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NJ TOLLING-need interpretation assistance


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Posted by ANOM (207.69.140.32) on March 04, 2004 at 11:17:45:

Received some great help from one unsung hero on this site before. Prefer not to continually bother this helpful man as he truly doesn't owe me a thing. GOD bless him though.

This concern is about a lawyer attempting to recover old legal fees from me. Said attorney turned the unrecovered fees over to his partner/spouse for collection. I received a registered return receipt requested /certified "demand letter" from the partner for said fees.

The lawyer truly mishandled my case,lied to me, misrepresented me,failed to respond to court orders, neglected my case, and even put forth a court order without my knowledge, which was signed by the judge, and charged me for that court order, one stipulation being, requiring me to get permission from the court, to dismiss attorney, and not able to correspond with adverse attorney,[which would also limit my right to fight the case pre-se]

The origional case was in New Jersey, and I have since moved. The legal agreement between her and I was signed in 1995, and the last transaction was in 1996. I had not received any billing from her til this time.
I believe she waited so long to bill, and demand payment, so to permit the statute of limitations for malpractice and other redress, to run out for me, while still attempting to recover her fee from me. However, I believe the statute of limitations would also apply to her.

My problem is tolling while I moved to another state. Here is tolling statute of New Jersey.-
2A:14-22. Tolling of statute of limitations
2A:14-22. a. If (1) any person against whom there is any of the causes of action specified in sections 2A:14-1 to 2A:14-5 and 2A:14-8, or if any surety against whom there is a cause of action specified in any of the sections of article 2 of this chapter, is not a resident of this State when such cause of action accrues, or removes from this State after the accrual thereof and before the expiration of the times limited in said sections, or if any corporation or corporate surety not organized under the laws of this State, against whom there is such a cause of action, is not represented in this State by any person or officer upon whom summons or other original process may be served, when such cause of action accrues or at any time before the expiration of the times so limited, and (2) it appears by affidavit of plaintiff's attorney or of any person having knowledge of the facts that, after diligent inquiry and effort, long-arm service cannot be effectuated, the time or times during which such person or surety is not residing within this State or such corporation or corporate surety is not so represented within this State shall not be computed as part of the periods of time within which such an action is required to be commenced by the section. The person entitled to any such action may commence the same after the accrual of the cause therefore, within the period of time limited therefore by said section, exclusive of such time or times of nonresidence or nonrepresentation.

The attorney sent me registered certified mail to my out of state new address. The always had my SS #, on file, as well as my employer- Does the forementioned statute apply to me, simply because I moved? Or does it mean that it applies to me, if said attorney after due diligence could not find me? Also in the later interprtation what is "diligence inquiry and effort" mean? It's not like I changed my name. I simply moved. I always filled out change of address for the post office, and never received anything from this attorney. Any help would be appreciated.


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