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Questions Answered by Paul J. Riviere
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for New Jersey on
Q: I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive

I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive... had an accident... the injured party is suing...my name is listed...as a potential defendant because the vehicle was registered to me...I have about 30 days to respond.

Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

Call your insurance company and let them know you are being sued. They will most likely assign you counsel. If the vehicle was uninsured you will have to get counsel on your own and to defend against the lawsuit.

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1 Answer | Asked in Contracts, Estate Planning and Collections for New Jersey on
Q: What must be included in a creditor's claim letter against an estate?
Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

As per N.J.S.A. 3B:22-4, Creditors of the decedent shall present their claims to the personal representative of the decedent’s estate:

-in writing, and

-under oath,

-specifying the amount claimed, and

-the particulars of the claim.

-within nine months from...
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2 Answers | Asked in Business Law for New Jersey on
Q: My wife and I ran a small LLC for five years. Slow sales are forcing us to close in Feb. 2020. In the meantime, FedEx i

We ran a business with best intentions but lost lots of money, and I feel it is wrong for others to sue wy wife who is the CEO while we hoped for some Corporation protection from personal assets. Can we ask the court to remove my wife from the lawsuit and deal with the corporation only? What is the... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 17, 2019

Ignorance is never bliss in the legal world. The protections to you and your wife as members via the LLC are not unlimited. Courts will “pierce the corporate veil” and allow personal liability to attach to individual members for debts and obligations of the LLC if:

- the LLC was used...
Read more »

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1 Answer | Asked in Securities Law for New Jersey on
Q: Am I legally allowed to receive a fee (finders fee) for making an introduction to someone who gave a loan to a business?

I understand that I can’t receive a fee if I find an investor - but I’m assuming a loan would be ok?

Thank you.

Paul J. Riviere
Paul J. Riviere answered on Dec 16, 2019

Generally speaking you can legally pay a referral fee on a commercial loan. For example if you apply for a commercial loan online via a lending aggregator, a referral fee may be charged to the loan. Lender will often pay this fee, but some aggregators pass this tax the borrower.

1 Answer | Asked in Business Law for New Jersey on
Q: I have an S Corp, I signed a software contract and breached contract. I owe them money, Can they sue me personally?
Paul J. Riviere
Paul J. Riviere answered on Oct 29, 2019

Generally speaking a corporation's officers and directors are not personally liable for the obligations of the Company. As always there are exceptions to this general rule so it is definitely a good idea to talk to a good business litigator; you are going to need one to handle the lawsuit.

1 Answer | Asked in Military Law, Contracts and Business Law for New Jersey on
Q: Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Paul J. Riviere
Paul J. Riviere answered on Sep 19, 2019

If you have orders for either a PCS or a deployment longer than 90 days federal law, will let you terminate your lease. If this is the case just let your landlord know as soon as you can.

2 Answers | Asked in Business Law for New Jersey on
Q: Is there any legal issues if you set up a 50/50 LLC in NJ and in the first year the K-1 shows unequal capital accounts?

This is a bar and restaurant. There are 2 LLCs. One for the business & liquor license and the other for the real estate.

Paul J. Riviere
Paul J. Riviere answered on Jun 29, 2019

The IRS will value the interests as per the K1. Your final capital account sum is reflection of what that member's taxable gain would be if the interest were sold. Speak to a tax professional, as well as, a lawyer.

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1 Answer | Asked in Business Law for New Jersey on
Q: I recently opened a business with 2 other partners, they are husband and wife. We each own 33% of the company.

We don’t have a partnership agreement. The 2 partners are making decisions without my approval and I don’t trust them. How do I stop them? The business is a franchise and is doing well. They want me out now that it is profitable but this was my business idea and I’m not willing to sell my... Read more »

Paul J. Riviere
Paul J. Riviere answered on May 20, 2019

You have to get counsel and get them to the table to put together an agreement going forward. If they are not acting within their fiduciary duties (duty of loyalty and the duty of care) to you, you may have to go to court to get this accomplished. Spend some money now to avoid spending much more... Read more »

3 Answers | Asked in Business Law for New Jersey on
Q: Business started in England, but now expanding - how do we set it up in New Jersey?
Paul J. Riviere
Paul J. Riviere answered on Dec 14, 2018

Simple answer is that you are required to register your foreign company with the state of New Jersey if your business is transacting business here in New Jersey. Speak to an attorney to get the details specific to your needs.

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2 Answers | Asked in Business Law for New Jersey on
Q: what was requirement to desolve a corporation in 1998 in new jersey
Paul J. Riviere
Paul J. Riviere answered on Nov 30, 2018

If it was an LLC then it is not a complex process. An LLC formed prior to March 20, 2013 may simply be canceled (closed). This takes place by filing the required cancellation form with the New Jersey Department of Treasury. You will also, need to file tax returns and pay any outstanding taxes due... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: I own a duplex under under a one family deed withmy bro he has moved and wants to sell as a condo can I put up a fence?

He has told me he can sell his half as a condo, but I was a mortgage processor and has basic knowledge. I do not want my yard as commom space. I have 2 large dogs and would like a fence for safety purposes as well as privacy, can I legally do this?

Paul J. Riviere
Paul J. Riviere answered on Apr 13, 2018

First it needs to be converted to a condo. A survey is done to define the private and common areas, set designated parking spaces and storage areas for each owner. A master deed and by-laws must be drawn up and recorded. These are legal documents prepared by an experienced real estate lawyer. The... Read more »

2 Answers | Asked in Workers' Compensation for New Jersey on
Q: IN NJ does a corp with the 2 owners (husband & wife) being the only employees need workers comp insurance by law?

Specifically the question is about a S-Corp Incorporated in NJ.

Business is operated in NJ.

Husband and Wife are the only Owners, Shareholders, Officers, Directors, and Employees.

Paul J. Riviere
Paul J. Riviere answered on Apr 10, 2018

All partnerships and limited liability companies (LLC's) operating in New Jersey must maintain workers' compensation insurance or be approved for self-insurance so long as any one or more individuals, excluding partners or members of the LLC, perform services for the partnership or LLC, for prior,... Read more »

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1 Answer | Asked in Child Custody, Family Law and Child Support for New Jersey on
Q: Can a father voluntary give up his parental rights in NJ, giving sole custody to the mother, if both parties agree?

Can the father give up his rights prior to the child being born if both parties agree and mother does not need financial assistance of any kind? The parties are not married and are no longer in a relationship. The father has not been involved or shown any interest in being involved in the child's... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Without someone waiting to step into the father's shoes and adopt the child, the father cannot just walk away from his legal ties to the child or his obligation to pay child support. However, with the help of an attorney the parties can have a Consent Order prepared giving the mother sole custody... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: Am I required to request permission from the court to relocate out of state if minor child was born/raised elsewhere?

Re: NJ Statute Title 9, Section 9:2-2 , which dictates "...have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent...". We've only lived here for 3+ years. She lived in NC for the first 6 years of her life, and I am now graduating from... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Either you need need to seek permission from the Court, unless you have written permission from the other parent in order to move out of State. Get a lawyer to secure the proper permission.

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: If someone said you had a tazer and they didn’t find one upon your arrest can they convict you?

If that person was your partner and wants to drop all charges even the state picks it up how long will it takes for you too see your partner after they want to dismiss charges on you?

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

No one can be convicted until they plea guilty or a jury or judge finds them guilty. Sounds like the State's only witness is one that doesn't want to testify against you. In my opinion unless a police officer observed you with the weapon, the State doesn't have much a case. You and your partner... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I signed a 1 yr lease on a NJhome for occupancy May 1st, security deposits cashed. LL now states she has new offer

LL states she has new offer for $3000/yr more & 2 yr contract. I signed for advertised price. Is this legal to void my lease after our signed contract? LL is a real estate agent/owner of property

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Absent an agreement in the Lease to the contrary, a Tenant is entitled to an award for damages upon breach of the Landlord duty to deliver possession and also has the right to terminate the Lease. Talk to an attorney. Question really boils down to are you willing to pay money for an attorney and if... Read more »

1 Answer | Asked in Business Law, Contracts and Consumer Law for New Jersey on
Q: I feel a small used car company intentionally made changes to a contract without my knowing. I want to know if its Legal

I was on the phone with car insurance when they had my girlfriend sign papers that I was unaware of. I asked for a copy of the papers and they told me they would email the papers to me. When I received the paperwork, my name was crossed out as owner and my girlfriends name was written in. On the... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Put simply, if someone signs a contract without the party’s consent, the party is not bound by that signature or document because the signature does not manifest the intent to be bound by it. Talk a lawyer about your transaction.

3 Answers | Asked in Probate for New Jersey on
Q: What are my rights, under NJ probate law, as a beneficiary to get inheritance check from executor?

My Aunt passed in 2016 and her will was filed in the County of Monmouth, NJ. After her death, to my surprise, I learned from my cousin, she bequeathed me a lump sum cash legacy. My cousin, her son, is the executor and only other beneficiary named in will. My cousin has been telling me I had to wait... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Within 60 days of the date of probate, an executor is required to mail a written notice to all named beneficiaries stating that the will was probated, so the executor ran afoul of this requirement by your account of the matter. The deceased person’s spouse, heirs and next of kin also are entitled... Read more »

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