Question: I filed a Post Judgment Motion for Emancipation (Pro Se) in the Superior Court of New Jersey, Family Part in Essex County. It was denied. The order stated, "Motion Denied -Certification of Service Deficient". What does this mean?
Answer: In my opinion, if a pro se litigant decides to file a motion on their own, it is essential that they completely read and follow all instructions contained in the Self Help Center section on the New Jersey Judiciary website. For reference purposes, please visit www.judiciary.state.nj.us/prose/index.htm. A Certification of Filing and Service is a document that informs the Court that you (Plaintiff or Defendant) did the following:
A: Delivered or mailed by regular and certified mail, return receipt requested all of the applicable papers for your motion to the other party within the prescribed time required by court rules; or
B. Delivered or mailed by regular and certified mail, return receipt requested all of the applicable papers for your motion to the other party's current lawyer, (if you have knowledge who the lawyer is), within the prescribed time required by court rules; and
C. How you submitted the papers to the other party or to his or her current lawyer (if you have knowledge who the lawyer is). You must disclose to the court whether the papers were delivered in person or sent via regular and certified mail, return receipt requested.
NOTE: If you submit a Certification of Service that fails to comply with the above requirements, there exists a strong probability that your motion will be denied. If you have any questions or concerns, I always suggest hiring an Attorney to assist you with successfully filing a motion.
Where do you mail the Application for Cancellation of Removal (Form EOIR-42a) for Permanent Residents?
The Application for Cancellation of Removal (Form EOIR-42a) for Permanent Residents does not list the mailing address on the form. The mailing address that I use is:
Texas Service Center
P.O. Box 852463
Mesquite, Texas 75185-2463
NOTE: If you need a comprehensive list of all EOIR (Executive Office of Immigration Review) forms and filing fees, please visit www.justice.gov/eoir/formslist.htm
I normally cringe at the sound of a client's request for a payment plan. However, due to the present economic climate, there are times that I feel compelled to respond "Yes". I have received countless texts from colleagues strongly advising against it due to the possibility that the client will default on the terms of the payment plan. I have received mixed responses from clients. There are some that honor their payment plan, and there are others that pay lower than the agreed upon amount. Finally, there are a few clients that make one initial payment and disappear. Ultimately, I believe payment plans are effective only if the client is honorable.