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A plea agreement is a way to settle a case. Plea agreements in municipal court are negotiated with the prosecutor, an attorney who represents the state. You will be given the opportunity to speak to the prosecutor to try to settle your case. You are not …
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If you plead guilty in court, the judge will ask questions regarding the offense charged to make sure there are facts to support the guilty plea and to determine that your plea is voluntary. The judge will then make a finding and impose a sentence. If you …
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If you plead not guilty, the judge will preside over a trial to determine whether you are guilty or not guilty. The trial may be held that day, but in certain circumstances it may be rescheduled. In a trial, the prosecutor first will call the state’s …
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Yes. For certain offenses, where a court appearance is not required, you can find out the total amount that you must pay if you plead guilty and pay through NJMCdirect.com NJMCdirect.com . You can obtain more information about the municipal courts and the …
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You will be required to pay all monetary penalties, as ordered by the judge. Under certain circumstances, the court can permit you to pay over a period of time. You will be given instructions on how to comply with any other parts of your sentence. … What …
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If you disagree with the judge’s decision, you may appeal, but if you appeal, you must file the appeal within 20 calendar days of your conviction. You will be required to pay a deposit that will be applied against the cost of preparing a transcript of the …
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People who do not come to court when summoned or subpoenaed, make payments as required, or comply with other requirements of their sentences, face additional punishments including fines, drivers’ license suspensions, arrest and jail. For more information …
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If the defendant does not file an answer, he or she is deemed to have admitted the claims in the foreclosure complaint. The Plaintiff's attorney can seek entry of default against the defendant and thereafter seek a final judgment of foreclosure. … If I …
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The SCCO cannot provide legal advice and will not advise a defendant to file an answer or not to file an answer. An attorney can evaluate a defendant's circumstances and help him determine whether it is in his best interest to file an answer after the 35 …
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We cannot provide legal advice. An attorney could advise you whether you might benefit from filing an answer after 35 days. Also See question " Should I answer even though my 35 days are up? Should I answer even though my 35 days are up? " above. … If I …
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Working out a deal with the lender will not automatically stop the foreclosure proceeding. An attorney can evaluate a defendant's circumstances and help him determine whether it is in his best interest to file an answer. … I've worked out a deal with the …
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Numerous parties can be named in a foreclosure case who are not the borrower but who have a legal interest in the outcome of the foreclosure action, such as judgment creditors, tenants, or secondary mortgage lien holders. An attorney can evaluate this …
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Legitimate residential tenants have the right to stay in the property even though the property is being foreclosed upon. Until ownership of the property changes or the tenant is otherwise informed by the court or mortgage holder, the tenant should …
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Answers are reviewed to determine whether the answer is contesting or non-contesting. If the answer is determined to be contesting it is transferred to the General Equity judge in the county of venue (the county in which the foreclosed property is …
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How long it will take for a judge to hear a contested case cannot be determined definitely. After a contested answer is filed and transferred to the General Equity judge, the Plaintiff's attorney will often file a motion for summary judgment or to strike …
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The SCCO cannot speculate as to why no other pleadings were filed by the Plaintiff or why a Plaintiff has not dismissed the case. The defendant may contact the Plaintiff's attorney to discuss their concerns regarding these matters. If a defendant feels he …
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There are several types of motions that may be filed in relation to a foreclosure proceeding. Some motions should only be filed with the Office of Foreclosure, while others should only be filed with the General Equity judge in the county of venue (the …
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The foreclosure file will contain only those documents which the court requires to be filed in a Foreclosure proceeding. Generally, the foreclosure file will not include correspondence the mortgage company has sent to the borrower about the defaulted …
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The SCCO cannot provide legal advice or legal analysis of any kind. If a defendant has a question regarding the legality of the mortgage company's actions, he should consult a private attorney. An attorney would have the legal expertise necessary to …
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The following documents are most commonly filed in foreclosure actions: Foreclosure Complaint . This document is filed by the lender (plaintiff), usually a bank or mortgage company, after the debtor-homeowner (defendant) defaults on his or her loan. The …