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Questions Answered by Paul J. Riviere
1 Answer | Asked in Business Law and Collections for New Jersey on
Q: i had convenience store and by my employee, food stamp fraud happen and need help for that.

i got letter for $12k penalty but did not pay and closed store. but even after couple of year, they took money around $15k and still shows $23k i have pay after penalty and interest on it. i would like to resolved this. please help.

Paul J. Riviere
Paul J. Riviere
answered on Aug 18, 2020

It sounds like you may have received a charge letter, pursuant to 7 C.F.R. §278.6(b), did you respond? You need an attorney to help you mitigate the penalties you are faced with. The USDA or AG's office can be very challenging to deal with.

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Can I cancel my wedding in NJ in 11/2020 under the impossibility clause for a full refund due to COVID?

I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.

Paul J. Riviere
Paul J. Riviere
answered on Aug 13, 2020

Depends upon your contract and circumstances leading up to your wedding date. I have information posted on website about this issue which may give you some insight.

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Are guaranteed payments permitted without a partnership agreement being in an existent NJ LLC ?
Paul J. Riviere
Paul J. Riviere
answered on Jun 15, 2020

GPs should be contained within the Operating Agreement. You also need contingency planning in case GPs become impractical or impossible. Speak with an experienced business attorney to get an agreement that works for your business.

1 Answer | Asked in Business Law for New Jersey on
Q: I opened a business with a partner who moved away and now after we agreed he was out keeps trying to get money.

What can I do to get him out for good and so that he has no recourse to try to claim a portion of the business anymore

Paul J. Riviere
Paul J. Riviere
answered on Jun 15, 2020

You need to come to terms on a transfer of the absent partner's interest in the business to you. This can be done with a buyout or some other form of transfer or in the worst case scenario by judicial determination. Get in contact with an business lawyer to proceed properly.

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Hello, I was thinking about starting an advertising/marketing business online where I’ll post on social media accounts.

What licensing will I need to acquire and how much will I be taxed or charged to hold the business

Paul J. Riviere
Paul J. Riviere
answered on Jun 15, 2020

You need to set up a corporate entity under which you will run your business. The taxes you will pay will be a factor in which corporate structure you decide upon. Get in touch with a business lawyer to get all set up.

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1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have created a digital course(info product) that shows people how to run digital marketing ads for local businesses

One of the method that is teached is a Unquie method of remarketing. There is a paid program out there that teaches a simailr version of this as well, as well as information online about it. I have used some of this work as inspiration, and created a similar strategy in my own words, but the end... View More

Paul J. Riviere
Paul J. Riviere
answered on Jan 24, 2020

It seems your teaching/coaching methodology may be protected by copyright and/or patent protection. Copyright law protects original works of authorship; caveat is it need to be in a tangible form like videos or books. There is not enough information here to say yes or no. If the paid program that... View More

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... View 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 the date of the decedent's death.

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... View 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...
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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... View 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... View 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... View 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... View 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,... View More

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