New Jersey Attorney Law Review Blog

  Did you know that New Jersey has a 4-year statute of limitations for breach of sales contracts?  Check out my new blog post that cautions clients and practitioners not to become confused with New Jersey's 6-year statute of limitations that applies to general breach of contract claims that do not involve the sale of goods under the Uniform Commercial Code. Absent equitable circumstances that would give rise to an equitable tolling of the statute of limitations, failing to file a breach of contract claim prior to the expiration of the applicable statute of limitations is fatal. http://www.njlawconnect.com/litigation/statute-limitations-breach-sales-contracts-ucc/

  In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment. Rosario, et al. vs. Marco Construction and Management, Inc., et al. , Superior Court of New Jersey, Appellate Division, Docket No. A-1562-14T3 (July 12, 2016).  New Jersey Uniform Fraudulent Transfer Act The New Jersey Uniform Fraudulent Transfer Act ("UFTA") provides creditors the opportunity to recover property that judgment debtors have attempted to put beyond their reach. Specifically, the UFTA prohibits any transfer intended "to hinder, delay, or defraud any creditor of the debtor." N.J.S.A. 25:2-25(a). The UFTA contains a 4-year statute of limitations period to file suit "after the transfer was made or the obligation was incurred, or...