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Questions Answered by Leonard R. Boyer
1 Answer | Asked in Real Estate Law for New Jersey on
Q: What if I am leasing a property and I have 20 more years on it and they are forcing a termination and my owner is forced

Is forced to sell. Does my lease still hold up?

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 27, 2023

Without knowing a significant amount of additional information and document review it is impossible to provide a meaningful answer. This is also something that would be well beyond the scope of a free consultation, so you should expect to pay for about an hour of attorney time. With modern... Read more »

3 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will govern and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 22, 2023

This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... Read more »

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 12, 2023

What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense... Read more »

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1 Answer | Asked in Foreclosure for New Jersey on
Q: In NJ, are the 35 days to respond to a notice calendar or business days?

I am currently working with loss mitigation and have proof. However, I recently submitted paperwork and I am waiting on the notice that would stop further legal action

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 7, 2023

There is no such notice. From the time a foreclosure complaint is filed, you have 30 days to file a Contesting Answer, Affirmative Defenses, and Counterclaims. Trying to represent yourself is a dangerous game. You are emotionally involved and you are not a trained mortgage foreclosure defense and... Read more »

3 Answers | Asked in Bankruptcy for New Jersey on
Q: I need to stop a sheriff's sale & need to file bankruptcy. The attorney needs $2500 to do so. Is this reasonable?

Sale scheduled for 1/10/2023.

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 4, 2023

If you want to save the house and obtain a mortgage loan modification the fees that would be charged by a high-quality attorney would be more substantial than that. Exactly what you are getting for the $2,500.00 has to be stated. No one can guess and provide accurate information to you. You have... Read more »

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4 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does bankruptcy court have jurisdiction regarding a state judgment of foreclosure that is void?

Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 28, 2022

Yes it does have jurisdiction a Chapter 7 Bankruptcy, if you are qualified would eliminate the problem. With modern technology, you can be represented by any qualified attorney irrespective of geography.

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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 26, 2022

Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for New Jersey on
Q: How do I file a counter claim in Monmouth County NJ in small claims court? I'm unable to locate the correct form.

I'm a defendant in a small claims case (New Jersey - $3,000) with a plumber. I want to file a counter claim contesting the original issue, but also file a claim for separate issues for a higher $$ value of approximately $6,000. These additional issues include violations to the New Jersey... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 26, 2022

You really need to retain an experienced civil litigation attorney who has significant experience handling cases this type of case. With modern technology, there are no geographic boundaries that you prevent you from getting best possible attorney that you can afford.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

2 Answers | Asked in Family Law for New Jersey on
Q: I live in New Jersey and am looking to move to florida. I was wondering about how far in advance do I request this?

He has not seen my son in over 2 years and moved out of state but I foresee an issue with him as he has caused several issues in family court on and off for the past few years.

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 13, 2022

You will have to show that this move is in the best interest of the child and that you have the opportunity for a better quality of life. You need to retain an experienced matrimonial attorney to represent you in this matter. With modern technology, you can be represented by any high-quality... Read more »

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2 Answers | Asked in Contracts for New Jersey on
Q: Will my deposit be returned if the contract for the purchase of a used boat is cancelled by phone in less than 24 hours?
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 13, 2022

You really need an attorney to review the contract. Sending a letter by an attorney demanding a return of the funds is going to be the most effective way to handle this matter.

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1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for New Jersey on
Q: What type of attorney do I need to handle a solar company ? Our roof leaks into 3 rooms destroying our ceilings.

They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have someone from Florida threatening to file a lawsuit against me because they claim I owe them money.

He said he will file a civil suit. Do courts in Florida have jurisdiction in New Jersey? Do they have a case?

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

A civil suit is different from civil rights. Florida, like most states has what is referred to as a long-arm statute, which allows jurisdiction to be obtained against an out-of-state defendant. If you are actually sued, then you will need to retain an experienced FL civil litigation attorney.

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for New Jersey on
Q: Possibly civil suit between a contractor.Owner didn’t know existed wants to talk. Do I let him In my house? He’s never

Owner never been to my house or saw the work. His uncle the Forman represented himself as owner and gave estimate. Came back 3 times over 3 months when I complained. Now I fired them and owner wants to talk to see what work they can finish and get paid for. He’s never been in my home and he’s... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

No you do not let him into your house at all. You need to retain an experienced civil litigation attorney who knows how to utilize the New Jersey Consumer Fraud Act (if successful you will be awarded triple damages, plus attorney fees) and the Federal Magnuson Moss Warranty Act. But you are... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: What happens to the over $160,000 in arrears that’s owed if I pass away?
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 7, 2022

The arrears will go to your heirs if you pass away and have a will or trust. But since you are alive, you really need to retain an experienced matrimonial attorney to go after the $160,000. It needs to be reduced to a Judgment and Docketed in Trenton as a statewide lien. Then an Information... Read more »

2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

Appeals are rarely successful and will usually require a retainer of $25,000.00 just to get started. It is not likely that an Appellate Court will overrule the trial judge unless it is shown that the trial judge abused their discretion or made an unjustifiable decision. You are going to need an... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... Read more »

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1 Answer | Asked in Uncategorized for New Jersey on
Q: My car is out for repossession but im out of thecountry. Is been out for repossession for couple of month.

The car loaner know trying to find the money to pay it off. Will i have trouble coming back to the country?

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

You will not have trouble coming back to the US, but you really need to retain an experienced bankruptcy attorney to save your vehicle. Good luck.

1 Answer | Asked in Cannabis & Marijuana Law for New Jersey on
Q: Hello, I was wondering if I would be able to smoke weed in my car if it is off and parked on the curb next to my house
Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

Absolutely not. That is not legal in New Jersey. You need to do it in your garage if you have legally purchased the Marijuana. But if you are looking for trouble, which I presume you are not, then do not do it.

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New Jersey on
Q: My mortgage company (with escrow) did not pay my property taxes and property was sold at tax sale. What is my recourse?

My original loan provided paid taxes on both lots listed on the deed. A third party then bought my loan and in the escrow account they only paid taxes on one of the lots on my property. The other lot went unpaid for a year and then was sold at a tax sale.

I understand I have a redemption... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

You need to retain an experienced civil litigation attorney to review all the documents and pleadings involved to determine what causes of action you have and against who. Good luck.

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