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Questions Answered by Stuart Nachbar
3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a New Jersey license, but got a New York speeding ticket. I know this will give 2 point from NJ motor vehicle.

Can I still fight to not get these points at all? Or will get them regardless? If so I know I can do a defensive driving course to remove, but will my insurance still increase ?

Stuart Nachbar
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Stuart Nachbar
answered on Mar 5, 2022

If you fight in NY and win, the there is nothing to assess here in NJ under the Compact.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 13 and adding on fees !

I have been in Chapter 13 bankruptcy for four years and two months. I haven’t missed a payment on my mortgage or Trustee. My loan was for $210,000. My mortgage was sold and I received a letter saying that I owe $170,000 on my loan which has to be a mistake. Then they are saying, I owe $16,000 on... View More

Stuart Nachbar
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Stuart Nachbar
answered on Mar 5, 2022

If you are 4 + years into your BK, please go.speak with your counsel.and have him review the POC and ask for a post petition payment history. That should get a good handle on the situation

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Will you please help me and help me.file bankruptcy against my surcharges and fines I really don't know what else to do
Stuart Nachbar
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Stuart Nachbar
answered on Mar 3, 2022

While I agree with counsel, you have to be careful as to what the surcharge is for. If it is for DWI, then penalties maybe judgments which can only be handled with a Chapter 13.

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2 Answers | Asked in Bankruptcy for Utah on
Q: I am transgender and legally changed my name and gender. Do I answer a court summons to my old name?
Stuart Nachbar
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Stuart Nachbar
answered on Jan 14, 2022

This is not a bankruptcy question. This is a State Court matter, unless Federal Court, and you need to speak to someone in your State. This is because they (Plaintiff) may need to do an Alias Summons.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a speeding ticket for $55 in New Jersey. The cop told me I don’t need to go to court I should just pay online

Does this mean I also got points on my lisence ?

Stuart Nachbar
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Stuart Nachbar
answered on Jan 8, 2022

If you pay online, it is an admission of guilt and yes the points would be assessed

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Stuart Nachbar
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Stuart Nachbar
answered on Nov 24, 2021

Pursuant to the statute, you must have resided within the State of New Jersey for the past 180 days. or which District (Vicinage) you would be in is based upon your zip code. As you have to present your Driver's License, I would put that address, as you get you mail at a Post Office Box.

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1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Does signing over the title to a tow yard cover the tow fees as well as impound fees in nj also
Stuart Nachbar
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Stuart Nachbar
answered on Nov 19, 2021

Not always. It really depends on what the salvage value is and what they get for it. Read the fine print of anything they give you as it should explain what you may be liable for once you give them title. Make sure to get your plates back

1 Answer | Asked in Bankruptcy for Kansas on
Q: Can file for chapter 13 two years after I had a chapter 7 discharged 2 years?

Got some medical bills sense chapter 7 and payday loans when I was out of work I'd like to pay back at a manageable plan. I am back to work now and have a steady income but wasn't sure if chapter 13 was an option within 2 years or not.

*Added*

I understand I cannot get a... View More

Stuart Nachbar
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Stuart Nachbar
answered on Nov 19, 2021

You can not obtain a discharge this soon. The Statute provides in your situation the with holding of a discharge in a Chapter 13 if you have a discharge within 4 years under Chapter 7

3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Stuart Nachbar
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Stuart Nachbar
answered on Nov 18, 2021

A. This is the bankruptcy section and you are asking questions about civil procedure.

B. You can make a Motion to the Court to compel discovery and then if they do not comply, you can request dismissal

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2 Answers | Asked in Bankruptcy and Child Support for North Carolina on
Q: What can I ask

I Don't know what I can say

Stuart Nachbar
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Stuart Nachbar
answered on Nov 17, 2021

If you are speaking to your counsel, be truthful. If you are asking a question in this forum, be as succinct as possible and detailed, but do not divulge personal identifiers

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2 Answers | Asked in Bankruptcy for Colorado on
Q: How long after trustee’s final account and distribution report certification(form 101-7-TDR) until case closed?

Is there a timeline for this? For chapter 7

Stuart Nachbar
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Stuart Nachbar
answered on Nov 15, 2021

It depends on whether chapter 13 (which can be 45-90) vs a Chapter 7 which is 30-60 days

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How can I interprate 2021NJ law Section 39:4-56.1 B
Stuart Nachbar
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Stuart Nachbar
answered on Nov 15, 2021

The statute says: No person shall willfully abandon a vehicle upon the public highways, bridges or tunnels of this State, or upon any highways, bridges or tunnels in this State operated by any authority of this State or by any authority created jointly by this State and any other State for the... View More

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4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I be issued 2 tickets for same offense on same day?

Received a ticket for parking too close to a fire hydrant at 4:48 am which I paid. Then just received a notice for another ticket, which apparently was issued at 8:16 am the same day. I did not receive this ticket and was not even aware of it until today. Do I have to also pay this one?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 10, 2021

You should double check with the Court to make sure not a double listing. If not, it is possible to get 2 tickets for the same non moving violations. If that is the case, please pay same

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Will my credit be destroyed for 7 years if my brother Sells the house that I co-signed for him through bankruptcy?

So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.

I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... View More

Stuart Nachbar
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Stuart Nachbar
answered on Nov 9, 2021

I believe that consulting with counsel is always beneficial. The question is are you on Deed/Title and/or Mortgage. That is the first and foremost questions. As for your credit, please check your report and see what has already been the effect.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: is 39:4-22 a real law?

Can this be used for moving vehicles?

Stuart Nachbar
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Stuart Nachbar
answered on Nov 4, 2021

The statute states "No person shall cease to hold the reins in his hands while riding, driving, or conducting a horse.". I AM NOT SURE how this applies to motor vehicles except for horsepower of a vehicle and keeping hands on the steering wheel.

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: The bank filed a replevin order a few months before I filed bankruptcy last week. They are still trying to serve me.

The sheriff came by to serve me this morning and I wasn't home. What do I do? Can I still be served even though I filed bankruptcy?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 3, 2021

You should speak to Counsel in your region. The automatic stay should stop the lawsuit and service. If they had notice, they could be liable for sanctions.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Are suspended lawyers allowed to prepare bankruptcy petitions in nj
Stuart Nachbar
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Stuart Nachbar
answered on Oct 4, 2021

As that is engaging in the practice of law, I do not believe so

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over in NJ for “unclear/fictitious” plates & unregistered vehicle. I purchased the car privately & NJMVC

The Closest NjDMVs (70 miles) were closed due to staff COVID infections -on the 2 separate occasions that I had appts for. I showed the officer my valid insurance for the vehicle and the title and bill of sale. The car has been fully insured & I had the title and bill of sale. Despite... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 10, 2021

You definately can speak to the prosecutor and even the Judge. They may reduce or give less of a fine. I always urge clients to hire local counsel as it may work in your favor as well

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a 39:3-15 while being parked in nj what fines apply to this ticket
Stuart Nachbar
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Stuart Nachbar
answered on Aug 25, 2021

You are looking at a $300.00 fine for a car and possible suspension of license and registration privileges if not taken care of quickly

4 Answers | Asked in Car Accidents for New Jersey on
Q: Was n a hit and run accident how long it takes to receive any status

I was hit by a Mack truck I was a backseat passenger in vehicle it was a hit and run if the driver has insurance. Who do i sue how long does the process take to get a lawsuit

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 13, 2021

There is alot to deal with here. Cases like this can be done in a year or so, depending on treatment and cooperation. There maybe Uninsured Motorist issues and identifying the Defendant. IF it was a hit and run, did someone get the license plate and was it reported to the Police?

Make an...
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