Filing Fees

6. RE: Filing Fees

Recommend

Siobhan Fuller, Esq

Posted 03-22-2016 06:05 PM

I have filed several Substitutions over the last few months, and I paid each time. I was the Superseding attorney.

Very truly yours,
Siobhan Mary Fuller, Esq.
176 Morris Street, First Floor

Morristown, NJ 07960

[email protected]

(973) 349-8055

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Original Message

8. RE: Filing Fees

Recommend

David Perry Davis, Esq

Posted 03-22-2016 09:31 PM

Recently discussed.

I believe NJSBA wrote to the AOC over the issue. It's imposing a new fee, which requires legislation, rather than changing one, which AOC may do via rule. They're milking these fees a bit too hard.

Some counties will let you duck it by filing an Appearance as to the counterclaim rather than an Answer.

-DPD-

Sent from my iPhone.

------------------------------
_______________________

David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
_______________________

Original Message

9. RE: Filing Fees

Recommend

Robert E. Goldstein, Esq

Posted 03-23-2016 07:43 AM

Daniel Rosner, President of NJAJ, wrote the letter dated Feb. 16, 2016. I am co-chair of NJAJ's Matrimonial Law Section. Gary Borger, Jeff Bloom and I helped draft the letter to Judge Grant.

We do not believe there is a valid legal underpinning for some of the new feed.

As far as I know, no response to the letter sent has been received to date.

The Middlesex County Bar Association has passed a resolution asking that the Answer to Counterclaim fee and the Notice of Appearance fee in post judgment FM motions be vacated. To the best of my knowledge, this resolution has been distributed to the AOC, the NJ Supreme Court, etc.

If this type of fee generation on the backs of our clients continues, who knows where it will lead to next?

The Clerk of Superior Court, Michelle Smith, has agreed to meet with the Bar on May 16, 2016 at 5 pm in New Brunswick to discuss these issues. If we have enough lawyers in this State willing to attend, we probably can have this meeting at the Middlesex County Family Courthouse.

If you care about what is happening to our clients and the family law practice in NJ, I urge you to attend the May 16 meeting. Anyone interested may contact me directly.

By the way, I recently tried filing an Appearance in response to a counterclaim but our collateral account was charged the full $175.00 as the clerk's office felt it was equivalent to an Answer. Many lawyers are now not even filing answers to counterclaims to avoid the $175.00 filing fee for their clients. But I think we should tackle this issue head on.

At the risk of upsetting my friend Peter Paras, Esq., I decided to reply on this issue in this forum. I think Peter will forgive me.

Robert E. Goldstein, Esq.

Drescher & Cheslow, P.A.

(732) 972-1600

[email protected]

Visit my website: www.mydivorcelawyernj.com

Original Message

10. RE: Filing Fees

Recommend

Jamie K. Von Ellen, Esq

Posted 03-23-2016 08:35 AM

I agree that tackling this head on is the correct approach.

However, in the meantime, until we have satisfactory resolution, instead of filing ANY answers to counterclaims, so as to avoid the fee, I am including in my complaint wherefore clauses:

"Denying any and all relief that may be asserted by way of Counterclaim".

Does anyone disagree that this will suffice?

Jamie K. Von Ellen, Esq.

Wolkstein, Von Ellen & Brown, LLC
959 S. Springfield Avenue
Springfield, New Jersey 07081
Phone (973) 376-1114 | Fax 973-376-6665
[email protected] | www.wvblaw.com

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Original Message

11. RE: Filing Fees

Recommend

Amy Wechsler, Esq

Posted 03-23-2016 08:58 AM

To Jamie's comment, you can try that approach but may still end up getting a dismissal notice if you don't answer the counterclaim. The counsel fees incurred in addressing that would likely outweigh the fee.

When we have cases that are settled with a signed MSA, this is yet another reason not to file a counterclaim, or even an answer. Lawyers can prepare an Acknowledgment of Service that indicates the defendant is not in the military, waives the 35 days to answer, and consents to entry of default based on the relief sought in the complaint, provided the only relief sought is divorce and incorporation of the MSA into the final judgment.

Amy Wechsler

Original Message

12. RE: Filing Fees

Recommend

W. S. Gerald Skey, Esq

Posted 03-23-2016 09:37 AM

I think we can all agree that the filing fee issues need to be addressed for all the reasons that have appeared. But I also think we need to consider why it is that we file Counterclaims in the first place. Time and again, I file Complaints under the standard (or what has become the standard) cause of action – irreconcilable differences. But it has also become standard policy for Defendants to file Counterclaims ALSO on the basis of irreconcilable differences. Frankly, it makes no sense. I raised this issue with a Presiding Judge recently and was told that If I did not file an Answer to such a Counterclaim, I would risk having my Complaint dismissed. None of it makes sense. So, unless we can change the process, the ancillary charges for divorcing parties with children amount to $725 when the $50 is added for the gold seal copies.

For reasons that escape me, litigants do not seem to be able to understand that a "Complaint" or "Counterclaim" is nothing more than a ticket of entry into the system where Judges never look at nor care about the cause of action. Not to get too political about it, but I have come to believe that the filing fee increases are nothing much more than a State effort to make the Judiciary more self funding thereby avoiding such political horror of raising taxes. These efforts are not limited to us as we see it in Municipal Courts throughout the State where fines for transgressions morph into a litany of additional charges that inflate the cost to Defendants significantly. This is just an example as the full list of similar charges in other areas is endless.

So, my own "remedy" is that I try to convince clients who have received a Complaint to file an Appearance preserving their right to respond to all demands but not to bother with Counterclaims. I would suggest that we all consider what benefits accrue upon the filing of a Counterclaim.

Please make a note that my telephone and fax numbers have changed as indicated below.

W. S. Gerald Skey, Esq.

Law Offices of W. S. Gerald Skey, Esq.

Princeton Commerce Center, Suite G-60

29 Emmons Drive

Princeton, New Jersey 08540

Phone (609) 436-5222

Fax (609) 228-5242

www.skeylaw.com

This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, you must not review, convert, copy, use or disseminate this e-mail or any attachment(s). Plese notify us by return e-mail and delete this message. If this e-mail contains a forwarded message or is a reply to a prior message, some or all of its contents or any attachment(s) may not have been produced by this Office. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, (i) for the purpose of avoiding tax penalites that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnerhip or other entity, investment plan, arrangement or other transaction addressed herein.

Original Message

13. RE: Filing Fees

Recommend

Teri S. Lodge, Esq

Posted 03-23-2016 09:47 AM

I agree. Happy to see I am not the only one who takes this approach.

Teri S. Lodge, Esq.

Afonso Baker Archie Foley & Lodge, PC

21 Route 130 South

Cinnaminson, New Jersey 08077

(856)786-7000 (Office)

(609)280-6291 (Cell)

Original Message

Original Message------

I think we can all agree that the filing fee issues need to be addressed for all the reasons that have appeared. But I also think we need to consider why it is that we file Counterclaims in the first place. Time and again, I file Complaints under the standard (or what has become the standard) cause of action – irreconcilable differences. But it has also become standard policy for Defendants to file Counterclaims ALSO on the basis of irreconcilable differences. Frankly, it makes no sense. I raised this issue with a Presiding Judge recently and was told that If I did not file an Answer to such a Counterclaim, I would risk having my Complaint dismissed. None of it makes sense. So, unless we can change the process, the ancillary charges for divorcing parties with children amount to $725 when the $50 is added for the gold seal copies.

For reasons that escape me, litigants do not seem to be able to understand that a "Complaint" or "Counterclaim" is nothing more than a ticket of entry into the system where Judges never look at nor care about the cause of action. Not to get too political about it, but I have come to believe that the filing fee increases are nothing much more than a State effort to make the Judiciary more self funding thereby avoiding such political horror of raising taxes. These efforts are not limited to us as we see it in Municipal Courts throughout the State where fines for transgressions morph into a litany of additional charges that inflate the cost to Defendants significantly. This is just an example as the full list of similar charges in other areas is endless.

So, my own "remedy" is that I try to convince clients who have received a Complaint to file an Appearance preserving their right to respond to all demands but not to bother with Counterclaims. I would suggest that we all consider what benefits accrue upon the filing of a Counterclaim.

Please make a note that my telephone and fax numbers have changed as indicated below.

W. S. Gerald Skey, Esq.

Law Offices of W. S. Gerald Skey, Esq.

Princeton Commerce Center, Suite G-60

29 Emmons Drive

Princeton, New Jersey 08540

Phone (609) 436-5222

Fax (609) 228-5242

www.skeylaw.com

This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, you must not review, convert, copy, use or disseminate this e-mail or any attachment(s). Plese notify us by return e-mail and delete this message. If this e-mail contains a forwarded message or is a reply to a prior message, some or all of its contents or any attachment(s) may not have been produced by this Office. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, (i) for the purpose of avoiding tax penalites that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnerhip or other entity, investment plan, arrangement or other transaction addressed herein.

14. RE: Filing Fees

Recommend

Lisa M. Radell

Posted 03-23-2016 09:58 AM

I remember it as a Hot Tip about 20 years ago. If a counterclaim is not filed by the defendant in the divorce and the plaintiff choose to dismiss the complaint (to the chagrin of the defendant who may be a stone's throw away from a final divorce) the litigation is terminated. If that defendant had filed a counterclaim, the plaintiff can dismiss her own claim but the case can proceed under the defendant's counterclaim. Other than if a Tevis-type claim is asserted in the counterclaim, I see no reason to file an answer to the counterclaim if the counterclaim is based on I.D. grounds and the relief requested does not go beyond that sought in the complaint.

Lisa M. Radell, Esq.

207 South Main Street

Cape May Court House, NJ 08210

Tel (609) 465-9910

Fax (609) 465-9920

Original Message

Original Message------

I think we can all agree that the filing fee issues need to be addressed for all the reasons that have appeared. But I also think we need to consider why it is that we file Counterclaims in the first place. Time and again, I file Complaints under the standard (or what has become the standard) cause of action – irreconcilable differences. But it has also become standard policy for Defendants to file Counterclaims ALSO on the basis of irreconcilable differences. Frankly, it makes no sense. I raised this issue with a Presiding Judge recently and was told that If I did not file an Answer to such a Counterclaim, I would risk having my Complaint dismissed. None of it makes sense. So, unless we can change the process, the ancillary charges for divorcing parties with children amount to $725 when the $50 is added for the gold seal copies.

For reasons that escape me, litigants do not seem to be able to understand that a "Complaint" or "Counterclaim" is nothing more than a ticket of entry into the system where Judges never look at nor care about the cause of action. Not to get too political about it, but I have come to believe that the filing fee increases are nothing much more than a State effort to make the Judiciary more self funding thereby avoiding such political horror of raising taxes. These efforts are not limited to us as we see it in Municipal Courts throughout the State where fines for transgressions morph into a litany of additional charges that inflate the cost to Defendants significantly. This is just an example as the full list of similar charges in other areas is endless.

So, my own "remedy" is that I try to convince clients who have received a Complaint to file an Appearance preserving their right to respond to all demands but not to bother with Counterclaims. I would suggest that we all consider what benefits accrue upon the filing of a Counterclaim.

Please make a note that my telephone and fax numbers have changed as indicated below.

W. S. Gerald Skey, Esq.

Law Offices of W. S. Gerald Skey, Esq.

Princeton Commerce Center, Suite G-60

29 Emmons Drive

Princeton, New Jersey 08540

Phone (609) 436-5222

Fax (609) 228-5242

www.skeylaw.com

This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, you must not review, convert, copy, use or disseminate this e-mail or any attachment(s). Plese notify us by return e-mail and delete this message. If this e-mail contains a forwarded message or is a reply to a prior message, some or all of its contents or any attachment(s) may not have been produced by this Office. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, (i) for the purpose of avoiding tax penalites that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnerhip or other entity, investment plan, arrangement or other transaction addressed herein.

15. RE: Filing Fees

Recommend

Mark F. Saker, Esq

Posted 03-23-2016 05:34 PM

BINGO!

Mark F. Saker, Esquire

Attorney ID #271831971

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Original Message

Original Message------

I think we can all agree that the filing fee issues need to be addressed for all the reasons that have appeared. But I also think we need to consider why it is that we file Counterclaims in the first place. Time and again, I file Complaints under the standard (or what has become the standard) cause of action – irreconcilable differences. But it has also become standard policy for Defendants to file Counterclaims ALSO on the basis of irreconcilable differences. Frankly, it makes no sense. I raised this issue with a Presiding Judge recently and was told that If I did not file an Answer to such a Counterclaim, I would risk having my Complaint dismissed. None of it makes sense. So, unless we can change the process, the ancillary charges for divorcing parties with children amount to $725 when the $50 is added for the gold seal copies.

For reasons that escape me, litigants do not seem to be able to understand that a "Complaint" or "Counterclaim" is nothing more than a ticket of entry into the system where Judges never look at nor care about the cause of action. Not to get too political about it, but I have come to believe that the filing fee increases are nothing much more than a State effort to make the Judiciary more self funding thereby avoiding such political horror of raising taxes. These efforts are not limited to us as we see it in Municipal Courts throughout the State where fines for transgressions morph into a litany of additional charges that inflate the cost to Defendants significantly. This is just an example as the full list of similar charges in other areas is endless.

So, my own "remedy" is that I try to convince clients who have received a Complaint to file an Appearance preserving their right to respond to all demands but not to bother with Counterclaims. I would suggest that we all consider what benefits accrue upon the filing of a Counterclaim.

Please make a note that my telephone and fax numbers have changed as indicated below.

W. S. Gerald Skey, Esq.

Law Offices of W. S. Gerald Skey, Esq.

Princeton Commerce Center, Suite G-60

29 Emmons Drive

Princeton, New Jersey 08540

Phone (609) 436-5222

Fax (609) 228-5242

www.skeylaw.com

This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, you must not review, convert, copy, use or disseminate this e-mail or any attachment(s). Plese notify us by return e-mail and delete this message. If this e-mail contains a forwarded message or is a reply to a prior message, some or all of its contents or any attachment(s) may not have been produced by this Office. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, (i) for the purpose of avoiding tax penalites that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnerhip or other entity, investment plan, arrangement or other transaction addressed herein.

NJSBA Family Law Section

Marla Marinucci, Esq03-22-2016 04:47 PM

Mark F. Saker, Esq03-22-2016 04:58 PM

Lisa M. Radell03-22-2016 05:07 PM

Marla Marinucci, Esq03-22-2016 05:07 PM

Mark F. Saker, Esq03-22-2016 05:20 PM

Siobhan Fuller, Esq03-22-2016 06:05 PM

Karen R. Scheiner, Esq03-22-2016 07:16 PM

David Perry Davis, Esq03-22-2016 09:31 PM

Robert E. Goldstein, Esq03-23-2016 07:43 AM

Jamie K. Von Ellen, Esq03-23-2016 08:35 AM

Amy Wechsler, Esq03-23-2016 08:58 AM

W. S. Gerald Skey, Esq03-23-2016 09:37 AM

Teri S. Lodge, Esq03-23-2016 09:47 AM

Lisa M. Radell03-23-2016 09:58 AM

Mark F. Saker, Esq03-23-2016 05:34 PM

Geraldene Sherr Duswalt, Esq03-24-2016 06:22 AM

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