Identity Theft: Outline Of Federal Statutes And Bibliography Of Select Resources

Identity Theft: Outline of Federal Statutes and Bibliography of Select Resources, by Sara R. Paul, Reference Librarian, New York City District Attorney’s Office; published September 18, 2005; is available through LLRX.com.

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Business Executives May Not Represent Their Companies At Court-Related Mediations

In the May 2005 issue of Alternatives (a newsletter covering cutting-edge dispute resolution trends), published by the International Institute for Conflict Prevention & Resolution, in the ADR Briefs Section, there is a report that a N.J. Supreme Court Committee has decided that business executives may not represent their companies at court-related mediations.

For some additional information see a Blog entry by Lewis J. Pepperman, Esq., published by Stark & Stark.


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Identity Theft Prevention Act

On September 22, 2005, Governor Codey signed the Identity Theft Prevention Act into law. An Overview of this law is available on the N.J. Public Interest Research Group's Website. A Fact Sheet is also available.


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Locations Of Registered Sex Offenders

Information about NJ residents has been added to the MapSexOffenders.com website, which maps the locations of registered sex offenders.


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Affidavits Of Non-Military Service

As reported in the Editorials section of the September 19, 2005 issue of the New Jersey Lawyer [14 NJL 1838], N.J. Court Rule 1:5-7 concerning affidavits of non-military service to obtain a judgment by default was recently revised.

Under the revised rule, "[u]nless based on fact admissible in evidence, the affidavit shall have attached to it a statement from the Department of Defense or from each branch of the armed forces that defendant is not in military serice."

To obtain certificates of service or non-service under the Servicemembers' Civil Relief Act of 2003 (formerly known as Soldiers' and Sailors' Civil Relief Act of 1940) you can use the public website: https://www.dmdc.osd.mil/scra/owa/home. This website will provide you with the current active military status of an individual. There is no charge for this certificate.

Information about obtaining certificates from the individual Services is available at:
http://www.defenselink.mil/faq/pis/PC09SLDR.html.

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Real Estate Valuations and Commissions

In the Business Day section of the September 17, 2005 issue of The New York Times there is an article (The 6 Percent Solution: Skip Real Estate Agents) which provides links to potential money saving websites for real estate sellers and buyers. [E.g., Assist2Sell, eRealty.com, Realtor.com, HomeSmart Reports; Domania (brought to you by LendingTree, LLC); and Equifax Home Valuator™]

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New User's Guide Is Available To N.J.'s Civil Courts

In the September 15, 2005 edition of The Star Ledger there is in an article entitled Seeking to ease court-record access, which reports about the availability of a new Users Guide to N.J.'s civil courts [this is a PDF FILE WITH BOOKMARKS].

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Palimony

Beware: If two individuals live and act as a married couple (even though they are not married), when they break up, the Court may distribute the personal assets of one between the two of them.


In Mitchell V. Oksienik, the Appellate Division held that:

Although distribution of individually owned assets is improper under the rubric of "equitable distribution" where unmarried cohabitating parties are involved, such persons who have engaged in a joint venture to purchase property in which they reside, are entitled to seek a partition, and the Family Part is the appropriate forum for the resolution of such issues.

As joint venturers, the parties are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective of how title is formally held.

Among the remedies available on partition -- where other modes or relief are not practical -- is a forced sale of the property and division of the net proceeds between the two parties.

The full decision is available at: Mitchell V. Oksienik, __ N.J. Super. __ (App. Div. 2005) [Docket No. A-1775-03T1; Decided September 2, 2005]

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Archive Of Oral Arguments Of The Supreme Court Of New Jersey

Rutgers, the State University of New Jersey, hosts an archive of the recent oral arguments of the Supreme Court of New Jersey. In addition to the arguments, links to the opinion under appeal and to the final Supreme Court Opinion are available. To take advantage of this service, click here.

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