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New Jersey Questions & Answers
1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
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answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... Read more »

2 Answers | Asked in Employment Law and Health Care Law for New Jersey on
Q: Coworker announced I was leaving early for medical procedure, is that against HIPPA?

I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

It is unlikely that your employer is a "covered entity." If it is, and there have not been repeated violations, it is possible your employer could be subject to a fine for disclosing this information. Depending upon the facts and circumstances, including whether the covered entity... Read more »

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2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Can a divorced husband have any rights to pensions earned after the divorce that his wife earns?

Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?

Richard Diamond
Richard Diamond
answered on May 30, 2023

On its face, your question should be simple to answer BUT......

If your divorce agreement states that your former husband is entitled to XX% of the marital portion of your pension plan and that a qualified domestic relations order (QDRO) is to be entered, dividing the benefits, the next...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... Read more »

Matthew Schutz
Matthew Schutz
answered on May 25, 2023

Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include...
Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: In the state of New Jersey can the prosecutor send you to trial without first giving you an offer?
David A. Simon
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David A. Simon
answered on May 24, 2023

There is no requirement that a DA give you an offer. Typically the DA will say their offer is "plead to the sheet". This means that you can just plead guilty to every single thing they've charged you with. A DA has broad discretion to settle the case and is not required by law to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a witness for the prosecutor provide false statements for an indictment can a motion to dismiss be filed for perjury?
David A. Simon
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David A. Simon
answered on May 24, 2023

There is no such thing as a motion to dismiss for a witness lying. Typically, the credibility of a witness can be attacked through skilled cross-examination by a defense attorney. The jury gets to decide whether to believe this witness. This would be a factual issue to be determined by a jury as... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: how to get custody established with a civil order that's in place ?

we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... Read more »

Leonard R. Boyer
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answered on May 21, 2023

A full custody case is a very expensive proceeding, which will require expert testimony. You need to make sure that you have the resources to retain the attorney and the necessary experts that will be required. You do not want to bring a case for custody and lose for lack of resources. With modern... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: how to get custody established with a civil order that's in place ?

we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on May 22, 2023

Thank you for your question. It sounds like there are several variables in your matter. A consent order for civil restraints is generally not entered without the consent of both parties. That being said, the best thing to do is have a consultation with an experienced family law attorney who can... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I was 9 days late in telling my landlord I was leaving and they"auto-renewed" me. Am I responsible for the rent?

I offered to pay an extra 9 days in rent to make up the 60-day notice period, but they have refused. I am leaving the apartment by June 30, 2022.

Morris Leo Greb
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Morris Leo Greb
answered on May 19, 2023

The issue should be addressed by terms included in the lease. Do you ave a security deposit? Did the landlord give you any advance notice of either renewal or nonrenewal of the lease? Pay the nine days. The landlord cannot lock you out if it is a residential lease. He must file a complaint with the... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hola Buenos dias me gustaria hacer una consulta el dia dia agosto 16 2022 mi esposo y yo ganamos la cancelacion

De deportacion pero hasta la fecha no hemos recivido ningun documento de la corte donde nos dija que esta cancelada y nos gustaria Saber que sigue despues de ganar el caso en la corte.

Muchas gracias

Ana S. Mendieta
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Ana S. Mendieta
answered on May 18, 2023

First and foremost, Congratulations to you and your spouse on winning a EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain nonpermanent residents.

You have not received any documents as yet, because the Judge has not issued a decision in your case. Your case is pending...
Read more »

2 Answers | Asked in Employment Law for New Jersey on
Q: Am I required to hold an emergency/on call phone when my employee contract never stated one ?

They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it

Eva Zelson
Eva Zelson
answered on May 24, 2023

If you do have a contract with your employer, contact an employment law attorney for review of the details. If you are an at-will employee, the job descriptions and the expectations for your job can change at any time, in which case, you would have to either find a new job, or adapt to the new... Read more »

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2 Answers | Asked in Employment Law for New Jersey on
Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me

Eva Zelson
Eva Zelson
answered on May 24, 2023

It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all... Read more »

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2 Answers | Asked in Contracts and Construction Law for New Jersey on
Q: Pool company sub-contracted excavation work - who damaged pavers, contract states pool company is not responsible?

Excavators, electricians, masons all have damaged our property- the pool company continues to reference the contract which states they are not responsible for any third party work, can this be possible for them not to take any responsibility?

Leonard R. Boyer
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answered on May 18, 2023

It is extreme rare for any type of home improvement contract to comply with the NJ Home Improvement Contractor Act and frequently the Statute of Frauds and the Consumer Fraud Act (which provides for triple damages plus attorney fees. A Judge will decide who is responsible. No matter what the... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

David Aldrich
David Aldrich
answered on May 15, 2023

No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

James L. Arrasmith
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answered on May 22, 2023

The term "Tabasco" is a registered trademark owned by the McIlhenny Company, specifically referring to their hot sauce brand. The use of the term "Tabasco" on your hot sauce label could potentially infringe upon their trademark rights. It is advisable to avoid using the term... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Son 19 goes to trade school and works part time ex wants to stop paying. Is this allowed in nj?

Divorce decree says we must share in post secondary costs.

Leonard R. Boyer
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answered on May 18, 2023

What you need to do is retain an experienced matrimonial attorney, since this child is NOT emaciated. College is not for everyone. A trade school is a valid form of post high school education, as long as it is a legitimate trade school, not some fraudulent operation like Trump University or DeVry.... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Son 19 goes to trade school and works part time ex wants to stop paying. Is this allowed in nj?

Divorce decree says we must share in post secondary costs.

Richard Diamond
Richard Diamond
answered on May 15, 2023

Start off with the presumption that no she cannot stop paying but I would send her an email, quoting from the terms of your agreement that both of you are obligated to share your son's college/trade school costs and ask her how or why she thinks that she should not have to continue paying in... Read more »

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1 Answer | Asked in Banking for New Jersey on
Q: am i legally required to pay back an overdrawn bank account

i deposited a check into my bank account it cleared so i started spending the money, i then got a call from my bank a few days later saying

the check had been flagged as fradulent and my bank account is overdrawn $4500.

Leonard R. Boyer
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answered on May 14, 2023

Yes, you are legally obligated to repay the check. I personally make it a practice if I have any doubts about the person or the check to call the issuing bank. They can tell you if it is safe to deposit the check in your account. The police in your town will probably allow you to file bad check... Read more »

3 Answers | Asked in Family Law and Divorce for New Jersey on
Q: How to get compensated for enduring abuse of parental alienation & all blocked communications by other parent in NJ?

Not sure if possible

Richard Diamond
Richard Diamond
answered on May 15, 2023

My suggestion is that you sit down with a divorce law specialist and let him / her guide you and explain to you what remedies are and are not available to you in a non-dissolution filing and what are and are not available to you in a divorce matter.

The worst thing that you can do is hire...
Read more »

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