Declaratory judgments are considered legally binding and any party in a contract can petition the court to have its rights and obligations defined by the court. Declaratory judgments can be issued in both New Jersey and New York state courts or in federal court.

When can you file a declaratory Judgement?

A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, ...

How do I get a declaratory Judgement?

A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. Typically, a party will first send a cease and desist letter prior to seeking declaratory judgment from a court.