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  1. PG Thanks CTA is Court Appointed Temp. Administrator in NJ. Breach of Fiduciary Duty. CTA is cushy job handed down to friends of judges Free reign of estate assets with pretend oversight Have retained a Legal Malpractice atty
  2. Retired Not sure what you're attempting to say, but it's certainly humourous. You're speaking for "members" and for "we"?? This web page is called "Findlaw Answers" Unless I am wrong, answers are traditionally preceded by questions, Instead of answering a question with an answer as the website is intended, you've only managed to support my attitude http://boards.answers.findlaw.com/ There are many facets making up a good lawyer, and very few can excel at one, let alone all Knowing the law is worthless if you can't apply it or articulate it It's been an expensive education learning so many lawyers simply fumble their way along and win or settle a case on occasion by luck more than anything. Good luck in your retirement
  3. Thanks Seems most laws outside the constitution are localized to some degree. From the site's FAQ: FindLaw Answers is a tool to research areas of the law, to clarify legislation and particular state and federal law, and to exchange legal information with others who have expertise related to or experience with a particular legal issue. That's why I had posted exact wording from local statutes(now removed), to see how someone else might interpret or clarify. That's what the question centers around After dealing with and paying dozens of lawyers retainers and fees and losing millions as a result of their conflict of interest(you want quickest and cheapest resolution, they want to bill most hours they can- which comes from screwing up and extending litigation ), I found you're much better offer saving your money. Avoid court and legal battles. I have just one attorney now. He does legal malpractice
  4. I filed an appeal of a Chester County, PA magisterial decision. I was defendent I complied with rule 1004( , including required praecipe for appellee It's past 20 days. Appellee has not filed complaint. Have I won? Need I do anything more? Does 1037(a) kick in? It looks like I still need to notify plaintiff and give them 10 more days Lastly, if I need to file praecipe, is there a standard template or format available? A notice to plaintiff is provided-but not to court Rule 1004 Rule 1037 Rule 237.1
  5. A CTA in New Jersey committed breach. I am in another state. SOL is 6 years in NJ. Is it the same for Federal? It appears as if Federal relies on state law in which breach occurred? Is that correct?
  6. Thanks. I was warned that judges may not take too kindly to presumably being "rushed." Fortunately, one of the opposing attorneys did our dirty work and inquired 9 days ago and apparently no response. The theory of holding for years is my concern, as there are severe ramifications for a fellow municipal court judge hinging on this decision. Presiding judge has been put in a delicate position, with decision exposing fellow judge to possible criminal charges while he was off the bench. So I'm wondering if judge feels taking advantage right to endless consideration avoids handing down tough decision. I would think if judge is at an impasse, they'd ask for supplements.
  7. I've been through the wringer in NJ courts Currently awaiting a decision from new judge on change of venue due to conflict, who is also a well-known judge handling a number of headline NJ cases Most decisions from prior judges have taken a few weeks at most. Appellate cases maybe 2-3 months. These are typical time frames, based on what I've seen on other NJ cases. It's been four months since we appeared and yet to hear a thing. Is there any polite and diplomatic way to find out why decision is taking so long. While I'm hoping it's due to judge delving deeper into papers, I fear my case might just getting pushed aside so that these headline cases may be given full attention The delay is costing me significant sums of money.
  8. I have to agree with Fallen whole-heartedly and appreciate his candor. I have been entangles in a probate matter for a number of years now and have witnessed this pack mentality firsthand. It couldn't initially be filed outside of the state because it is a probate matter.On the plus side, the judge did say any new matters on the next accounting would be a new docket, so I will need to explore possibly taking that to the Federal court In so many words, I was told by my attorneys that I am helpless and would get nowhere in any action against the CTA.. I was expressly told judges protect judges and judges protect lawyers over laypeople, as judges were also lawyers. Anything short of murder and he's given a free pass. Hundreds of thousands missing and it's ok, because CTA is an "arm of the court." I have seen the state bar association disciplnary board do what they can to dismiss a complaint. I have read case after case of how lenient they are on lawyers who commit acts that would be criminally prosecutable outside the bar bubble. Sanctions, censures, and repremands are what you discipline a child with, not a licensed professional who has sworn to put his clients' best interest first. Suspension and disbarment are very rare, only handed down on the worst transgressions. I have witnessed the Suprerior court judge and the Judiiciary Advisory Board completely disregard black and white evidence of fraud and perjury. Something I've heard resounds clearly. A good lawyer knows the law, a great lawyer knows the judge. Being that I broached the topic, I see no harm in further discussion, as it certianly is topical and helpful.
  9. Thanks for responses The problem is that my appeal will ultimately lead to criminal charges of fraud and perjury aganst against the defendant. To date, this guy has been well-shielded by the courts due to his close and firmly seated connections and what I've learned is an implicit understanding to protect their own. Additionally, I've seen rampant corruption and cronyism to be the norm rather than the exception. So it is essential that I find a way to get this out of state court. As it is, I am in a neighboring state, so I am already an outsider.
  10. I am the appellant in a matter awaiting a hearing in Appellate court Since the filing of appeal, the defendant was recently appointed by the state's Chief Justice to the county court judiciary Do I have grounds to get this case out of the state court? I do not feel I can possibly get a fair hearing against what is now a county judge.. Thanks in advance
  11. I had a very similar situation where a "friend" hid an out of town relative's death while claiming to be the executor, saying there were no next of kin available, taking the Will, and stealing from the estate. When I did find out months later, the friend vanished out of state, lawyers got involved, and do everything they can to pick the bones clean while disgruntled potential heirs contest a copy of the Will People are despicable 90% of lawyers are absolute slime Be careful who you do retain. Too many want money and nothing else and will do and say anything to get it. good luck
  12. The party who appealed a summary judgment which they lost also lost their appeal on a split decision. The split decision entitles them to an automatic right to appeal with the NJ supreme court. In filing the initial appeal and being given a stay pending appeal, they were required to post a cash bond by the Superior Court judge to cover my legal costs associated with the appeal. If they now appeal with the Supreme court, will this same stay and cash bond remain in force, or must they now file with the appellate for stay and also likely be ordered to come up with another bond? I would think that the appellate decision supersedes prior decisions by the lower court and the party must now motion with the appellate for a stay I would also think that the order should take effect immediately and the lower court should accommodate and not allow other side to create stalls or delay . Am I correct?
  13. Is it permitted to include "many churches nearby" exclusively within an advertisement to sell a home? I would imagine this is discriminatory and suggests if you don't attend church, you're probably not welcome in the neighborhood. This would be in New Jersey
  14. My attorney has again backed down from filing a motion.This is not the first time. He has always found a reason to postpone and then hopes it goes away. He says it's because he doesn't think I'll be successful. I don't believe that at all My evidence is as clear and as irrefutable as it can get. It's perjury by every definition out there. It was false testimony given willfully, intentionally, knowingly, deliberately, for personal gain, and had a serious affect on the outcome. And worse yet, it was given by a bar member and a member of the judiciary. This has everything to do with an attorney fearing the repercussions of going after a fellow bar member and a judge. It wouldn't be good for his career and this could be a career killer for the culprit, if not more. So I spent the last 5 days writing my certification and have gotten all the papers together. I will be filing a substitution of attorney and file this motion to remove the TA pro se. as far as the malpractice, I did find what appears to be a very knowledgeable attorney who does nothing but. He says he's very interested in the case and will be reviewing the papers
  15. Fallen Thanks This is a public forum, but you raise a lot of valid points that might apply universally I had heard it suggested before to let the state bear the cost of prosecuting and investigating. My concern is that the defendant could exhaust all of his resources and finances fighting a prosecution leaving little to recover by the time I got to him I did finally get my attorney to agree to file a motion to dismiss the CATA. I want to get the evidence on the record. The presiding judge may or may not forward it to the local prosecutor. But it at least opens the door for a civil suit by getting the judge to acknowledge the wrongdoing. Having everything on the court record should also make it easier to find an attorney. At this point, it has become nearly impossible. Most malpractice lawyers are looking for something centered around mishandling of personal injury cases. If I absolutely need to, I will do it pro se and look for some assistance however possible. Thanks again for your insightful and in-depth response
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