2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, September 18, 2024

E710 VercammenLaw News

 

E710 VercammenLaw News

1 An Executor should obtain a credit report on the person who passed away and also freeze the accounts.

2 Recent cases Speedy trial appeal rejected even though Law Division did not watch video & defendant failed to show prejudice.

3  Judge should not take judicial notice based on another Judge’s notes

4 You are invited to join us for Ken’s 65th birthday celebration 

5 Free Office Space for Transitional or New Attorney & Mentor program- Edison, NJ    

1.  An Executor should obtain a credit report on the person who passed away and also freeze the accounts.


How do I obtain a credit report for a deceased person?

The spouse or executor of the estate may request the deceased person's credit report by mailing a request to each of the credit reporting companies.  


Send a letter along with the following information about the deceased:

  • Legal name
  • Social Security Number
  • Date of birth
  • Date of death
  • Last known address
  • A copy of the death certificate or Letters Testamentary. A Letters Testamentary is a document issued by a court or public official authorizing the Executor of a will to take control of a deceased person's estate.


Also send information about yourself, including:

  • Your full name
  • Address for sending final confirmation
  • In the case of an executor, include the court order or other document showing that you are an executor.

Use this simple template to notify the credit bureaus of your loved one’s death and request a credit freeze:  


Send the request and information to all three credit reporting companies by mail:

Equifax

P.O. Box 105139

Atlanta, GA 30348-5139


Experian

P.O. Box 2002

Allen, TX 75013


TransUnion

P.O. Box 2000

Chester, PA 19016

Sample letter

 

[Your Name]


[Your Address]


[City, State, Zip Code]


[Your Phone Number]


[Date]



[Credit Bureau’s Name]


[Credit Bureau’s Address]


[City, State, Zip Code]



Subject: Notification of Death and Request for Credit Freeze


To whom it may concern,


I am writing to inform you of the passing of [Name of Deceased], [relationship to you, e.g., my spouse]. [He/She] passed away on [Date of Death]. I kindly request that you freeze [his/her] credit report to prevent any potential fraud or unauthorized access.


Enclosed is a copy of [Name of Deceased]’s death certificate as proof. Please freeze [his/her] credit report and mark it as “deceased — do not issue credit.”


I would also like to request a final copy of [Name of Deceased]’s credit report for my records.


Thank you for your prompt attention to this matter. Please confirm with me when you have received the notification and that a credit freeze has been placed.


Sincerely,


[Your Name]



Times for the credit freeze may vary. Transunion will update the individual’s credit report within five days of receiving the documents and send you a confirmation letter. Experian will add a death notice to your loved one’s credit report upon receiving notification from the Social Security Administration or the requestor. Equifax will add a death notice to your departed’s credit report upon receiving the documents.

 

Confirm the freeze and ensure the account is flagged as deceased

After sending your request to the credit bureaus, confirm that they have initiated the credit freeze and properly flagged the deceased individual’s account:

1.   Allow some time for the credit bureaus to process your request. This typically takes a few days or up to a couple of weeks.

2.   Reach out to each of the three major credit bureaus — TransUnion, Experian and Equifax — either via phone or online.

3.   Ask them to verify that they have received your request to freeze the deceased individual’s credit report.

4.   Ask if the deceased’s account has been appropriately flagged as “deceased — do not issue credit” to protect their information from potential fraud.

5. Request a copy of your loved one’s credit report

 

While you are in contact with the credit bureaus, you should also request a copy of your loved one’s credit report. This will confirm that the report has been marked “deceased” and that a permanent credit freeze is in place.

You can also use the credit report to assess your loved one’s financial standing. Read the credit report carefully to identify any discrepancies and all outstanding accounts, and note any accounts that need your attention.

 

2 Recent cases

Speedy trial appeal rejected even though Law Division did not watch video & defendant failed to show prejudice.

State v. KellerON VERCAMMENLAW YOUTUBE

                 Defendant appealed his conviction for driving while intoxicated. Officer observed defendant's pickup truck driving in reverse at a high speed through a parking lot, followed as it exited the lot and made an unsignaled turn and initiated a motor vehicle stop.   

       Officer smelled alcohol and noticed defendant had "watery and bloodshot" eyes, was "rambling" and "stumbled] and swayed]" upon exiting the vehicle. Officer administered two field sobriety tests which defendant failed. Officer's body cam footage showed defendant stating he had "two drinks" that day and he showed confusion about what was happening. Officer arrested defendant. 

     Trial was held 39 months after the arrest and municipal court found defendant guilty. Law Division conducted two hearings and adjudicated the case based on the transcript of the body cam footage, not the footage itself. Law Division noted the municipal trial postponements were attributable to defendant or the COVID-19 pandemic and found defendant guilty.  

     Defendant argued that pursuant to Rule 3:23-4, Law Division should not have adjudicated his appeal as the court had not yet received the body cam footage from the municipal court. Court found municipal court clerk's failure to transmit the entire record, here the video footage, did not warrant acquittal. Defendant's speedy trial argument failed because the reason for the delay was mostly attributable to defendant and the COVID-19 pandemic and defendant failed to show prejudice. SOURCE Daily Briefing - 04-15


3  Judge should not take judicial notice based on another Judge’s notes

C.C. v. M.Z.,  ON Vercammenlaw YOUTUBE

     Defendant appealed trial court's order granting plaintiff a final restraining order under the Prevention of Domestic Violence Act. Plaintiff obtained a temporary restraining order against defendant. Trial court scheduled a final hearing, but the date was continued several times due to administrative issues. In the meantime, plaintiff amended her TRO to allege a history of domestic violence and the predicate act of contempt of a domestic violence order. 

    Upon hearing before a different judge, plaintiff testified that she had received text messages and a written letter from defendant after entry of the TRO. Defendant's letter referenced "seeing plaintiff" on a particular date, which became the subject of inquiry and confusion among trial court and parties, namely as to whether the date referenced a scheduled hearing in the matter. 

       Trial court accessed court's records to take judicial notice of scheduled dates in the proceedings. Trial court reserved decision on the FRO to allow time for review of the litigation record. Trial court ultimately granted the FRO, noting that it had gone back and listened to the recording of the proceeding held before the prior trial court judge. Defendant appealed. Court vacated and remanded for further proceedings. Court noted that trial court initially took judicial notice of certain court records, with notice to the parties, during an ongoing hearing. That reflected a proper exercise of trial court's authority under the circumstances. 

        Trial court erred, however, in subsequently taking judicial notice of statements made by another judge, without notice to counsel in advance or an opportunity for counsel to be heard on what trial court had discovered, before entry of the FRO. Court remanded for the limited purpose of allowing counsel to be heard regarding the propriety of trial court's taking such judicial notice. Court also remanded in light of trial court's findings under the second Silver prong, as trial court concluded defendant posed an immediate danger to plaintiff in reference to closing argument of plaintiff's counsel. The record contained plaintiff's testimony supporting counsel's closing remarks, but the attorney's summation was not in evidence. DOCKET NO. A-0823-22 Source Daily Briefing - 04-04-24


4 You are invited to join us for Ken’s 65th birthday celebration at the Headliner Club in Neptune on Friday August 2 at 6pm.  

Ken V will be celebrating his 65th birthday that week.

Headliner requires attendees be submitted one day ahead. RSVP please email KenV@njlaws.com

Outdoor  music, This is in conjunction with the Annual Jersey Shore Happy Hour & Networking Social

  All are invited. Bring your friends. Pass this along. Please bring a canned food donation for the St. Matthews community food bank, continuing to provide food and help to individuals in need.

      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.   VercammenLaw@Njlaws.com

Ken Vercammen will buy a drink for all registered ahead.

   Headliner is located at 1401 Route 35, Neptune NJ, 07753 next to the Shark River.   

https://www.facebook.com/events/906077377984376

5 Free Office Space for Transitional or New Attorney & Mentor program- Edison, NJ

       The Kenneth Vercammen has a space sharing opportunity for new lawyer or recent Transitional attorney to get experience  and learn NJ Law office procedures and help handle some Municipal court cases. This is a mentoring experience where you can learn NJ Law Office Procedure. Must be admitted to Bar of State of NJ.

         Attorney will be provided with use of desk, plus if needed additional private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, Prosecutors, clients, etc, 

     Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.

-Learn to prepare Wills, Power of Attorney and Living Wills

-Call Courts to follow up on Letter of Representation and scheduling of hearings & call Police Departments to follow up on discovery

- Prepare timesheets on Fatal Accident cases with Attorney General

-Call clients and remind them of hearing dates and what to do

- Update Criminal and Civil blogs with recent cases

-Assist with Senior citizen Will Seminars and Municipal Court programs

            Excellent opportunity to jump-start your career. You will get to help people in Municipal Courts in Middlesex, Union and Monmouth County. Speak with the top Prosecutors and Judges. Must be admitted in NJ. https://www.njlaws.com/office_space.html

          Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and   clients. Follow up contact calls with clients, courts, prosecutors and bar associations.

      Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office. More details at www.njlaws.com/lease.htm

    If interested, email , mail, fax or a resume and cover letter.

KENNETH VERCAMMEN, Esq.  

2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 

(Fax) 732-572-0030   vercammenlaw@njlaws.com



August 7 The Great Day: Ken’s 65 birthday

Bike 65 miles

Bike to Sandy Hook lighthouse from Neptune, 46 miles round trip

Lunch,

then to Manasquan Fisherman's Cove,

and back to Neptune 

23 miles,

then Long Branch Boardwalk for beverages

[On August 6 to warm up I will run 6.5 miles, then swim 65 laps of pool


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