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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33776
Experience:  Began practicing law in 1992
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Need help on NJ rule of civil procedure

Customer Question

need help on NJ rule of civil procedure
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
My sister served a Complaint filed by the Debt collector Law Firm filed on behalf ? of Original creditor. She filed an Answers +Defenses+Counterclaims but she did not do correctly when putting The Law firm in the counterclaims also, The law firm came back saying we have to bring in the Third party counterclaims. So Please help us how to do that.
Expert:  Dwayne B. replied 1 year ago.

We aren't allowed to draft papers for you or even provide specific language. I can tell you what I think they are saying she did wrong if that is sufficient, but she really needs to have someone look over all of the paperwork in person and then have them help her draft the papers, which would require that she hire a local attorney.

Let me know if she wants me to tell her what I think she did wrong, based on what you put above.

Customer: replied 1 year ago.
could I consult with you over the phone ?
Expert:  Dwayne B. replied 1 year ago.

I don't do telephone consultations. You can list an Additional Service and another expert may pick up. If that happens then you actually get two experts for the price of one so it works out well for the customers. You should receive an email or have a place on your screen where you can select Additional Service.

Customer: replied 1 year ago.
does she has to file separate Complaint or just include it in the same answer but just a separate section ( Third Party counterclaims ). Can she Amends her answer ?
Expert:  Dwayne B. replied 1 year ago.

If she wants to add someone that is not an original party, like the law firm, then she would have to add them as a third party via a cross claim.

Sometimes the court will allow an amendment but the court may also require her to file a Motion to Add a Third Party Defendant.

It is more than just an amendment of an answer since it is, in addition, adding a party and a cross claim.

Expert:  Dwayne B. replied 1 year ago.

To be safe she could file an Amended Answer and then file a separate document adding the law firm as a third party.