Hackensack Civil Lawyer
A Flexible and Efficient Lawyer Who Will Go the Extra Mile
The Glen F. Haley Law Firm is the right place to begin working on your civil litigation concern in Hackensack, New Jersey. Whether you're dealing with a disagreement related to a contract or property division, you don't need to navigate these complex waters on your own. Enlist the help of The Glen F. Haley Law Firm for experienced and professional guidance through your civil matter. The firm understands that legal battles can be confusing and emotionally taxing, so they will work efficiently to facilitate a timely resolution to your civil law matter. When you work with The Glen F. Haley Law Firm, any questions you have about your case will be answered patiently, and you can expect prompt, responsive, and professional service from the moment you step into our office.
Civil Statute of Limitations
States have certain time limits, or statutes of limitations, for plaintiffs seeking to file a civil lawsuit. In New Jersey, the statute of limitations for civil cases like personal injury is 2 years, while injury to personal property has a 6-year statute of limitations. New Jersey also operates under a "discovery rule," which allows suits to be filed within a certain amount of time after the injury or its cause has been discovered. The civil statute of limitation may also be paused if the plaintiff was a minor or mentally incompetent at the time of the injury.
It is best to consult an experienced attorney about your case, as certain factors could impact the statute of limitations for bringing your civil case forward. That being said, it is worth keeping in mind the statutes of limitations for specific offenses:
- Libel/Slander – 1 year
- Fraud – 6 years
- Injury to Personal Property – 6 years
- Professional Malpractice – 2 years
- Trespass – 6 years
- Collection of Rents – 16 years
- Contracts – 6 years
- Collection of Debt on Account – 6 years
- Judgments – 20 years
One common matter of civil litigation is contract disputes. Recall that there are 4 main components of a legal contract under New Jersey law:
- a meeting of the minds (or understanding) between the parties of the contract;
- offer and acceptance of the contract;
- valid consideration; and
- clear and definite certainty.
Note that oral contracts are just as binding and enforceable as written contracts. The main caveat with oral contracts, though, is that they have less concrete evidence proving the formation of the contract. However, generally as in the case of implied contracts, if a party delivers goods to another party and receives regular payment in return, it may be implied that there is a contract.
A breach of contract claim, then, must include proof of the following elements:
- the parties entered into a contract laying out certain terms;
- the plaintiff performed their duties in the contract;
- the defendant materially breached the contract by failing to perform their end of the bargain set forth in the contract; and
- the breach of the contract caused a loss to the plaintiff.
If you seek to file a civil claim for a breach of contract, a lawyer can better help you craft an airtight claim within the statute of limitations to fight for a favorable outcome as best they can.
Marital Property Division
Another important civil matter, particularly during the conclusion of a divorce process, is the division of marital property. To determine the division of property, spouses will have to work out what is marital property, or the property acquired during the marriage, and what is separate property, or property acquired by one spouse before marriage or as a gift or inheritance. Separate property will not be distributed during a divorce.
New Jersey property division law follows a system of equitable distribution in which the court divides up assets in a manner deemed to be fair and reasonable, which does not necessarily mean a 50/50 split. For instance, equitable distribution will factor in the non-fiscal contributions of a stay-at-home parent who contributes to the family as a caretaker for the children or supporter of their spouse’s career. Generally, the court will consider the following factors when determining equitable distribution:
- duration of the marriage;
- age and physical/emotional health of each spouse;
- each spouse's income;
- any debts or liabilities;
- the couple's standard of living;
- the economic circumstances of each spouse;
- each spouse's contribution to the couple's marital property (including a spouse’s contribution as a homemaker);
- earning capacity of each spouse;
- any written agreements before or during the marriage concerning property distribution (such as a prenup); and
- any other factors the court deems relevant.
After determining what property may be distributed and assessing the value of the marital property, the court may calculate an equitable division based on the above considerations.
Let The Glen F. Haley Law Firm Help You
If you have legal questions or concerns about a civil matter you are facing, whether it is a contract breach or property division case, consult an experienced attorney for trustworthy legal counsel. The Glen F. Haley Law Firm can take a look at your situation and help you plan your next steps in the civil litigation process. It is important to seek a lawyer as soon as possible, because it is critical that you take legal action within the statute of limitations for your civil case.