Relief Now Available from Fines for Failure to Pay Surcharges

Steven J. Richardson | May 27, 2010

Prior to January 16, 2010, if you owed motor vehicle surcharges for a conviction like drunk driving, failed to pay them, and as a result had your driver’s license suspended, you would be assessed an additional $3,000 fine.  Even worse, this liability for the fine would be automatically reduced to a judgment against you until [...]

Warrantless Search by Police Limited on “Reasonable Suspicion.”

Steven J. Richardson | May 24, 2010

On May 21, 2010, the New Jersey Appellate Division ruled that police cannot enter and search a private residence with only a “reasonable suspicion” of criminal activity (the standard under Terry v. Ohio, a 1968 U.S. Supreme Court case).  In the case of State v. Jefferson, police officers were investigating drug dealing and possible gun-play, [...]

NJ Supreme Court to Consider Whether Refusal = DUI

Steven J. Richardson | May 20, 2010

In a February post, I reported on an Appellate Division ruling that a conviction for refusal to submit to a breath test equates to a prior DUI for sentencing purposes if that person is subsequently convicted of drunk driving.  In other words, if someone is convicted of drunk driving for the first time, but had [...]

How to Fight Claims on Old Debt

Steven J. Richardson | May 18, 2010

In this bad economy, more and more creditors are selling off their old debt to entities called “factors,” who then sue to collect.  The creditor wins because they get paid money they might not have ever received, while the factor wins because they buy the debt at a discount, then go after the debtor for [...]

If Your Economic Circumstances Change, So Can Your Bankruptcy Plan

Steven J. Richardson | May 13, 2010

One of the intimidating parts of a chapter 13 bankruptcy is the plan of repayment, which can be anywhere from three (3) to five (5) years long, depending on your circumstances.  People fear that they are locking in to something now that they might not be able to afford in a year or two due [...]