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New Jersey Civil Litigation Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: What can I do if the seller refuses to sign the release of my escrow funds? Am I able to sue for more than my deposit?

I had issues with the house, which the seller advised he will fix. He never signed the addendum but advised he will fix it through email. At walk through days prior to closing, the items requested were not fixed, and he was unable to provide a CO. He requested to close still which I refused and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

You raise a number of difficult, technical issues. Were you represented by an attorney when you executed the contract ? If so, contact her to discuss your problems. If you were unrepresented was this because of yoor broker's recommendation? Immediately contact an attorney to discuss your... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New Jersey on
Q: my friend home is in atlanta,GA can our family stay his home legally for address proof. So that my son can go school
Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

You did not define the word 'stay'. If you mea=n reside full time. Then your son is able to attend school in the municipality in which the home is located. You will need to provide the necessary proofs to the Board of Education of the municipality such as written lease, proof of payment... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 8, 2021

You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by... Read more »

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2 Answers | Asked in Estate Planning, Civil Litigation and Probate for New Jersey on
Q: I lived w a man for 10 yrs & he just died he hasb2 children. He had a small policy just for the funeral in my name.

Do I have rights regarding anything else?

Morris Leo Greb
Morris Leo Greb answered on Jun 25, 2021

Yes, you may have certain rights. The palimony statute has changed in NJ. I would suggest you read it carefully.It is a bit confusing. The best thing to do is seek an attorney with experience to discuss this issue.

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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Land Use & Zoning for New Jersey on
Q: What is my legality in a commercial lease building that I’m hosting events/production?

Is it legal for the owner to get in my business?

Leonard R. Boyer
Leonard R. Boyer answered on May 30, 2021

You need to take your lease to an experienced NJ civil litigation and contracts attorney, who can provide you with meaningful advice. You may need special licensing, insurance and permits as well. All this takes time, especially if you have a tight schedule. You did not mention what town you are... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for New Jersey on
Q: Neighbor filed a municipal complaint about me calling police about loud noise music blasting all hours of the night

Claims my Ring Doorbell camera is pointed directly at her front door. We live directly across the street from each other

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 24, 2021

I would suggest that you contact a good criminal lawyer as it sounds like you may have some defenses to your case. Most of us criminal lawyers offer free in office consultation.

1 Answer | Asked in Civil Litigation, Criminal Law, Estate Planning and Civil Rights for New Jersey on
Q: Can the township impound my travel trailer that is in my brothers yard??

Brother said it’s ok, haven’t gotten any no ice

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 19, 2021

Maybe we would need to know the reason it was impounded to answer the question properly.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Jersey on
Q: NJDMV ISSUED MY DRIVERS LICENSE TO ANOTHER PERSON WHO GOT IT SUSPENDED. WHAT CAN I DO???
Leonard R. Boyer
Leonard R. Boyer answered on May 8, 2021

This does not make sense without knowing more facts. Getting any changes to a NJ driver's license is very difficult. Are you a N.J. resident who is temporarily in Alaska? More information is going to be needed to understand what is actually going on.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: May I file a Foreign Judgement in DE Superior Court myself? Trying to collect $ from default creditor who's now in DE.

I've handled this on own in NJ Special Civil Part. Plan to file for Exemplified Copy of Judgement next. I want to file in DE without a lawyer if possible.

Morris Leo Greb
Morris Leo Greb answered on Feb 5, 2021

Yes. However, to be prudent, check DE Court Rules to make sure your filing satisfies DE requirements.

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1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for New Jersey on
Q: Can my employer be held accountable for possibly infecting me with covid for not quaranting after international travel?

He did Not quarantine, and said he got a 24hr test done at a place I know does not offer that service. Only 2-4 days due to it being a public testing facility. Also a few people also became ill immediately after his arrival.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2021

You can sue anyone, but can you prove that you got covid from him and not someone else such as when you wen to the supermarket for food. This would be the defense your employer would probably assert. Not that you shouldn't try and you may also be entitled to workers compensation insurance.... Read more »

3 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for New Jersey on
Q: Found a property which has been abodoned in New Jersey: placed business logos on the property and have taken furniture.

Last sale listed in 2015, without an owner or realtor agent listing.

Claimed the property on Realtor.com.

What are the next steps I can take toward legal ownership of this property?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 18, 2021

You can't just take furniture from a place because you feel its been abandoned it may not be. That can be a criminal offense. If your trying to get a property by adverse possession be careful as many people end up not getting the property but getting a criminal charge instead for such things... Read more »

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New Jersey on
Q: can i get evicted if my bf/gf is living with me and not on the lease?

rent is being paid on time. never late. New Jersey standard lease

Morris Leo Greb
Morris Leo Greb answered on Jan 8, 2021

Depends on the terms contained in the written lease which you signed at the beginning of your lease term. Without seeing the lease, a more definitive answer can not be given.

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Does mutual release settlement agreement terms and verbage only pertain to case you agree to settle or all cases
Tim Akpinar
Tim Akpinar answered on Dec 15, 2020

I can't speak for employment law or workers' comp releases, but in a personal injury case release, the release is GENERALLY drafted to apply to a particular case at hand, where it will identify the particulars of the case, " ...injuries arising from a motor vehicle accident that... Read more »

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: I found small rocks and glass in my Perdue chicken. Spoke with them and they wanted to offer 50 $ what should I do

I have the debris and they want me to send it in.

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

At this point, you may have already resolved the matter. If you haven't, you could consult with an attorney. But cases that involve food contamination or foreign objects are generally based on a standard of actual damages. If no actual damages took place, a company will not generally extend an... Read more »

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How does the judicial system accommodate for, and assist spouses to move forward in resolving marital financial abuse?

What legal recommendations is there for a 34 yr marriage where the wife has worked PT while raising the children and being a homemaker, who is ready to retire, as children have moved out of the house. The husband has been angry and given the wife the silent treatment for 6 yrs. He pays rent, taxes,... Read more »

Andrew M Shaw
Andrew M Shaw answered on Aug 21, 2020

Thank you for posting this question. Marital financial abuse is a very serious issue, but the Courts do provide methods by which it can be addressed. While the Court cannot compel marital counseling, it can certainly grant a Judgment of Divorce that respects and acknowledges your rights (and your... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... Read more »

Melissa Totaro
Melissa Totaro answered on Aug 10, 2020

Based on the information in your question it appears clear that the venue is unwilling to refund your money voluntarily. You should contact an attorney that practices consumer law and provide them with your contract and the facts of your situation. If there is a strong case that the venue is... Read more »

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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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