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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I hired a cpa to be my expert witness in a law div case against

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I hired a cpa to be my expert witness in a law div case against a bank for filing a wrongful foreclosure action. The cpa was to quantitate damages so I could justify my request for damages over 1M. The cpa took a 7K retainer and in 2 months demanded an additional 22k. I demanded to see a report and he declined. I fired the attorney, ineffective representation, and went to represent myself prose. Told the judge I needed more time to get report from my expert witness. Judge advised I had no expert witness and the time to enter one had passed. I was given a copy of the court's order and memorialized within is the timeline. I signed the contract with the cpa 4 days after the deadline to exchange expert witness. Attorney made no effort to enter cpa as expert with the court.CPA had no ability to represent and took monies. CPA and his attorney, hired to retrieve 22k, unilaterally received judgment without serving me doc for rebuttal. Court gave judgment despite motion file by me two weeks prior and scheduled to be heard in 3 days. Judgment seems premature and judge also appointed receiver who entered unto rental units and advised tenants to pay him rental monies and to refer maintenace issues to his firm. I thought the rules for debt collection forbids this kind of action. What are all counts that I can use to sue cpa and attorney and judge. I believe this is fraud, malpracitce and racketeering. Is this criminal and civil? I notified attorney general, senator of nj, gov Christie's agency, local rep, attorney ethics committee, board of accountancy. Any other agencies. Give me all counts to file and elements needed for each count to satisfy nj court rule
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

It sounds like what has happened here is your attorney has committed malpractice by not submitting the expert witness to the court as required before the deadline. This means you are now going to have to sue the attorney for all of your losses in this case because it was his duty to properly represent you and file things in a timely manner. This is a civil litigation, not a criminal matter.

A legal malpractice action is rooted in the tort of negligence and "accrues when an attorney's breach of professional duty proximately causes a plaintiff's damages." Grunwald v. Bronkesh, 131 N.J. 483, 492 (1993). The requisite elements of a legal malpractice claim require the plaintiff to demonstrate: (1) the existence of an attorney-client relationship, which creates a duty of care upon the attorney; (2) breach of the duty by the attorney; and (3) proximate causation of actual damages. Conklin v. Hannoch Weisman, 145 N.J. 395, 416 (l996); Sommers v. McKinney, 287 N.J. Super. 1, 10 (App. Div. 1996).

In your case the attorney had a legal duty to abide by the court order and also to properly represent you and he failed to do either and as such is negligent in breaching that professional duty. You should also have a legal expert to testify as to what his professional duty and standard of care he should have exercised should have been.

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Customer: replied 4 years ago.

please comment on the debt collection practice with the assignment of recievership by judge,a law firm, to collect monies from my tenants. Can they enter onto my premises knock on doors and request that funds be diverted to appointed receiver. The motion for a stay on all proceeding is before judge 5/3/13. Entrance to my business and intro to my tenants occured 4/29/13. Judge gave judgment 4/8/13. Motion filed 3/15/13.

Thank you for your follow up.

Until the motion for stay is actually granted, the receiver may collect rents on the property, as the receiver is authorized to collect all receivables of the receivership estate and to pay all creditors from those funds. So, yes, until the judge orders a stay on the receivership, the receiver can do this I am afraid.
Customer: replied 4 years ago.

What was the basis for giving judgment. Judge did not hear any case and the money she is attempting to collect is for the cpa who provided no service and had no capacity to represent me as an expert witness and who is attempting to commit fraud against me.

Thank you for your follow up, but realize I do not know why the court ruled against you in the matter because I do not have the case file and information on your case. That is a matter for your appeal, for which I am presuming you are seeking the stay so you can file one.

From what I can piece together from the very limited information you stated above, it sounds like the judge issued a default or summary judgment (but again you have not disclosed the detailed facts to me) against you because your attorney committed malpractice and did not qualify the expert witness in your case.

As far as the money due the CPA, if the CPA did not perform the services he was hired to perform at the price he agreed upon and is trying to collect more, you need to take action against the CPA and file a breach of contract case against him for his failure to perform.
Customer: replied 4 years ago.

No to summary judgment.This was not filed by either party. I never got served papers to request judgment would have objected. Blind sided by the judgment verdict and the collection practice and the award by the judge monies to a cpa who could not perform. Not sure what the judge is thinking. There are rules procedures to follow. I am not getting paperwork and lots of back door things going on. I have contacted all agencies for help and to lend oversight to this proceeding.

Thank you, XXXXX XXXXX no idea without knowing all of the facts (of which I am completely uninformed) and seeing the reason the court gave for the judgment as to why the court did this. However, why they did this is irrelevant for the purpose of your original question, since you have a right to appeal and I gather from what you said you are appealing.

As far as why they did this, that is a completely different question for which I would have to know all of the details and facts of the case to try to figure out why the judge issued the judgment at this point in the case and I have never been given any of that information so I have no idea why the court did this.

You have to appeal of course if the judge awarded this CPA money despite being in breach of his contract with you, but I cannot know what the court's reasoning was without reviewing the case files and facts none of which I have been given. I do apologize.
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