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New Jersey, regarding receivership and warrants. At this…

New Jersey , regarding...

New Jersey , regarding receivership and warrants

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6/25/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,680
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Customer reply replied 1 month ago
receiver was ASSIGN TO My company , then a WEEK LATER BRAKES INTO MY PRIVATE STORAGE AND TAKES MONEY AND OTHER Valuables , I told him the order clearly states Receivership is for Company not my private person. He broke and enter the storage without a warrant. I am filing a motion with case law from NJ arguing he was in violation of my 4th amendment rights and TO RETURN THE MONEY and also motion to remove Receiver as this is for enforcement of an Alimony Contract and is cruel and unsual punishment as the judge says I have to pay receiver for Next 2 years What else you have to advise?? I want the Lawyer Ely
If the receiver is acting against interests of company can ask the court to review and if needed remove or replace.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
Ok thank you , I am not sure if your familiar w receivership statutes in NJ , but there are 2 types general receiver
and custodial receiver important distinction between the 2 , A custodial receiver has no right to possesion of all the the debtors possession and in this case the Custodial receiver broke and stole property
does it sound to you like he is in violation of 4th amendment and during the Alimony hearing I had no lawyer
I told the judge I could not answer any question without a lawyer , she said I took to long to get a lawyer
and in this civil case i dont need a lawyer and she still assign the receiver
Do you know of any case law in NJ of an ALIMONY CONTRACT BEEN ENFORCE W A RECEIVER??
Customer reply replied 1 month ago
Hmmm?
I have not found reported decisions in that regard.
I am familiar with the distinction. What can I add or clarify?
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Customer reply replied 1 month ago
read this order
Not following. Please let me know if the reply is acceptable by responding “yes” or “acceptable”. If you need any clarification on your answer please just reply back and ask me. I will be glad to comment further. If you have a follow up, please hold off on rating and you can rate once in the end when I address your follow up. There may be a short delay if I am helping another customer or have internet issues but I will be back to you if you need me
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Customer reply replied 1 month ago
John Doe is appointed as Custodial receiver of NMT Corp for 2 yrs
anyone with an interest or affected can petition to have such person removed where violating fiduciary duty.
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Customer reply replied 1 month ago
plaintiff motion to order payment of all outstanding support and equitable distribution from defendant individually and NMT corp is granted
Customer reply replied 1 month ago
The custodial receiver has no right to possession of of all debtors property
Ok. Did you have another question?
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Customer reply replied 1 month ago
the question is the custodial receiver broke into my personal storage and stole all my money
Customer reply replied 1 month ago
he had no right to do this and broke my 4th amendments rights?
It is a conversion and you have a right to fully recover! You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
If he been appointed as a General Receiver of the Estate than he could have brake into my storage would you agree with that??
Only if court permits it and even then cannot take it. He must safeguard it.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
do you agree he broke my 4th amendments rights? with no court order??
He is not the police so it’s not Fourth amendment but it is illegal and actionable as a conversion and breach of fiduciary duty.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
Whats a conversion??
Customer reply replied 1 month ago
i mean what is actionable as a conversion??
Conversion is legal term for illegal taking of property!Please click on the 5 star rating. ***** If you dont see it, just reply “5 stars” or “*****.” That’s how I get credit by the site. Thanks!
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,680
Experience: Licensed attorney helping individuals and businesses
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INFOLAWYER and 87 other Legal Specialists are ready to help you
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Awaiting your reply, thank you!
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Customer reply replied 1 month ago
what are the statutes in NJ regarding Custodial vs General receivership??
They are spread around and you may access for free on google scholar.Also see https://www.njcourts.gov/attorneys/assets/rules/r4-53.pdf
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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