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Questions Answered by Stuart Nachbar

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: A Jeep Wrangler is designed to have removable doors. Assuming the vehicle has all required mirrors and the driver is...

...wearing a seatbelt, is driving a Wrangler without doors a violation of 39:3-44?

Stuart Nachbar answered on Aug 19, 2019

I do not believe driving without the doors if the mirrors are attached to the main body is a violation

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: i got a ticket in maryland for railroad crossing MR-11-392.10a. will i lose my dl

Stuart Nachbar answered on Aug 17, 2019

No, this single ticket in and of itself would not cause loss of license. I do not know what other tickets are on your license so I can not make a full determination if you are subject to administrative suspension

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4 Answers | Asked in Bankruptcy for New Jersey on

Q: Thinking bout filing for bankruptcy? I live in Pleasantville NJ Atlantic county I have limited funds can I file on my ow

Can I file on my own did any file for free

Stuart Nachbar answered on Aug 7, 2019

YEs, it is possible to file on your own, but free is another story. You will have to file an Application with the Court to waive the filing fee or pay same in installments. I seriously recommend you call Atlantic County Legal Services (if they have such a thing) and see if they can help you. I... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on

Q: What do I need to file bankruptcy in NJ? My money is very limited so can I file on my own or is there lawyer for free

Stuart Nachbar answered on Aug 7, 2019

You are able to file on your own (or Pro Se), but it is dangerous. You do not state where you live, so I cant tell you who to go to, but an example is the Essex County Legal Services which services very lo income. Another possibility is to talk with a lawyer and see what type of fee he/she can do... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: If i received a ticket in NJ for a hand held device but my licence is from NY. Do they go by NJ rules or NY? Any point?

Want to know if they follow NJ rule of just a warning and a fine or NY rule and i get points on mu license?

Stuart Nachbar answered on Aug 6, 2019

The Driver License Compact is an interstate agreement between 45 states to exchange information about license suspensions and traffic violations of non-residents, including DUI offenses. Its theme is "One Driver, One License, One Record."

The five non-member states are Maine, Michigan,...
Read more »

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2 Answers | Asked in Bankruptcy for Delaware on

Q: Should I hire bankruptcy attorney in DE?

FTD sued me in Illinois over contract a dispute in March. I am in Cambridge, Mass. I hired an attorney in IL who specializes in contract law. In June while we were in litigation FTD declared bankruptcy in DE. Our case is placed on hold. My attorney in IL has been notified that we are one of the... Read more »

Stuart Nachbar answered on Jul 16, 2019

Even if it is to put a Proof of Claim, I would be retaining Counsel to handle same

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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: are there any points associated to the violation of traffic regulation section 39:3A-1?

We got a ticket a couple of days ago related to 39:3A-1 (Television screen visible to driver) and was wondering if there were any points related to this violation. The ticket says non-payable offense so will go to the court but we were not sure if there were points that we need to clear up.

Stuart Nachbar answered on Jul 11, 2019

As far as I know, this is not a point offense and the fine is discretionary in the amount with the Judge and prosecutor. There is a movement to try and make this a point violation along the lines of a distracted driving offense. Apologize to the Court, and try and get out of there with the lowest... Read more »

5 Answers | Asked in Bankruptcy for Virginia on

Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

Stuart Nachbar answered on Jul 9, 2019

Just give them your case #, the district you filed in, and your attorney's name and number and hang up.

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1 Answer | Asked in Bankruptcy for Tennessee on

Q: Can fees be waved if im on Social security disability filing bankruptcy?

Barely survive and afraid cant afford attorney fees an filing fees

Stuart Nachbar answered on Jul 5, 2019

There are many Pro Bono groups that help Debtors in your situation, and you can apply to waive the filing fees. Contact you Bar Association or County Lawyer Referral Service and/or the Bankruptcy Court in your area for more information.

4 Answers | Asked in Bankruptcy and Divorce for Ohio on

Q: Do I have to have a finalized divorce before I can file bankruptcy?

I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »

Stuart Nachbar answered on Jul 3, 2019

In New Jersey, if you are living separate and apart, then it is possible to file without your spouse. The consideration of deciding whether to divorce first or file first, is a question better suited for an in depth discussion with a matrimonial counsel who is familiar with Bankruptcy in your area.

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4 Answers | Asked in Car Accidents and Personal Injury for New Jersey on

Q: I was injured in an auto accident on January 7, 2019, It was clearly not my fault, as indicated in the police report.

The other driver's insurance company has been contacting me nearly every week to settle the matter for $3,000. He tells me that I do not have much time left. I have a spinal cord injury which, although not too serious, has left me in pain to this day. What should I do and how much time do I have... Read more »

Stuart Nachbar answered on Jul 3, 2019

Personal Injury matters have a 2 year Statute of Limitations (so January 6, 2021 to file a lawsuit against their insured). I strongly urge you to get with a Personal Injury Attorney and review the matter. They insurance company is trying to limit their exposure, or perhaps that offer only... Read more »

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for New Jersey on

Q: If a judge it's a court order the 2% of wages can be garnished how is it possible that the plaintiff attorney could then

Say screw you judge I'm going to take 100% of your wages by freezing the bank account isn't that contempt of court isn't that directly Define the judge how could it possibly be legal

Stuart Nachbar answered on Jun 28, 2019

The difference is a wage garnishment vs a levy. Wage garnishment is up to 10% of weekly pay. A levy is on an asset, including a bank account. It does not matter that it is wages, because unless it is social security, it is not exempt. Hope you see the difference

1 Answer | Asked in Collections for New Jersey on

Q: Does the Servicemember Civil Relief Act apply towards post judgment interest rates?

Stuart Nachbar answered on Jun 25, 2019

I do not believe so. While it does protect against default judgment, and it does force creditors to only charge a 6% interest (cap), being that Post Judgment Interest Rates are not that high, I would not think so

4 Answers | Asked in Civil Litigation for New Jersey on

Q: Hello My name is Jessica.My sons dad is receiving a settlement next week.will i receive something?

What could be a reason i dont receive? Thank you

Stuart Nachbar answered on Jun 25, 2019

It is impossible to determine an answer to your question as there are facts missing. What type of settlement? Why would you be owed something? What Court and the background on this matter. I am sorry, but I do not have enough facts to answer this

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2 Answers | Asked in Bankruptcy for Florida on

Q: I filed bankruptcy in 2014 or 15 how can I get a copy of it my lawyer seems to have been suspended and does not answer

I also have been contacted by a collection agency

Stuart Nachbar answered on Jun 13, 2019

You can go online to www.pacer.gov and set up an account and find it that way or you can go to the Bankruptcy Court and make the request

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3 Answers | Asked in Bankruptcy on

Q: If I file chapter 7, will they make me sell my home and property?

Stuart Nachbar answered on Jun 7, 2019

This is a very broad question, and without sufficient details to give a precise answer. Such things one needs to know is in what jurisdiction are you filing? What is the Fair market value of the house vs the outstanding balance owed on same? Without answering or knowing those items, very... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: need an office consultation with a traffic ticket lawyers

how can we arrange as soon is possible an office consultations with some of yours traffic ticket lawyers

We live in Monmouth Junction 08852 Nj

Regards

Stuart Nachbar answered on Jun 5, 2019

I offer free consults no matter what if you want to call my office number located on my profile

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2 Answers | Asked in Bankruptcy on

Q: May I know how to sue someone who refused to pay back the money he borrowed from me please?

Stuart Nachbar answered on Jun 4, 2019

While Counsel who has previously answered is correct, you have posted this in Bankruptcy, so I presume that the person who owes you money has filed for bankruptcy. If they have you are prevented from filing a complaint in the State Court system. The only way is to file either a Motion to Vacate... Read more »

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3 Answers | Asked in Bankruptcy for New York on

Q: Can we obtain low cost or free Lawyer services for Bankruptcy filing?

We have no assets and no savings. We need to declare Chapter 7 as soon as possible, We are in Suffolk County, NY.

Stuart Nachbar answered on May 24, 2019

Call legal services of Suffolk county, or call the court and ask for the lawyers referral service

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2 Answers | Asked in Bankruptcy for Florida on

Q: After chapter 13 bankruptcy payments begin, can trustee take VA disability income away?

I'm 74 years old. Chapter 13 payments began in July of last year, to save house and repay a certain percentage of unsecured debt, on 5-year plan. They take over half of fixed income from military retirement, SS, and pension plans. At the time I was only on 40% of VA disability, so no direct... Read more »

Stuart Nachbar answered on May 9, 2019

A drastic change in circumstances warrant advising the trustee. It would not be part of your Current Monthly Income Test as it would be exempt. Trustee should not be able to seize or demand those funds.

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