Ruiz Doolan Law Firm Blog

Millennials or Generation Y are people who are born between 1980 and early 2000 so says Wikipedia (Not so trusty encyclopedia).  We get calls from young people regarding their debt problems.  Most of time we are able to help them but sometimes it is too late. It seems a bit of a overstatement but people should always open their mail (paper mail from the post office that is).  We want our clients to know that we still live in the world of paper.  With all the advances in electronic communication and people dealing with their affairs online the courts are not that way yet. Since you are a millennial and need an explanation this is why. 1) Proof. If I send you a lawsuit over e-mail you will say that you did not get the e-mail. Oops it went to Spam. 2) The current people who are working the system are old just like me. In any case, if you get a suspicious mail that says Court, Read it! If you get a certified mail pick it up. In New Jersey, for special civil p...

As divorce attorneys we find that our clients tend to be drained by the whole process. When we discuss what is going to happen during the divorce proceeding they often find themselves perplexed by the acrimonious nature of the events that are about to happen.  We discuss child support, property settlement agreements, alimony, visitation, etc.  Is there a better way? I think there is and that is mediation. Mediation is the process in which two parties come together and work an arrangement with a impartial third party.   When I suggest this to my clients I get the same question all the time. Can this work? My answer is a redundant yes.   Many times we have seen families burden economically and mentally by divorce. A marriage is a commitment of two agreeing adults. If the adults can come again to work to their disagreements and work something out then they can avoid the cost and the mental anguish that the process of divorce can cause. Realistic speaking this is not...

The complete text of New Jersey’s security deposit law can be found at New Jersey Statutes Annotated 46:8-19 to 26. In New Jersey, generally a landlord must return the security deposit within 30 days after tenant move out or lease termination. The landlords are also responsible to return any accumulated interest or earnings. There are other situations in which the landlord has to return the money faster.  In the case in which a tenant has ended their lease because they are a victim of domestic violence, the landlord has 15 days to return the security deposit. Also, if a tenant has been displaced due to a floor, fire, evacuation or condemnation of property, the landlord is required to return the security deposit within 5 days. A landlord may be able to keep all or a part of a tenant’s security deposit for unpaid rent and for damage to the property in excess of normal wear and tear.  However, the landlord is not allowed to make any deductions from the security deposit unt...

For some entrepreneurs buying an existing business can be a less risky proposition.   There are many good aspects to buying an existing business such as reduction in start up costs and inventory.  There are also some downsides like business debt and issues with current employees and management, in addition purchasing cost may be much higher than the cost of starting a new business.  This is why doing your due diligence before buying an existing business is very important. Once you have found a business that interests you, it is important that you do your research.  How much is the business worth? We always recommend our clients to get a professional to make that determination. Other examples of issues to consider are contract and leases, financial statements, property documents, customer lists, sales records, advertising materials, employee and manager information and contracts.  You should also review the business tax return so you can assess profitab...

Rate Increase for Filing Fees The Judicial Conference of the United States Courts approved the following amendments to the Bankruptcy Court Miscellaneous Fee Schedule.  For those who want to file bankruptcy before the fees changes please be aware of the new fee structure effective June 1, 2014     As a result of those changes the following fees will increase: • Chapter 7 Petition - $335           • Chapter 9 Petition - $1,717        • Chapter 11 Petition - $1,717  • Chapter 12 Petition - $275         • Chapter 13 Petition - $310         • Chapter 15 Petition - $1,717   • Motion to Split Chapter 7 Case - $335            • Motion to Split Chapter 11 Case - $1,717 • Motion to Split Chapter 12 Case - $275          • Motion to Split ...

The basic business plan of the debt buying industry is to buy debt at pennies for the dollar. They usually by a list of consumer account without original documents to support these claims and without any documentation of how the “amount owing” was calculated.   The problem with this practice is that the debt buyer, has no incentive to obtain the proof required in a court of law because its investment is minimal. Typically a debt buyer sues consumers without any documentary proof that this particular consumer was indebted to the original creditor. . In every credit card account, the original creditor will possess: -           the debtor’s signed application/request for a credit card, 15 U.S.C. 1642 -           required monthly account statements, 15 U.S.C. 1637(b)  -           the credit card contract, amendments to ...

What to do when you cannot afford to pay your child support amount? The New Jersey Courts take child support obligations very seriously and are very clear that in order to lower your child support payment, you must show a change of circumstances.  Changed circumstances are defined in   Lepis v. Lepis , 83   N.J .   139 (1980). At the onset of  changed circumstances, an obligor can make a motion or application to the court to reduce his or her child support obligation. Examples of changed circumstances include but are not limited to the cost of living, increase/decrease of obligor’s income, or that the obligor became sick or disabled. It should be noted that temporary unemployment is not sufficient for a change of circumstances showing and the courts generally consider unemployment in itself a temporary event. Since the burden of proof rests on the party making the motion or application, that party would have to prove  to the court that they are unable ...