Court Closings and Other Important Legal Notices
The Centers for Disease Control and Prevention (CDC) has suspended residential evictions based on nonpayment of rent through June 30th, 2021.
NJ COVID-19 Homeowner Rights FAQ (in Spanish)
NJ COVID-19 Tenant Rights FAQ (in Spanish)
NJ Dept. of Labor COVID-19 Scenarios and Benefits (in Spanish)
English, Español, اللغة العربية, français, हिन्दी भाषा
Immigrant Eligibility for NJ COVID-19 Relief Programs - Spanish
United States Bankruptcy Court
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All trials scheduled to be conducted prior to October 30, 2020 will be adjourned and
rescheduled by the Court. Unless oral argument is requested, on written notice to all parties in interest, all motions and contested matters will be presumed to be heard on the papers.
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Parties may request oral argument via email to chambers.
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The Court will also consider and accommodate all reasonable adjournment requests; All case trustees will consider and accommodate all reasonable requests for continuance of § 341(a) meetings; Note that trustees have been conducting bankruptcy meetings by telephone conference, in which the client, attorney and trustee all call into the phone conference from their homes.
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U.S. TRUSTEE PROGRAM EXTENDS TELEPHONIC OR VIDEO SECTION 341 MEETINGS TO CASES FILED THROUGH OCTOBER 10, 2020
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The U.S. Trustee Program is extending the requirement that section 341 meetings be conducted by telephone or video appearance to all Bankruptcy Court cases filed through October 10, 2020. However, if the responsible U.S. Trustee or case trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or protection of estate property, the U.S. Trustee may approve the continuation of the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance.
Amended General Order Regarding Court Operations Under the Exigent Circumstances Created by Coronavirus (COVID-19)
Social Security Administration and Public Benefits
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As of Tuesday, March 17, all Social Security offices are closed to the public for in-person service until further notice. Social Security will still provide critical services that are listed at the following website: www.ssa.gov/coronavirus. Secure and convenient online services remain available at www.ssa.gov. Local offices will also continue to provide critical services over the phone.
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All Social Security Administration hearing offices are closed to the public. If you have a hearing already scheduled with one of SSA's offices, hearing office staff may be reaching out to you to offer a telephone hearing. SSA Staff will be triaging cases to ensure that cases designated as critical are addressed first. If you decline a telephone hearing, your case will be postponed and rescheduled as timely as possible.
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Bergen County Board of Social Services will not be open to the public. If you go to the office to apply for services, you can complete a paper application and drop it in the mailbox provided at the front of the building. You can also apply for services online at www.bcbss.com.
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Effective March 18, 2020, all non-emergent matters before the Office of Administrative Law will be adjourned through April 1, 2020. Emergent fair hearings will be conducted via telephone conference.
Social Security Administration - COVID-19 Economic Impact Payment
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The U.S. Department of the Treasury and the Internal Revenue Service announced that Social Security beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an Economic Impact Payment. Instead, payments will be automatically deposited into their bank accounts.
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“Social Security recipients who are not typically required to file a tax return do not need to take an action, and will receive their payment directly to their bank account,” said Secretary Steven T. Mnuchin.
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The IRS will use the information on the Form SSA-1099 and Form RRB-1099 to generate $1,200 Economic Impact Payments to Social Security recipients who did not file tax returns in 2018 or 2019. Recipients will receive these payments as a direct deposit or by paper check, just as they would normally receive their benefits.
Supplemental Security Income Recipients Will Receive Automatic COVID-19
Economic Impact Payments
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The Social Security Administration announced today that Supplemental Security Income (SSI) recipients will receive automatic Economic Impact Payments directly from the Treasury Department. Treasury anticipates these automatic payments no later than early May.
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SSI recipients who have qualifying children under age 17, however, should not wait for their automatic $1,200 individual payment. They should now go to the IRS’s webpage at www.irs.gov/coronavirus/non-filers-enter-payment-info-here and visit the Non-Filers: Enter Your Payment Info section to provide their information.
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For more information, please visit https://www.ssa.gov/news/press/releases/.
New Jersey Superior Court
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As of March 18, 2020, and until further notice, there are no in-person Superior Court or Tax Court proceedings (except for extremely limited emergent matters and certain ongoing trials); some matters will proceed by telephone or video conference.
New Jersey Family Court
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On March 16, 2020, the AOC issued a directive for emergency family matters to use two standard forms: Emergency Applications and Order to Show Cause . Please visit New Jersey Court's website for all administrative directives: njcourts.gov/attorneys/directives.html.
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On May 28, 2020 the Court issued a Third Omnibus Order, modifying its Second Omnibus Order from April 24, 2020 and clarified on May 15, 2020:
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Court operations are continuing in virtual format.
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Family Filings continue electronically through JEDS. JEDS is used in any matters in which eCourts cannot be used.
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The following are extended through June 14, 2020:
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No courtesy copies to judges where the total submission does not exceed 35 pages, including appendices and attachments
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4(a) export reports in family
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7(c) healthcare providers excused from depositions and appearances
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The following remain in full force and effect:
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7(a) remote depositions
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7(b) remote proceedings in general
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7 (e) electronic service on the State of New Jersey
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10 electronic signatures
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12 letter requests for extensions
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13 extensions based on individual facts of case
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The following have CONCLUDED:
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4(a) family discovery deadlines
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4(b) tolling for lack of prosecution dismissals
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4(c) matrimonial early settlement panels
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On June 5, 2020, Chief Justice Rabner issued Directive #18-20 permitting the issuance of divorces without personal appearances (divorce on the papers) on default and uncontested divorces. Please click here to be directed to the court website for the requirements and procedure.
Sexual Assault Survivor Protection Act of 2015 (SASPA) - Procedure for obtaining a temporary protection order - Modified to address COVID-19
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In response to the coronavirus (COVID-19) pandemic, the New Jersey Judiciary is
implementing all possible measures to apply social distancing in current court operations,
consistent with the recommendations of the New Jersey Department of Health and the
Centers for Disease Control. Accordingly, the procedures for applying for a SASPA
protective order have been temporarily modified. Read more by clicking here.
U.S. Citizenship and Immigration Services (USCIS)
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As of March 18, U.S. Citizenship and Immigration Services has suspended routine in-person services. USCIS plans to begin reopening on or after June 4. USCIS staff will continue to perform duties that do not involve contact with the public. However, individuals who had InfoPass or other appointments at the field office must reschedule through the USCIS Contact Center once field offices reopen to the public.
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Please check the USCIS Field Offices webpage to see if your field office has reopened before reaching out to the USCIS Contact Center.
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For applicants and petitioners who receive a Request for Evidence (RFE) or notice of intent to deny (NOID) dated between March 1 and July 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
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USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center. USCIS domestic field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure.
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USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date, and location for the interview. USCIS will automatically reschedule Application Support Center appointments due to the office closure. You will receive a new appointment letter in the mail.
Executive Office of Immigration Review (EOIR) - Immigration Court
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Effective March 18th all non-detained hearings are postponed through and including July 13, 2020.
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Newark Immigration Court is open for filing only. Any filings due during the closure should be filed by March 30, 2020. Filing deadlines after March 30, 2020, remain in effect subject to the discretion of the immigration judge.
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Detained hearings and emergency filings will be done in Elizabeth.
USCIS y Asilo
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A partir del 18 de marzo, los Servicios de Ciudadanía e Inmigración de EE. UU. Han suspendido los servicios en persona de rutina. USCIS planea comenzar a reabrir el 4 de junio o después. El personal de USCIS continuará realizando tareas que no implican contacto con el público.
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Sin embargo, Las personas que tuvieron InfoPass u otras citas en la oficina deben reprogramar a través del Centro de Contacto de USCIS, una vez que las oficinas de campo vuelvan a abrir al público. Verifique la página de las oficinas de USCIS para ver si su oficina se ha reabierto antes de comunicarse con el Centro de contacto de USCIS.
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Para los solicitantes y peticionarios que reciben un Solicitud de Pruebas (RFE) o
Aviso de intención de negar (NOID) con fecha entre el 1 de marzo y el 1 de julio de 2020, cualquier respuesta presentada dentro de los 60 días calendario posteriores a la fecha límite de respuesta establecida en el RFE o NOID será considerada por el USCIS antes de tomar cualquier medida.
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USCIS proporcionará servicios de emergencia para situaciones limitadas. Para programar una cita de emergencia, comuníquese con el Centro de contacto de USCIS. Las oficinas locales de USCIS enviarán avisos a los solicitantes y peticionarios con citas programadas y ceremonias de naturalización afectadas por este cierre.
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Las oficinas de asilo de USCIS enviarán avisos de cancelación de entrevistas y reprogramarán automáticamente las entrevistas de asilo. Cuando se reprograma la entrevista, los solicitantes de asilo recibirán un nuevo aviso de entrevista con la nueva hora, fecha y lugar de la entrevista. USCIS reprogramará automáticamente las citas del Centro de Soporte de Solicitudes debido al cierre de la oficina. Recibirá una nueva carta de cita por correo.
Tribunal de Inmigración (EOIR)
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A partir del 18 de marzo, todas las audiencias no detenidas se posponen hasta el 13 de julio de 2020.
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El Tribunal de Inmigración de Newark está abierto para archivar solamente. Cualquier presentación debida durante el cierre debe presentarse antes del 30 de marzo de 2020. Los plazos de presentación después del 30 de marzo siguen vigentes, a discreción del juez de inmigración.
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Se están escuchando audiencias detenidas y presentaciones de emergencia en Elizabeth.
Federal Taxes
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The federal income tax filing due date is extended from April 15, 2020, to July 15, 2020.
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Taxpayers can also defer federal income tax payments due on April 15, 2020, to July 15, 2020, without penalties and interest, regardless of the amount owed.
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Effective March 18, 2020, and until further notice, United States Tax Court buildings are closed.
New Jersey State Taxes
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Extension of due dates for Individual Gross Income Tax and Corporation Business Tax – In order to maintain consistency with the federal income tax extension, the Governor, Senate President and Assembly Speaker announced they will work to extend the due date to file and make payments for these taxes until July 15th. Please visit the New Jersey Division of Taxation's website for more information and updates: click here.
Coronavirus (COVID-19) Fraud Schemes
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Fraudsters frequently target vulnerable individuals during difficult times. Sadly, it comes as no surprise that scammers have already devised numerous methods for defrauding people in connection with the coronavirus (COVID-19). Scammers are setting up websites, contacting people by phone and email, and posting disinformation on social media platforms. The Legal Services Corporation (LSC) has provided a list of common coronavirus-related scams as well as ways you can protect yourself from fraud. Click here to learn more.
Relief for Tenants and Homeowners
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New Jersey Eviction Moratorium - Governor Murphy’s Executive Order 106 stops tenants and homeowners from being locked out or removed from their homes from March 19, 2020, until up to two months after the end of the COVID-19 state of emergency.
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Federal Eviction Moratorium - Stops nonpayment of rent eviction cases against tenants living in Federally subsidized housing (including public housing, project based Section 8 buildings, Low Income Housing Tax Credit buildings, and the Section 8 voucher program). This began March 27, 2020 and extends for 120 days.
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Foreclosure Relief for Homeowners - the CARES Act stops foreclosures, including the filing of foreclosure complaints, seeking a foreclosure judgment, writ of execution, holding a foreclosure sale or executing a foreclosure-related eviction. This applies to homeowners with federally-backed mortgages. Duration: March 18 - May 17, 2020.
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Federal Mortgage Payment Relief - the CARES Act offers borrowers with federally backed mortgages up to 180 day forbearance plans (i.e., temporary suspension of monthly payments) if they have a financial hardship caused, directly or indirectly, by the COVID-19 emergency.
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NJ Mortgage Payment Relief - NJ offers a 90 forbearance program agreed to by 40 different mortgage lenders. For more information see: https://www.state.nj.us/dobi/covid/mortgagerelief.html and https://www.state.nj.us/dobi/covid/mortgagerelief/index.html
Executive Order on Security Deposits
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Governor Murphy enacted Executive Order 128, which allows most tenants to apply their security deposit to the rent for up to 60 days after the end of the State of Emergency.
New Jersey Administrative Order Protecting Hotel and Motel Resident(s)
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New Jersey Administrative Order 2020-9 provides a moratorium on removing residents in hotels and motels for up to 60 days after the end of the state of emergency if they have no alternate housing to return to.
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As clarification, individuals who have no permanent housing to which they may safely or lawfully return and live at a hotel or motel on a continual basis are not considered “transient guests or seasonal tenants”, and thus are entitled to the protections against evictions included in Executive Order No. 106 (2020).
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