, so you should talk to your agent.

Many people get a NJ traffic ticket that has points and look to avoid them. This may be because they are close to having their driver's license suspended (12 points), are worried about getting insurance surcharges (6 points), or just don't want points on their record. The solution is usually to plea to "unsafe operation." This gives NJ licensed drivers the opportunity to avoid points, no more than 2 times in a 5 year period, in return for a fine and a $250 surcharge. It is not recommended for those with an out-of-state license. The penalties are as follows: First Offense: $50-$150 fine and a $250 surcharge Second Offense: $100-$250 fine and a $250 surcharge Third Offense: $200-$500 fine, 4 points, and a $250 surcharge

This has become a common question, especially with the use of red-light cameras at dozens of intersections across New Jersey. If you run the red light, there will be a photo of you doing it. Like most moving violations, it carries a fine of $50 to $200, up to 15 days in jail (seldom imposed absent an accident or other aggravating circumstances), and two points. The fine can be doubled if the violation took place in a construction zone or a "Safe Corridor." As to the points, for New Jersey licensed drivers, there is the option of pleading to the "no-point ticket" for Unsafe Operation. But if you are from out of state, this might not be the best strategy as your state may assign points to ANY moving violation.

There is a common myth that people can make too much money to file a chapter 7 bankruptcy. This comes from the means testing requirement in the bankruptcy code that scrutinizes your cash flow if your gross household income is over the state median for your family size. Here in Southern New Jersey, that is seldom the case. If means testing shows that you make less than that per year, you are fine. You can file a chapter 7 or 13, whichever is appropriate for you. If it shows you make more, then further analysis is done regarding expenses to see if a chapter 7 is possible.. Means testing is a complicated process. Do not assume that you do not qualify for a chapter 7. Most South Jerseyans can file a chapter 7 with no problem and no means test complications.

Reckless driving in New Jersey is a serious offense, especially if it involves an accident with property damage, or worse, personal injury. The penalties are heavy (although not as bad as a DUI), and should not be taken lightly. The penalties depend on the number of times you've been convicted. If you have been charged with this offense, and it is your first, you face: - a fine of $50 to $200 - up to 60 days in jail - up to 90 days suspension of your driver's license - 5 points on your license If it is a second or subsequent offense, it is - a fine of $100 to $500 - up to three months in jail - up to 90 days suspension of your driver's license - 5 points on your license If you've received a reckless driving ticket, you should, at the very least, consult with an attorney.

The penalties here in New Jersey are not that severe, but should still not be taken lightly. If you have been charged with this offense, you face: - a fine of $50 to $200 - up to 15 days in jail (usually not imposed unless people injured as a result) - $33 court costs, and - 2 points on your NJ license. If there was an accident, a conviction of careless driving can also cause problems for you in civil court, as it would constitute evidence of negligence in a personal injury suit.

States have Statutes of Limitation that set deadlines for people to bring suit. So if the debt is too old, you win! The time to bring suit to collect money in NJ is limited to 6 years, while a contract strictly for the sale of goods is 4. If enough time has passed, without you making any payments, the creditor may not be able to collect at all. If you get a demand letter from a creditor, check to see if it's still listed on any of your three credit reports. If it isn't, it may be too old to report, and thus too old to sue for collection. If it is on the list, check the date it was last reported. That might be more than 6 years ago. Also, check your records to make sure that you didn't made any payments in the past 6 years that might reset the clock on the statute. At the very least, if that creditor should sue you, you should file an answering pleading and assert a statute of limitations defense. If you are correct about the timing, the claim could be barred by the court!

Bankruptcy can help you stop a NJ eviction, but only under certain circumstances, and only if you file the right kind of bankruptcy (a chapter 13). This also presumes that eviction is being brought for nonpayment of rent. If it has been brought for some other reason, like habitual late payment, then bankruptcy can’t help. It must be filed before the eviction hearing in court, and accompanied by a repayment plan for the back rent through a chapter 13 plan. If you've already been to court, it's too late. You need to have positive cash flow. In other words, you need to earn more than you spend every month. This can then be used to pay your landlord the back rent (along with any other debt you have). The plan of repayment must also offer a “prompt cure” of your breach of the lease. What this is can depend on the judge assigned to your case, but is usually less than the three year plan period of most chapter 13s.

Yes, it can. Many people struggle with the suspension of their driver's licenses because of an inability to pay surcharges levied by the NJ Motor Vehicle Commission. If you are in this situation, then bankruptcy can help. It can get your surcharges wiped out so you can get your license restored, get a job, and get a better life!

Unfortunately, in NJ, the answer is, it depends. The two factors are whether you have prior convictions for doing it and whether you were driving while suspended for a DUI. As to the first, there is no incarceration for a first offense, but on a second offense you could get up to 5 days in jail, and on any subsequent offenses, you get a flat 10 days in jail. But if you were driving on a license that was suspended for a DUI, the situation changes. For a first offense driving while suspended on a first offense DUI, you would be sentenced to 10 to 90 days in jail. For a first offense driving while suspended on a second or subsequent DUI, it is a crime (felony), and you face 6 to 18 months in jail! Plus you will have a criminal record! But this is an enhancement on the sentencing for driving while suspended! For example, if this was your second offense driving while suspended, you could get 5 days in jail for that plus another 10-90 for it being on a first offense DUI suspension!

It depends mostly on whether this is your first offense. For a first offense, although the law says you can be jailed for up to 30 days, there is a presumption against jail time. It's usually not sentenced absent aggravating circumstances. For a second offense there is a mandatory 2 to 90 days in jail. The 2-day minimum may not be suspended or served on probation, but it doesn't have to be in the county jail. The time can be served either in an in-patient rehabilitation program or in the Intoxicated Driver's Resource Center (IDRC). Fortunately, in most cases where the judge orders incarceration, it is in the IDRC. You will definitely go to jail for 180 days for a third or subsequent offense. The only way to reduce this is to ask that up to 90 days can be served in an approved residential alcohol treatment facility. This is at the discretion of the judge, and many of them require you to serve at least 90 days in jail first before proceeding to the treatment center.

In NJ, the answer to this question is, it depends. The two factors are whether you have prior convictions for doing it and whether you were driving while suspended for a DUI. As to the first factor, there's no incarceration for a first offense, but on a second offense you could get up to 5 days in jail, and on a third or subsequent offense, you get 10 days in jail. But if you were driving on a license suspended for a DUI, the situation changes. For a first offense driving while suspended on a first offense DUI, you would be sentenced to 10 to 90 days in jail. For a first offense driving while suspended on a second or subsequent DUI, it is a crime (felony), and you face 6 to 18 months in jail! Plus you will have a criminal record! But this is an enhancement on the sentencing for driving while suspended! For example, if this was your second offense driving while suspended, you could get 5 days in jail for that plus another 10-90 for it being on a first offense DUI suspension!

A statute of limitations sets a deadline for the filing of a lawsuit. It starts to run when the right to bring suit begins (and the person is aware of that right). For example, the time for a personal injury suit will start when the injury itself occurs. For the filing of a criminal charge it's when the crime is committed. For a debt owed, it's from the date of charge-off, which follows within months of a breach in the repayment terms by the debtor. Sometimes there's a delay in the start of the time to file. For example: If someone is defrauded, but doesn't discover it until years later. If someone's medical condition is discovered to be due to malpractice years after the malpractice is committed. If the statute passes, suit can be barred, but if suit is filed within that time, the statute of limitations no longer applies. Judgment holders have a certain period of time to collect on the judgment (in New Jersey it's 20 years), but the statute of limitations is no longer a defense.

They can levy initially, but ultimately they can't take the money from the joint depositor unless he/she is on the judgment too. But in the meantime it will take some effort on your part to free up the funds. Under New Jersey law, the funds in a joint account are shared equally by the owners. Thus a married couple would split it 50/50, while three people would split it into thirds, etc. But this is just a presumption; if most (or all) of the money is owned by your spouse or other depositor, you can object to the bank levy and prove, through the use of bank statements, that that money isn't yours. If this happens to you, object immediately and present your proofs to the court.