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New Jersey Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If a police officer marks down the speed limit on the ticket then can I fight the speeding ticket since he can't prove?

I was regrettably doing 88mph in a 35mph school zone. Honest to God I didn't know I was in a school zone I thought the speed limit was 50 either way I was late for work and speeding. So the officer told me I was doing 88mph then comes to give me the ticket and I realized he marked it down and... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Sep 29, 2022

There is also the possibility that the prosecutor will have the officer’s handwritten notes indicating that the officer already gave you a break when he issued the speeding ticket to you. If you are concerned, however, then meeting an attorney for a consultation might be something to consider... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.

Richard Diamond
Richard Diamond
answered on Sep 28, 2022

Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.

My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 27, 2022

Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
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Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
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Morris Leo Greb
answered on Sep 23, 2022

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 20, 2022

Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Can I still receive a ticket in this matter?

Hello, I was in a traffic accident approximately 1yr and 5 months ago where I rear ended a motorvehicle. My vehicle (Sedan) was totaled the other vehicle (SUV) had some had rear end damage. After flagging down an Officer they completed their investigations and towed my car. I received the tow... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2022

You can't still receive a ticket as you would be past the statute of limitations, but it sounds like you may already have had one. I would hire an attorney to research this and see if any tickets arose out of the situation to make sure you don't have a warrant for your arrest for not... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: a police officer motioned for me to put seatbelt on and i did. then 30 secs later he pulls me over and gives me a ticket
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 16, 2022

That's the same as the police officer motioning/telling you over his speaker to slow down. That doesn't mean that he can't give you a ticket later for speeding at that time. So yes you can still get a ticket for what happened.

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Are there exemptions from paying child support in NJ for persons whom are permanently disabled (brain injury)?

My aunt's husband took a bullet to the head and is now on permanent disability. He is not all there cognitively and he will end up receiving scrap money from disability. They are going to issue a warrant for his arrest and he will absolutely NOT survive if sent to prison. The man is not stable... Read more »

Richard Diamond
Richard Diamond
answered on Sep 15, 2022

He ( and a guardian on his behalf) need to meet with a family law attorney immediately. Yes, there are provisions in the law to address an individual with legitimate disabilities and presumably, if he is disabled, his child[ren] are receiving benefits as well.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is there a legal distinction between the terms “roadway” and “highway?” Are they interchangeable?

For example if a section in this law refers only to “highways” does that law apply to all roadways? In regards to a pedestrian moving law.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 14, 2022

It would depend on the statute where each one is written. Don't forget that statutes are written in different years and times so many words may mean something then and something different now, you have to look at the definition at the time the law was passed.

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1 Answer | Asked in Employment Law and Contracts for New Jersey on
Q: How can I get out of a 72,000 expense reimbursement contract from my employer?

My employer detailed a $6,000 a month x 12 month training cost that required 24 months of work upon completion of the program otherwise repayment for the uncompleted months. Research shows the training program used did not cost 72k and my training did not last 12 months, only the “orientation... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

More information is needed here - you should contact a New Jersey contract attorney to discuss your situation in greater detail. Repayment terms are generally enforceable to the extent they fairly approximate the value of what your employer paid for. However, the longer you've worked with the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My doorman/management has misplaced my spare key. I don’t feel safe. Can I force my landlord to replace the locks?

am a tenant in Jersey city. My apartments spare key is kept with the doorman. I got locked out today and requested the spare key. The doorman showed me that the key was missing from the spare key cabinet. The super let me in but I believe the landlord may have taken the key. I don’t feel safe... Read more »

Matthew Schutz
Matthew Schutz
answered on Sep 11, 2022

It is a violation both of civil law and criminal law in New Jersey to lock you out of your apartment. What I would suggest you do is to change the locks on the door and leave a copy of the key with the doorman, get a signed receipt. In that way the landlord can't accuse you of changing the... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Closing on a house but seller can't vacate. An occupancy agreement was suggested. Should we tell our mortgage lender?
Morris Leo Greb
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Morris Leo Greb
answered on Sep 10, 2022

I believe allowing a seller to remain in the premises after closing is a very bad idea. If the Seller can not meet the closing date, postpone the closing. Provide in the postponement that Seller shall reimburse you for any costs you may be subject to as a result of Seller's inability to meet... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

1 Answer | Asked in Uncategorized for New Jersey on
Q: My vehicle was towed after a wreck and I was told I may not retrieve my belongings until it is paid for is that correct?
Leonard R. Boyer
Leonard R. Boyer
answered on Sep 7, 2022

No that is correct at all. Call the police if this problem persists.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer notify an employee 5mins before a double shift starts that their shifts have been canceled indefinitely

These two shifts that were terminated on 5 minutes notice made up half of the employee's weekly income as an Emt-b in the state of NJ.

Reason cited for terminating shifts were for "budgetary purposes" when clearly it is not.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 6, 2022

Employers have a lot of discretion regarding changes to work schedules, and there are no laws that require employers to offer a certain amount of hours, so your employer's actions are not inherently unlawful. However, if you believe your hours have been reduced based on a discriminatory animus... Read more »

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... Read more »

Richard Diamond
Richard Diamond
answered on Sep 6, 2022

You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... Read more »

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