New Jersey Legal Questions & Answers
73 plain-English answers to common New Jersey law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in New Jersey?
New Jersey property owners file with the County Tax Board by April 1 (May 1 in revaluation/reassessment districts) under N.J.S.A. 54:3-21. Properties assessed above $1 million may…
- How does the lemon law process work in New Jersey?
New Jersey's Lemon Law, N.J.S.A. 56:12-29 to 56:12-49, presumes a lemon after 3 repair attempts on the same defect, 1 attempt on a serious safety defect, or 20+ cumulative days…
- How much of my wages can be garnished in New Jersey?
New Jersey is stricter than federal for low earners. Under N.J. Stat. § 2A:17-50 and § 2A:17-56, garnishment is capped at 10% of gross wages if income is less than 250% of federal…
- How do I file a construction lien in New Jersey?
File Construction Lien Claim in county clerk within 90 days of last work (commercial) or 60 days (residential, after arbitration). Residential requires Notice of Unpaid Balance…
- What is the personal injury statute of limitations in New Jersey?
New Jersey provides 2 years for personal injury under N.J.S.A. 2A:14-2. Medical malpractice follows the same 2-year period with discovery rule. Claims against public entities…
- How does small claims court work in New Jersey?
New Jersey small claims handles disputes up to $5,000 ($3,000 for landlord-tenant security deposits) under N.J. Ct. R. 6:11. Filing fee is $15-$22. Attorneys are permitted…
- How do I set aside a default judgment in New Jersey?
Move under N.J. Court Rule 4:50-1 within a reasonable time, and within one year for mistake, newly discovered evidence, or fraud. You must show excusable neglect and a meritorious…
- Who is liable if a dog bites me in New Jersey?
New Jersey imposes strict liability under N.J.S.A. 4:19-16. Dog owners are liable for damages from bites when the victim is in a public place or lawfully on private property…
- What can I do if I'm a victim of identity theft in New Jersey?
New Jersey classifies identity theft as a 4th-degree to 2nd-degree crime under N.J.S.A. 2C:21-17. Credit freezes are free under federal law. The NJ Identity Theft Prevention Act…
- How does comparative fault work in New Jersey?
New Jersey follows modified comparative fault with a 51% bar under N.J.S.A. 2A:15-5.1 — a plaintiff more than 50% at fault recovers nothing. The Comparative Negligence Act and…
- How do I file a public records request in New Jersey?
The New Jersey Open Public Records Act (OPRA, N.J.S.A. § 47:1A-1 et seq.) requires agencies to respond within 7 business days. Copy fees are $0.05 per letter page, $0.07 per legal…
- What is the statute of limitations for contract claims in New Jersey?
New Jersey gives 6 years to sue on both written and oral contracts under N.J.S.A. § 2A:14-1. Sale-of-goods claims fall under N.J.S.A. § 12A:2-725 with a 4-year SOL from tender of…
- What money in my bank account is protected from creditors in New Jersey?
New Jersey gives a $1,000 personal-property exemption under N.J.S.A. § 2A:17-19 plus 90% of debtor's wages under § 2A:17-56. Federal benefits get automatic two-month protection…
- How do I appeal a denied Social Security disability claim in New Jersey?
New Jersey's Division of Disability Determination Services (DDDS), within the Department of Labor and Workforce Development, handles initial SSDI/SSI reviews from Trenton and…
Criminal (10)
- What are DWI penalties in New Jersey?
New Jersey N.J.S.A. 39:4-50 sets a .08 BAC limit (.04 commercial, .01 under 21). DWI is not a crime in NJ — it is a traffic offense. A first offense (BAC .08-.099) carries no jail…
- How do I expunge a criminal record in New Jersey?
New Jersey's Clean Slate Act (signed Dec. 2019, effective June 15, 2020) created the most expansive expungement in the country: ALL eligible convictions can be expunged after a…
- How do I get a concealed carry permit in New Jersey?
Following NYSRPA v. Bruen (2022), New Jersey replaced its 'justifiable need' standard with a shall-issue framework under A4769 (2022). You apply through the local police chief…
- What are the search warrant requirements in New Jersey?
New Jersey search warrants are governed by N.J. Ct. R. 3:5-1 et seq. A sworn affidavit of probable cause must be presented to a Superior Court judge. Rule 3:5-6 codifies…
- Can I legally record a phone call or conversation in New Jersey?
New Jersey is a one-party consent state under N.J.S.A. 2A:156A-4 (Wiretapping and Electronic Surveillance Control Act). A party to the conversation, or someone with consent of one…
- How does bail work in New Jersey?
New Jersey REPLACED cash bail with risk-assessment-based release effective January 1, 2017, under the Criminal Justice Reform Act (N.J.S.A. 2A:162-15 to 2A:162-26). Commercial…
- How does plea bargaining work in New Jersey?
New Jersey plea bargaining is governed by R. 3:9-1 to 3:9-3. Guilty pleas are routine; nolo contendere is allowed only by court consent, and Alford pleas (called 'best interest'…
- How do I sue police for misconduct in New Jersey?
42 U.S.C. § 1983 is the federal vehicle. NJ has not abolished QI but the New Jersey Civil Rights Act (NJSA § 10:6-1 et seq.) creates a parallel state cause of action mirroring §…
- When can a private citizen make a citizen's arrest in New Jersey?
New Jersey recognizes a narrow common-law citizen's arrest doctrine. A private person may arrest for a felony actually committed in their presence, or where a felony has been…
- What pretrial diversion or drug court programs exist in New Jersey?
New Jersey runs statewide Pretrial Intervention under N.J.S.A. 2C:43-12 et seq., Conditional Discharge for drug offenses under 2C:36A-1, Conditional Dismissal for first-time…
Employment (10)
- What is the minimum wage in New Jersey?
New Jersey's minimum wage is $15.49/hour effective Jan. 1, 2025, for most employers under N.J.S.A. 34:11-56a4. Small employers (<6 workers) and seasonal employers pay $14.53…
- How do I file a workers compensation claim in New Jersey?
New Jersey workers' comp is governed by N.J.S.A. 34:15-1 et seq. and administered by the Division of Workers' Compensation within the Department of Labor and Workforce…
- How do I file for unemployment benefits in New Jersey?
File online at myunemployment.nj.gov. NJ pays $151-$854/week (one of the highest caps) for up to 26 weeks. Need 20 base-period weeks at $283+ per week, OR $14,200 in total…
- What is wrongful termination in New Jersey?
New Jersey is one of the most employee-friendly states. The New Jersey Law Against Discrimination (NJLAD, N.J.S.A. 10:5-12) is exceptionally broad. The Conscientious Employee…
- How do I file a workers' compensation claim in New Jersey?
Notify your employer within 14 days (preferably; statutory bar at 90 days) under N.J.S.A. 34:15-17, and file a Claim Petition with the Division of Workers' Compensation within 2…
- Can I sue for wrongful termination in New Jersey?
New Jersey recognizes the Pierce public-policy tort and the Woolley implied-contract doctrine. LAD (N.J.S.A. 10:5-1) and CEPA (N.J.S.A. 34:19-1) are among the most…
- What are my rights against workplace harassment in New Jersey?
The NJ Law Against Discrimination (N.J.S.A. 10:5-1) covers all employers (1+) with a 2-year SOL. Standard remains 'severe or pervasive' (Lehmann v. Toys 'R' Us). S121 (2019) voids…
- Can my employer drug test me in New Jersey?
New Jersey's CREAMM Act (N.J.S.A. 24:6I-52(a)) prohibits discrimination based on off-duty cannabis use and bars adverse action based solely on a positive cannabinoid test…
- Are non-compete agreements enforceable in New Jersey?
New Jersey enforces non-competes under the three-prong Solari/Whitmyer test: the restraint must protect a legitimate employer interest, impose no undue hardship on the employee…
- How do I appeal an unemployment insurance denial in New Jersey?
The N.J. Department of Labor and Workforce Development administers UI under N.J.S.A. 43:21-1 et seq. Appeals to the Appeal Tribunal must be filed within 10 days personally…
Family (9)
- How do I file for divorce in New Jersey?
New Jersey requires 1-year residency (immediate for adultery). The state allows no-fault divorce after 6 months of irreconcilable differences or 18 months of separation. File a…
- How is child custody decided in New Jersey?
New Jersey decides custody on the best interest of the child under N.J.S.A. 9:2-4, applying 14 statutory factors. The Legislature has declared a public policy that minor children…
- How does alimony work in New Jersey?
New Jersey alimony was reformed in 2014 (N.J.S.A. 2A:34-23). It eliminated 'permanent alimony' and replaced it with 'open durational alimony' for marriages 20+ years. For…
- How is child support calculated in New Jersey?
New Jersey uses an Income Shares model under R. 5:6A and the New Jersey Child Support Guidelines (Appendix IX-A through IX-H of the Court Rules). Two worksheets: Sole Parenting…
- How do I get a marriage license in New Jersey?
Apply at the local registrar in the New Jersey municipality where either applicant resides (or where the ceremony will take place for non-residents). Fee is $28. New Jersey…
- How do I establish paternity in New Jersey?
New Jersey's Parentage Act, N.J.S.A. 9:17-38 et seq., lets parents sign a Certificate of Parentage (COP) under N.J.S.A. 9:17-41(b) that has the force of a judgment. Court actions…
- How does the adoption process work in New Jersey?
New Jersey adoptions are governed by N.J.S.A. 9:3-37 et seq. A surrender under § 9:3-41 may be signed any time after birth and is generally irrevocable on execution before a court…
- Are prenuptial agreements enforceable in New Jersey?
New Jersey adopted the UPAA at N.J.S.A. 37:2-31 to 37:2-41. A 2013 amendment removed the 'unconscionable at enforcement' test for property provisions, leaving execution-time…
- How do I get a restraining order in New Jersey?
New Jersey's Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) provides TROs and FROs. SASPA (N.J.S.A. 2C:14-13 et seq.) covers sexual assault victims; Stalking…
Housing (8)
- What are tenant rights in New Jersey?
New Jersey caps security deposits at 1.5 months' rent, requires return within 30 days with interest, provides one of the strongest 'just cause' eviction protections in the nation…
- What is the eviction process in New Jersey?
New Jersey gives tenants strong protection: nonpayment has no statutory pre-suit notice but requires good cause under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). Landlord files…
- What must a home seller disclose in New Jersey?
New Jersey has no statutory disclosure form, but follows the Strawn v. Canuso (1995) doctrine requiring sellers and brokers to disclose off-site conditions that materially affect…
- How do I dispute a security deposit return in New Jersey?
New Jersey caps deposits at 1.5 months' rent and requires landlords to return them within 30 days of move-out with an itemized statement and accrued interest (NJSA 46:8-21.1)…
- How Do I Dispute an Unfair HOA Assessment Bill in New Jersey?
New Jersey condominiums are governed by the Condominium Act (N.J.S.A. 46:8B-1 et seq.) and all common-interest communities by the Planned Real Estate Development Full Disclosure…
- What is the eviction process in New Jersey?
New Jersey requires good cause for nearly all evictions under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1. Nonpayment may proceed without a notice (rent demand recommended); other…
- What can I do if my landlord won't fix uninhabitable conditions in New Jersey?
New Jersey recognizes a robust implied warranty of habitability (*Marini v. Ireland*, 56 N.J. 130 (1970)). Repair-and-deduct is permitted with reasonable cost; rent withholding…
- How do I resolve an easement or boundary dispute in New Jersey?
New Jersey adverse possession requires 30 years for general property or 60 years for woodlands (N.J.S.A. 2A:14-30, 2A:14-31). Prescriptive easement requires 20 years (N.J.S.A…
Estate (8)
- How do I make a valid will in New Jersey?
New Jersey requires the testator to be 18+ and of sound mind (N.J.S.A. 3B:3-1). The will must be in writing, signed by the testator, and signed by 2 witnesses within a reasonable…
- How do I create a power of attorney in New Jersey?
New Jersey did NOT adopt the UPOAA. POAs are governed by the Revised Durable Power of Attorney Act, N.J.S.A. §§ 46:2B-8.1 to 46:2B-19. POA must be signed by the principal…
- How does probate work in New Jersey?
New Jersey probate typically runs 6-12 months under N.J.S.A. Title 3B. New Jersey has not adopted the UPC. Affidavit of surviving spouse/domestic partner is available up to…
- Can I disinherit my spouse or child in New Jersey?
New Jersey grants a surviving spouse an elective share of one-third of the augmented estate under N.J. Stat. § 3B:8-1, but only if the couple was not legally separated and living…
- How do I petition for guardianship or conservatorship in New Jersey?
New Jersey uses 'guardian of the person' and 'guardian of the estate' for incapacitated adults and minors under N.J.S.A. 3B:12-1 et seq. A separate 'conservatorship' under 3B:13A…
- How do I create an advance healthcare directive in New Jersey?
New Jersey Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 et seq.) recognizes Instruction Directive (living will), Proxy Directive (healthcare POA), and POLST. Two…
- How do I file a quitclaim deed in New Jersey?
New Jersey quitclaim deeds need grantor signature acknowledged before a notary (N.J.S.A. 46:14-2.1); no witnesses required. Record with the County Clerk or Register of Deeds…
- What is the homestead exemption in New Jersey and how do I claim it?
New Jersey has NO state creditor homestead exemption — debtors must use the federal $27,900 (April 2022, indexed) under 11 U.S.C. § 522(d). The ANCHOR property-tax rebate replaced…
Traffic (6)
- How do I fight a parking ticket in New Jersey?
New Jersey parking tickets are heard in Municipal Court under N.J.S.A. 39:4-138. Your court date is printed on the ticket (typically 14-30 days). You can plead not guilty by mail…
- How long do I have to register a vehicle in New Jersey?
New Jersey gives new residents 60 days to register (or 120 days for students/military) under N.J.S.A. 39:3-4. Purchased vehicles must be titled within 10 working days. Documents…
- How do I get my driver's license reinstated in New Jersey?
New Jersey charges a $100 restoration fee under N.J.S.A. 39:3-10a, plus a $100 surcharge for many suspensions. After DUI, IDRC (Intoxicated Driver Resource Center) completion and…
- How do I fight a speeding ticket in New Jersey?
New Jersey drivers can pay, plead at municipal court, or contest at trial under N.J.S.A. 39:4-98. Points range 2-5 per speeding (5 points for 30+ over). MVC assesses surcharges of…
- What are the open container laws in New Jersey?
New Jersey N.J.S.A. 39:4-51a/b prohibits possession of an open container of an alcoholic beverage in the passenger area of any motor vehicle on a public highway. Driver: $200 fine…
- What happens if I get a DWI in New Jersey?
N.J.S.A. § 39:4-50 sets per se DWI at 0.08% BAC (0.04% commercial, 0.01% under-21). New Jersey has NO jury trial right for DWI (municipal court). First DWI (0.08-0.099%): no jail…
Civil Procedure (4)
- What is the small claims limit in New Jersey?
New Jersey Special Civil Part Small Claims hears cases up to $5,000 under N.J.S.A. 2A:6-43 and R. 6:11. Landlord-tenant security deposit cases are limited to $5,000. Filing fees…
- What is the statute of limitations in New Jersey?
New Jersey civil limitations: personal injury 2 years (N.J.S.A. 2A:14-2), written contract 6 years (N.J.S.A. 2A:14-1), oral contract 6 years (2A:14-1), property damage 6 years…
- Can I get out of jury duty in New Jersey?
New Jersey requires US citizens, 18+, county residents under N.J.S.A. § 2B:20-1. Active military and emergency responders may be exempt. Pay is $5/day for the first 3 days and…
- How do I legally change my name in New Jersey?
File a Verified Complaint for Change of Name in the Superior Court, Law Division, of your county (N.J.S.A. § 2A:52-1), pay $250 in fees, submit fingerprints for an FBI/SBI…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.