NJSBA Family Law Section

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  • 1.  Filing fee for Answer to Counterclaim

    Posted 11-17-2015 04:17 PM

    I think that this was addressed before but I can't locate the posts.

    I filed an answer to divorce counterclaim in 2 different cased and 2 different counties.

    One county accepted it without asking for $175 filing fee; another wants $175 fee.  I know that the fees were increased and changed recently, but which is it?  

    Do we have to pay $175 on filing an Answer to Counterclaim, on top of having already paid the filing fee of $300 for the complaint?

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    J. Tyrpa, Esq.
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  • 2.  RE: Filing fee for Answer to Counterclaim

    Posted 11-17-2015 04:23 PM
    Yes, that is the current policy (plaintiff paying $175 for an Answer to a Counterclaim).  This means plaintiffs pay a total of $475.00 in initial filing fees if they want to respond to the defendant's counterclaim.  This is ridiculous and unfair but, unfortunately, that is the current policy.  


    Gregory Thomlison, Esq.
    Law Office of Stacey D. Kerr, Esq.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100

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  • 3.  RE: Filing fee for Answer to Counterclaim

    Posted 11-17-2015 04:30 PM

    Not all counties have started that procedure yet.  Hunterdon and Warren haven't begun charging it yet, but Morris and Middlesex do.  Go figure.  I believe I read somewhere they have until January to implement it.  Totally unfair.

     

    Janis Noviello, Assistant to

    Therese H. Thompson, Esq.
    39 Main Street
    Clinton, NJ 08809
    (908) 238-0401
    Fax (908) 238-0403

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  • 4.  RE: Filing fee for Answer to Counterclaim

    Posted 11-17-2015 05:29 PM

    File an appearance to the counterclaim. That's what I am now doing and it only is a $50 filing fee. Silly, I know.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

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  • 5.  RE: Filing fee for Answer to Counterclaim

    Posted 11-17-2015 05:28 PM

    Yes, it is universal now throughout the State.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

    IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

    Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you
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