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ARE YOU BEING SUED? ARE YOUR WAGES BEING GARNISHED? THERE IS HELP FOR YOU.
What is Wage Garnishment? If you have been sued by a creditor and a judgment was entered against you, that Creditor may contact your employer after obtaining a Court Order and hold back a portion of your pay check to be sent to that creditor.
By filing for a Chapter 7 Bankruptcy, that creditor will be prevented from holding back any more of your pay check. There is now an “automatic stay” that prevents any creditor to take action against you. Once your Chapter 7 Bankruptcy case is over, that debt will be discharged and the creditor can no longer hold back any monies from your pay check. If your wages are being garnished right now, do not wait, call 973-471-7676 to find out if Chapter 7 Bankruptcy is for you.
Covid-19 and the absence of a Force Majeure Clause in New Jersey Commercial Leases.
The Coronavirus (Covid-19) is causing tremendous strain on residential and commercial tenancies. Now more than ever it is important to understand the key terms of your lease agreements.
A “force majeure” clause is a common clause in commercial leases that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties prevents one or both parties from performing and fulfilling their obligations. Examples of force majeure trigger events include war, strike, riot, crime, plague, government actions, orders or laws. In the absence of a force majeure clause in New Jersey, parties to a lease are left with the common law contract doctrines of “impracticability,” “frustration of purpose” and “impossibility of performance.”
Impracticability
The Supreme Court of New Jersey in M.J. Paquet, Inc. v. NJ Dept. of Transportation found that the essence of this principle is that a party's performance under a contract is rendered impracticable by the occurrence of an event “the nonoccurrence of which was a basic assumption on which the contract was made.”
Frustration of Purpose
In Capparelli v. Lopatin, the New Jersey Appellate Division found that this Doctrine “deals with the problems that arise when a change in circumstances makes one party's performance worthless to the other, frustrating his purpose in making the contract. . . . The frustration must be so severe that it is not fairly to be regarded as the risks that the party invoking the Doctrine assumed under the contract.” The supervening event must fundamentally change the nature of the parties’ overall bargain.
Impossibility of Performance
This means that your contractual obligation is “objectively impossible” if the impossibility arises from the impossible nature of performance (as opposed to arising from the incapacity or fault of the promising party). In other words, the contractual obligation must be impossible because “the thing cannot be done” as opposed to the fact that a promisor “cannot do it” Duff v. Trenton Beverage Co., 3 N.J. 515 (1950).
The information in this article does not constitute legal advice. If you have any questions about managing the landlord-tenant relationship or the impact of COVID-19 on your business, or if you are a commercial landlord or tenant who needs assistance with restructuring your lease, please contact Jack Cilingiryan, Esq. at jack@cilingiryanlaw.com or call (973) 471-7676. Our office conveniently represents clients throughout New Jersey including Bergen County, Passaic County, Hudson County, and Middlesex County.
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I was very happy with Mr. Cilingiryan. He was very nice, helpful, answered my questions and kept me up to date until the end. I would highly recommend him to anyone.- Amelia Tea. 0/24/2019![]()
Jack has been my family’s go to guy. He is a phone call away. When I need to talk to him he always pick up his phone. It’s safe to say that he got your back. You cannot go wrong with Jack! Thanks for all the help.- r0m30 h3rn4nd3z. 0/12/2019![]()
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I have been working with Jack close to twenty years. He helped me and my friends all kind of legal progress. Very knowledgeable and responsive. If you want your case done right ,contact him highly recommended...- Harut . 4/17/2018![]()
I went to Jack to help me sell my condo and buy another condo at the same time. He was very proactive and made sure my home sale and home purchase went smoothly. He is a great attorney. He also prepared a Will for my wife and I to help us protect our condo and other assets.- Kop Associates. 3/13/2018![]()
If you're looking for an ambulance chaser...forget it. Jack is a straight shooter, no nonsense lawyer. He will help you accomplish your legal goal, whether it's a civil, criminal, or financial matter. And it won't cost you an outrageous sum. Plus you get the sense that you're not just a number to him. Great guy, class act. Great Lawyer.- Man School 202. 2/19/2018![]()
Jack has been our family lawyer for almost two decades. He does an incredible job. He’s always available when you need him and you need help. And you feel like he has a personal investment in what’s going on you’re not just one of many other clients. He’s kind, considerate and courteous and always diligent about serving you and doing what’s best for you. His price point are more than fair and he is really committed to serving his clients.- Harry Terjanian. 2/14/2018![]()
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Mr. Cilingiryan helped me in 2017 and I will recommend him to everyone. Highly recommended. He is Professional attorney, Knowledgeable about the law and about how things done in practical matter to serve your best interests Mr. Cilingiryan is always available for phone calls, emails, texts, He is Doing this business for a long time. He knows what he is doing and he does it in timely matter. You will be in good hands if you use the legal services by Mr Cilingiryan. Also he has great people skills. I recommend for you to use the legal services offered by Mr Cilingiryan.- Mr. Karen Mr. Karen. 2/9/2018![]()
Jack did a couple of legal work for my company, he listened us very carefully, he implemented his expertise immensely. I hope we will work for many years.- Niyazi Turel. 2/8/2018
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