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Alexia Esq.
Alexia Esq., Managing Attorney
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so so i finally filed a case and now i have

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1. so so i finally filed a case and now i have to serve it i assume. How do i do that? I am thinking of hiring a serving service that would help do that - would that serving service also file the ticket of serving the case to court? I found one company - they charge like 59 per serving for 1 - i need 2. Does thaty sound reasonable?Or would you sugest some other approach? 2. Also i found a RE broker who is willing to give me the affidevit, however he is a broker that rented my house after i restorred it into a rentable condition. I did not have any conditions and he defaintely thinks that its a worth signing that affidevit, but my qyuestion is would court find him as having financial interests? Here is what is says: He does not - he already rented the palce and the renting was not a condition to me giving his this rent - i did not even know that i would need to do that? In the case of an action for medical malpractice, the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.

Submitted: 10 months ago.
Category: Legal
Expert:  Wendy-Mod replied 10 months ago.
Hello,

I'm Wendy, and I’m a moderator for this topic. I sent Zachary a message to follow up with you here, when he is back online.

If I can help further, please let me know. Thank you for your continued patience.

Best,
Wendy
Expert:  Wendy-Mod replied 10 months ago.
Hello,

I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!

Best,
Wendy
Customer: replied 10 months ago.
Yes ok
Expert:  Wendy-Mod replied 10 months ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Alexia Esq. replied 10 months ago.
Hi, I know you have asked for Zachary, who is terrific! However, it seems you may need some thoughts on this sooner, and I have seen the moderator reaching out to others, so I thought I'd jump in to help. I have been practicing in NJ for 19 years. No offense taken, however, if you want to wait for Zachary -

That being said, with regard to your post:


1. so so i finally filed a case and now i have to serve it i assume. How do i do that? Each state has its particular rules, and depending on the court. So first you want to read those local civil rules of procedure....

I am thinking of hiring a serving service that would help do that - would that serving service also file the ticket of serving the case to court? When I served civil process on a defendant in NJ, I DO use a processer - namely, Guaranteed Subpoena was the one I chose. I liked the fact that for an additional $10 or so, they'd ALSO file with the court the "proof of service" that they'd performed, so I didn't have to do that step either.

I found one company - they charge like 59 per serving for 1 - i need 2. Does thaty sound reasonable? Yes, not too shabby.

Or would you sugest some other approach? Nope, I like this clean approach.

2. Also i found a RE broker who is willing to give me the affidevit, however he is a broker that rented my house after i restorred it into a rentable condition. I am so sorry I can not locate the facts that provide me a context to this.... can you clarify?

I did not have any conditions and he defaintely thinks that its a worth signing that affidevit, but my qyuestion is would court find him as having financial interests? If you can provide some context, we can discuss this.

Here is what is says: He does not - he already rented the palce and the renting was not a condition to me giving his this rent - i did not even know that i would need to do that?

In the case of an action for medical malpractice, the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case. If this is a fact witness about what he did or did not do, you may not have to worry about the criteria for an expert witness. Of course, I am not yet "in context", but if this guy happens to be a broker, but is part of your case BECAUSE he is your tenant, that makes him a fact witness, not an expert witness, despite the fact that he may very well BE an expert in the subject matter - I don't think you necessarily need to vet him as an expert. You can still get him to testify that he gained nothing extra for testifying to his truthful...

But again, if he is testifying NOT as to your tenancy but as to generally, how much value was lost to your property due to the drug dealers damaging it, based on comps or whatever they base it on - then you'd likely want the expert criteria met.


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

Your online legal resource!

Customer: replied 10 months ago.
Alexia - this is a professional malpractice case - i am suing them for breach of fiduciary duties, breach of contract, violation of Consumer fraud act , frudulent misrep, failure to excersize reasonable care. Nj requires that i have to submit an affidevit from a re agent in accordance to this law below. But at the second paragraph it states that he should not have any special financial interests.

The re brocker i have rented my place - but he has no special interests or i did not promise him anything - he is a current kisting re broker for my place - can i get an affidevit from him - to te extend of him thinking that there is a reasonable chance my case can win?? Or would the fact that he is my listing brocker would disqualify him from giving me the affidevit. I am not gonna use him as expert witness on trial - just to get the affidevit.?
2A:53A-27 Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements.

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2.

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In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.


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In the case of an action for medical malpractice, the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.
Expert:  Alexia Esq. replied 10 months ago.
Good afternoon, and thank you for your follow up:


Alexia - this is a professional malpractice case - i am suing them for breach of fiduciary duties, breach of contract, violation of Consumer fraud act , frudulent misrep, failure to excersize reasonable care. I take it then it is within the profession of real estate broker/agent that you are claiming malpractice.

Nj requires that i have to submit an affidevit from a re agent in accordance to this law below. But at the second paragraph it states that he should not have any special financial interests.

"The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case."


The re brocker i have rented my place - but he has no special interests or i did not promise him anything That is good. However, you could appropriately have been charged a fee by him for providing his expert opinion - just nothing staked on the outcome. I presume he is charged fair market value for the place, and that there is no "rent will go down once I win and am reimbursed for all of my outlays to make this place rentable."

- he is a current kisting re broker for my place - can i get an affidevit from him - to te extend of him thinking that there is a reasonable chance my case can win?? You know, even if he is permitted to be affidavit expert, if he is your expert later at trial, alone or in addition to other RE experts, my concern is that his credibility may be questioned based on his relationship with you - i.e. he has reason to support your side over the other side (not that he would be unethical in this way, but of course many have before him) - this does not make his testsimony inadmissible, but just want to alert you to the weighing of the credibility issue. For this reason, I'd consider using a different testifying witness for an expert, even if you use this guy for your initial affidavit.

Or would the fact that he is my listing brocker would disqualify him from giving me the affidevit. I don't think it would, since that does not mean he has an outcome in the case (does it?) - UNLESS, if you lose your case, you will insist on a higher LISTING price to make up your loss, and that may mean he has to do more work to sell it (or may be unable to sell it in the time frame of the listing, or as fast, etc.). Obviously, none of that is part of your arrangment, so I can not see his later involvement in the sale of the home being prohibitive. Likely, your listing price is FMV listing price and WON'T change whether you win, lose or draw at this trial.

I am not gonna use him as expert witness on trial OK, good - I can see that you were thinking what I was thinking - just to get the affidevit.? I think it may be possible, but I do think there is a risk regarding the possibility that the outcome of the case WILL effect him - ie. possible higher listing price, etc. But if that is not the case... and I am not even sure they'd look into it that deeply or consider that truly a direct interest in the outcome - then I think you can probably use him. The vaguaries hypothesized above would seem to be too vague and uncertain, and certainly not related to his particular affidavit or any agreement certainly - and so I do not see them being implicated. I do not think using him will be a problem - for the affidavit, that is.


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

Your online legal resource!


Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11717
Experience: 19 Years of Legal Practice Experience in this precise field.
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