Ken Vercammen's NJ Laws email newsletter March 20, 2005 #181 In this issue: 1. Civil Discovery 2. Consumer Bankruptcy will be Limited under tougher rules 3. Knee Injuries in Accidents 4. Alcotest 7110 DWI Breath Test Machine seminar 5. New links added to njlaws.com of community organizations _________________________________ 1. Civil Discovery The following events occur in most civil cases. First a Complaint and Case Information Statement is prepared by your attorney. It is filed with the Superior Court, Law Division. Your attorney then will prepare a Summons and have the defendants personally served with the Summons and Complaint. The defendant must file an "Answer" within 35 days. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. In Personal Injury cases the plaintiff's attorney will demand the Defendant provide Certified Answers to Uniform Interrogatories Form C, plus C(1) Interrogatories in Auto cases or C (2) if this is a non- Auto case), to be answered within 60 days pursuant to Rule 4:17-1 et seq. The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed. You must answer each and every question as detailed as possible. Do not answer any of the questions with, "see doctor's report" or "see bills." We strongly recommend you visit the accident site if possible to refresh your recollection as to distances and buildings nearby. Your attorney will later type up your answers and mail a copy back to you for your records. Request for Production of Documents Your attorney will also demand a Request for Production of Documents pursuant R. 4:18-1, which includes a Demand for Discovery of Insurance. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from twelve months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. More information on Civil Discovery is set forth on our new website article: http://www.njlaws.com/civil_discovery.htm ______________ 2. Consumer Bankruptcy will be Limited under tougher rules File Bankruptcy Now to discharge debts. For the first time in 25 years, substantial bankruptcy law reform is probable. The Senate voted 74-25 to overhaul the bankruptcy laws and to make it more difficult for people to have a fresh start. Bankruptcy judges would have to consider a debtor's ability to repay in determining how the debtor is treated. It is recommended that if someone is considering filing for bankruptcy, they consult with a bankruptcy attorney immediately before it is too late. Past Bankruptcy exemptions- Items which a debtor can ordinarily keep when they file a Chapter 7 discharge bankruptcy petition Real property $16,150 for equity in property that is used as a residence (the "homestead" exemption) $32,300 married Section 522 (d)(1) Car $2,575 in equity in a motor vehicle; $5150 married Section 522 (d)(2) Household goods $425 in one item and $8,625 of equity in household goods and furnishings; $17,250 married Section 522 (d)(3) Jewelry $1,075 in jewelry; $2,150 married Section 522 (d)(4) "Roll-over" exemption of up to $8075 of the unused homestead exemption, in any property, including small bank accounts. $16,150 married Section 522 (d)(5) Tools of the trade $1,625, $3,250 married Section 522 (d)(6) Unmatured life insurance All Term life Section 522 (d)(7) Life insurance value $8,625 $17,250 married Section 522 (d)(8) Health Aids (unlimited) Section 522 (d)(9) Right to receive certain income- social security, unemployment, disability, alimony, support and certain IRA, SEP, Keogh or retirement pension Section 522 (d)(10) Damage awards- crime victim, dependent receiving life insurance, personal injury up to $15,000 Section 522 (d)(11) _________________ 3. Knee Injuries in Accidents Persons who fall down or are in car accidents often do not feel pain in their knee until the next day. Testing for knee damage could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests. New article on website www.njlaws.com http://www.njlaws.com/knee_injuries_in_accidents.htm ___________________ 4. Events: 1. NJSBA Municipal Court Practice Section meeting- Date: Monday, March 28 4:00-6:00 p.m. Location: NJ Law Center One Constitution Square New Brunswick, NJ There is no fee for NJSBA members to attend this meeting. For more information or to register, contact the Meetings Department at 732-249-5000 2. MIDDLESEX COUNTY BAR ASSOCIATION MUNICIPAL COURT PRACTICE COMMITTEE DINNER SEMINAR ANNOUNCEMENT Date: TUESDAY, MARCH 29, 2005 5:30 P.M. - 7:30 P.M. Place: NEW JERSEY LAW CENTER , NEW BRUNSWICK Topic: THE NEW ALCOTEST 7110 COMES TO MIDDLESEX COUNTY Speakers: PETER H. LEDERMAN, ESQ., Co-Lead Counsel, State v. Foley RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991) Moderator: Kenneth Vercammen, Esq., Chair, MCBA Municipal Court Practice Committee Cost: $35 for MCBA members & $45 for all others (includes handout materials and dinner) The seminar will focus on the following: How the Alcotest 7110 DWI Breath Test Machine Works Issues Raised in State v. Foley Strategies for Litigating Breath Test Cases in Middlesex County The seminar will be submitted for NJ, NY & PA CLE credit. Space is limited (43 already reserved). To RSVP: go to http://www.mcbalaw.com/downloads/munct_mar05.pdf; - send a reply email to jcowles@mcbalaw.com; or - call the Bar Office at (732) 828-3433, ext. 102. __________________ Edison Elks Officers Installation dinner- Saturday, April 2, 2004, at Ladies at 6pm. and Elks at 7pm. Cost is $20.00 for appetizers, buffet, dessert, and DJ entertainment ___________________________________ 5. New links added to njlaws.com of community organizations Ken is a member or involved in Edison Chamber of Commerce http://www.edisonchamber.com/ Metuchen Area Chamber of Commerce http://www.metuchen-nj.com/ Knights of Columbus http://www.kofc.org/index.cfm University of Scranton http://matrix.scranton.edu/default2.shtml Widener School of Law- Delaware Campus http://www.law.widener.edu/ Bishop George Ahr High School / St Thomas Aquinas HS http://www.bgahs.com/ St. Francis School http://www.diometuchen.org/cso/index.htm New York State Bar Association http://www.nysba.org/ Pennsylvania Bar Association http://www.pabar.org/ US SUPREME COURT http://www.supremecourtus.gov/ NJ Federal District Court http://pacer.njd.uscourts.gov/ South Brunswick Soccer Club http://www.sbsoccer.org/ Sandy Hookers Triathlon Club http://www.sandyhookers.org/tri/index.htm _____________________________ If You Are A Victim Of Bad Medical Malpractice, We Can Offer Suggestions Doctors and other health care providers are supposed to adhere to a reasonable standard of care when treating a patient. In rare instances, minimum standards are not met, and serious injuries occur as a result. When this happens, a person may have a medical malpractice claim. If you believe you are the victim of medical malpractice, schedule a free consultation. We can analyze your case and advise you if you have a strong claim. ___________________________ Congratulations Raritan Valley Road Runners win NJ State Championship at EQUINOX 20K RUN in Piscataway, NJ March 20 [20,000 meters is 12.4 miles] 40-49 year old Masters Division results at: http://www.compuscore.com/cs2005/march/equinox1.htm __________________________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 PHONE 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com "Celebrating 20 years of providing excellent service to clients 1985-2005" Free T- shirts and car coffee holders to all current and past clients. Please come into office. 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