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New Jersey Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Nj Eviction. Landlord is harassing me and told me I was formally evicted without a judge’s signature.

I was ordered by the court, not the judge, to have my balance paid by 4/15/24 or another court meeting would take place to start the eviction process. The landlord has been harassing me for weeks and requesting me to turn my keys. Today was the day for the payment but when the landlord called, she... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you provided, it seems that your landlord is acting improperly and potentially violating your rights as a tenant in New Jersey. Here are a few key points to consider:

1. Eviction process: In New Jersey, a landlord cannot evict a tenant without going through the...
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2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Tax Law for New Jersey on
Q: Tax Filing as F-1 Student

I am F-1 student in the US since 2022. I have been working full time on my CPT. While filing my returns, what occupation should I put? Please guide in this regards. Thank you!

James L. Arrasmith
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answered on Apr 13, 2024

As an F-1 student working on Curricular Practical Training (CPT), your occupation for tax purposes should reflect the nature of your work rather than your student status. Here's what you should consider:

1. Occupation: Choose the occupation that best describes the work you performed...
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1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
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answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 11, 2024

There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.

In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.

To...
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1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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1 Answer | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Can I sue an nj hair salon for using my photos on the outside store banner without my consent? Is it a civil case?

I got my hair done at a salon and she asked to take my photos for her insta. Next thing I know my photo is used as her new store banner after she renovated. She never asked me or even offered compensation. Is this a civil matter or am I entitled to be compensated?

James L. Arrasmith
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answered on Apr 10, 2024

Yes, this could be a civil matter, and you may be entitled to compensation. The salon owner's use of your photos without your consent could potentially violate your right of publicity or constitute copyright infringement, depending on the specific circumstances.

1. Right of publicity:...
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2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 9, 2024

It is true that Court is backed up. I have found writing letters briefly explaining the concern and requesting a short conference with the Judge coupled with regular calls to the Judge's chambers assigned to the case (or the Presiding Judge if no Judge is assigned) to be helpful in getting a... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Richard Diamond
Richard Diamond
answered on Apr 9, 2024

I agree that Hudson County is one of the worst in the state for delays in the family part but it may also mean that your papers got lost or are sitting someplace with dust accumulating on them. Your lawyer should be able to tell you which judge the matter is assigned to and he / she should have... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Victim of illegal search in New Jersey.

Victim of illegal search in New Jersey:  Someone I know (I will call him "Victim") was illegally searched by cops.  There was no probable cause and no search warrant.  The backpack of Victim was locked.  The cops removed key from Victim's neck and used key to open backpack.  The... View More

James L. Arrasmith
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answered on Apr 7, 2024

If the Victim was my son, I would focus on building a strong legal defense to fight the charges and protect his constitutional rights. Here are some steps I would consider:

1. Hire an experienced criminal defense attorney who specializes in cases involving illegal searches and seizures....
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was given a ticket on the NJ TURNPIKE North bound at 9 am in the morning in the hov LANE the hours going that way are

4 pm until 7 pm why was I giving a ticket ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2024

That is a good question and you and your lawyer if your smart and hire one will find out in court or in the discovery that your lawyer will order. Because based on what your saying you shouldn't have gotten the ticket, but maybe he will testify in court that you were doing something else... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: With the statute being changed in New Jersey.

A major change to New Jersey's drunk driving statute is set to allow plea bargaining in DUI cases beginning in early 2024. Late last year, Governor Murphy signed bill S-3011/A-4800 into law, and its plea bargaining provisions take effect in February. Will past offenders be able to benefit from... View More

Louis A Casadia
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answered on Apr 5, 2024

If you were able to overturn your plea or conviction then yes, you should be able to benefit from the new law. However, you will not be able to simply withdraw your plea or overturn your conviction based solely on the new law being passed.

2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

Leonard R. Boyer
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answered on Apr 1, 2024

You need to retain an experienced civil litigation attorney with knowledge of Internet law to file an Order to Show Cause with the Court and to immediately send them a "Cease & Desist" letter. To provide meaningful advice and learn the best way to proceed, you need be prepared to pay... View More

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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this difficult and stressful situation with your former manager. That's a terrible breach of trust that they are sabotaging your business like this. Here are some steps I would recommend taking to try to regain control of your accounts:

For your Google...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Do I still have to pay child support for a child over 19 that is not in school ?

My son turned 19 last June 2023. He is not going to college and working full time and I noticed my Child support amount has been the same for the last 9 months. When i inquired with Child Support they told me I have an "unallocated " support order which I was unaware of . I have a second... View More

Leonard R. Boyer
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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney to have your son declared emancipated and seek a reallocation Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Do I still have to pay child support for a child over 19 that is not in school ?

My son turned 19 last June 2023. He is not going to college and working full time and I noticed my Child support amount has been the same for the last 9 months. When i inquired with Child Support they told me I have an "unallocated " support order which I was unaware of . I have a second... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 5, 2024

Thank you for your question.

Typically, child support in New Jersey concludes once the child reaches the age of 19 or is otherwise legally emancipated. However, under certain circumstances, child support can be extended past the age of 19 up until the age of 23. One such circumstance is if...
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1 Answer | Asked in Family Law, Personal Injury, Child Support and Domestic Violence for New Jersey on
Q: My daughter is mentally agonized and in trauma due to violent behavior of her father's girlfriend who came to our home

It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her

Leonard R. Boyer
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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do renter still have possession of APT if they breached the lease by leaving a month early but paid the last months rent

I am a Landlord in NJ. My renter provided 3 months notice prior to terminating the lease and has left one month early. They payed me for the last month's rent and are currently already renting somewhere else . The keys have not been given back to me. Are the keys and the Apartment still... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, here are the answers to your questions:

1. Possession: Generally, if the tenant has paid rent for the entire lease term, they are entitled to possession of the apartment until the end of the lease, even if they have physically moved out. The keys are still...
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