I filed a law suit in NJ Special Civil court, pro se, against my former general contractor. I filed the suit against his LLC and also filed it against him and his father. Their lawyer sent me a letter stating that naming the two individuals personally is frivolous and is demanding them to be removed or they might seek damages and legal fees against me, etc. I need to know what forms and what are the steps needed to remove the two individuals from the suit while keeping the suit active against the LLC
Thank you for the post, I am happy to assist you by answering your questions. Are you familiar with a motion to amend the complaint?
I am not familiar with the motion to amend the complaint. I do not see any forms in the pro se help section of NJ online courts. But that is exactly what I have to do. Is there a form or a template. Do I just use the docket number since the LLC I am suing has added a 3rd party?
Thank you, XXXXX XXXXX the form you need: http://www.judiciary.state.nj.us/prose/10543_motion_spccvl.pdf (see page 7) Please let me know if you need additional guidance.
Page 7 is "Certification of Service"...
Bill, page 7 of 10, or 6 of 9 (depending on whether you are referencing the adobe page counter or the document page within the pdf)
Ok. Page 6 of 9 on the printed doc itself is the form to amned the complaint (3rd check box on left)....then I fill out Cert of Service saying i served notice to the lawyer, etc...page 8 of 9 is where I explain how I want to amend the complaint?...and then page 9 of 9 I fill out the top for the judge?
thanks. If i rate you know will I still keep this trail going should I have additional questions or will i get a random expert?
After rating you can return to this post is you have any follow up questions.
In filing a motion to amend a special civil complaint in NJ, would this language be sufficient to enter into page 8 of 9 for the reason: John Doe and John Doe Sr were inadvertantly referenced and named in the intital filing od the suit being brought against Doe Construction LLC. I respectfully XXX XXX court to amend the complaint to only include Doe Construction LLC and not the aforementioned individuals in their personal capacities.
That would be sufficient, but perhaps you should really consider retaining counsel to assist you in bringing your claim.
Do you suggest that becasue of the complexities of special civil or do you get the sense that I am completely over my head? I am financially strapped or I would ahve engaged counsel.
Because of the complexities of special civil
Is it neccessary for me to re-file the complaint (with just the LLC listed) after I file the motion to amend the original complaint to remove the two individuals?
You should attach a copy of the amended version of the complaint to your motion. Bill, sincerely, you may want to think seriously about retaining counsel here. The defendant clearly has the benefit of counsel and I am concerned you will lose not due to the merits of the case but on procedural and evidentiary matters.
I would engage counsel if i could afford it...spekaing of evidentiary matters - I assume they have to ask me for any evidence that I plan on introducing. I had taped each conversation with the contractor where he said over and over he would repair the issues.
Are you opposed to retaining counsel on contingency?
not oopsed to contingecny...didnt think anyone does that outside of personal injury..also not opposed to meeting with a lawyer so they can spoon feed me what to do and I will do all the filings etc....I just cant afford full blown counsel...do you work in NJ?
Thank you Bill, while site rules prohibit our establishing an attorney client relationship, you should strongly consider the NJ lawyer referral service. In what county are you located?
Thank you, this is the contact information for the lawyer referral service: Bergen County Bar Association15 Bergen StreetHackensack, NJ 07601201-488-0044Internet: www.bergenbar.orgExec. Dir.: Frank O’Marra Jr
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