Re: Question regarding execution of NJ Special Civil Part judgment and appeal

Re: Question regarding execution of NJ Special Civil Part judgment and appeal

What is the name of your state? New Jersey

Hi,

I was the plaintiff in a special civil part case in Hudson Co. I sued two individuals, but I put both their names and addresses individually on the Special Civil Part summons and return of service documents filed with the court. They were both listed separately and served separately. They both responded separately, but same court date, same hearing.

The primary Defendant A was sued for $4,000 and Defendant B, his associate, was sued for $2,000, for a web development project totaling $6,000.00. Bottomline, these defendants took 2.5 years to do a job they said would take three months. We had to deal with every excuse imaginable--every excuse. The judge steam rolled them in court and ruled in our favor for the full $6,000. The Main defendant A is now appealing the decision and filed within 45 days. He has counsel now.

Defendant B has not filed a motion to appeal within the 45 day allotment. Defendant B was supposedly a subcontractor of Defendant A, but we paid him directly in his personal name. We think he is assuming that he is covered by Main Defendant A's appeal. However, the final judgment was against both of them. The judge never made any distinction between the amount the defendants owed and simply ruled in favor of plaintiff for $6,000.

I would be grateful if you could answer my questions.

1. Is defendant 2 covered under main defendant's appeal? Depending on the outcome of the Defendant A's appeal, are we legally entitled to go after defendant 2 for the FULL $6,000 amount, even though his portion was really $2,000. The judge never made any distinction. Defendant B never filed for appeal.

2. Is it true that in New Jersey, the Main Defendant A's attorney can only argue the validity of the judge's application of law towards the testimony in the transcript? I was told that they can't bring new evidence or witnesses to an appeal.

3. How long do these cases approximately take to get heard in the appellate system?

Thank you for your time and valuable insight.

Both defendants are probably covered by the appeal since there is essentially one case; however, some of the more experienced members may offer a better interpretation of this. You will not be allowed to double dip on the judgment if/when it comes time. However, you may be able to recover the full amount from one party so keep your eye on the ball and find out who has the ability to pay.

No new evidence or material can be introduced in the appeal. The Court will not allow that. If they did there would be no finality to the litigation and it could go on forever.

The appeal can take 2 years and eat a good hole in the wallet which will be the defendants in this case. You actually have to do very little other than just let it play out. YOU do not have to reply to their appeal if you are comfortable with your position.

Is defendant 2 covered under main defendant's appeal?

I probably agree with Rexlan, but we’re both saying “probably”. You say that you sued A for $4,000 and B for $2,000. Did you make that distinction in the Complaint, alleging a cause of action against A for one sum and a c/a against B for the other figure? Did you name them separately or something like “A and B, individually, jointly and severally . . .for $6,000? Did the Court make a distinction in its judgment or was it simply “in favor of plaintiff in the sum of $6,000”?

You say that A “has counsel now”, implying that neither did before. Did they respond together or file separate responses? I certainly agree with the remainder – no double dipping and you may or may not already have an enforceable judgment against B for the $6,000. A little more detail about the forms of pleadings would help.