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Questions Answered by Stuart Nachbar
2 Answers | Asked in Traffic Tickets for New Jersey on
Q: 39:4-98.29 is this put points on my license
Stuart Nachbar
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Stuart Nachbar
answered on Aug 11, 2021

Yes, this is at least a 2 point violation and I strongly urge you to get counsel in the area of the court as they are usually more knowledgeable of the happenings and trends in their Court.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: between one is better to plead - unsafe driving - or care less driving
Stuart Nachbar
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Stuart Nachbar
answered on Aug 5, 2021

Unsafe Driving on a third offense is a 4 point violation, whereas Careless can be a 2 point. There is also the 97.2 which is an unsafe on the first time which is a Zero Point but a 400.00 fine. so it all depends on the situation

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: In NJ can I plead down on 39:4-97 and 39:4-144 if I have a bad driving record?
Stuart Nachbar
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Stuart Nachbar
answered on Aug 4, 2021

You can always ask the Prosecutor, and the worst he can do is say no. Every Prosecutor is different and it depends on your demeanor and attitude and also if you gave the Police Officer that gave you the most recent ticket a "hard time." I strongly urge you to seek out competent counsel... View More

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2 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Hi! File bankruptcy now or wait on half of 401K funds due to me from QDRO? Also,CC comp suing me. Court hearing soon

No clue what to do first. Divorce decree from OCT states that I intend to file for bankruptcy. However, QDRO funds are WAY overdue due to negligence of ex, his lawyer,both…so it’s costing me money in lawyer fees every month chasing them down. I’m broke. Now I can’t afford to pay another... View More

Stuart Nachbar
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Stuart Nachbar
answered on Aug 4, 2021

I highly recommend that you see/consult with an experienced bankruptcy professional in your state. You have the issues as to whether you can use a Homestead Exemption in your bankruptcy, should you deposit the QDRO funds and how, not to mention any other distributions and liabilities via the... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If I get a speeding ticket in another state how many points will I get in NJ

I got a speeding ticket in Virginia, but I have a New Jersey License. I read a couple things that said the points will be transferred based on home state. So I was trying to figure out if it is just 2 points or the full 6 points that Virginia will give me.

Stuart Nachbar
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Stuart Nachbar
answered on Aug 2, 2021

As Virginia is part of the Motor Vehicle Compact (meaning reciprocal) you probably will get the full 6 points. Find an attorney to represent you in Virginia and get the points reduced if possible

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2 Answers | Asked in Car Accidents for New Jersey on
Q: 39:4-129 Action in case of accident. insurance was notified immediately after the accident. is this still offence
Stuart Nachbar
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Stuart Nachbar
answered on Jul 26, 2021

The Statute you are speaking about is Leaving the Scene of an Accident, which means you left before the Police arrived. It is a 2 Point ticket if there are no injuries, and 8 points if there are injuries. I strongly urge you get in touch with an attorney in the area where the accident took place... View More

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2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... View More

Stuart Nachbar
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Stuart Nachbar
answered on Jul 26, 2021

You need to provide us with a question that can be answered. Long and short, contact counsel in your state as it appears you need assistance

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2 Answers | Asked in Bankruptcy and Products Liability for New Jersey on
Q: Hello I ordered from difeel and have not heard anything back from them and the tracking number was not ligit

And they have took my money of already for the order so im just wondering if they are a scammer company or ligit pls

Stuart Nachbar
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Stuart Nachbar
answered on Jul 26, 2021

There are many things out from Difeel, but if you haven't heard from them, check their site. There maybe a customer contact #. Also, I would notify your bank or credit card an d either dispute the charge if on there, or put a hold on it. IF they took your $, you may be able to file a... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: For statute no 39 4-97.3, if you are at a stop sign and you look at your phone. Are you violating the statue?
Stuart Nachbar
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Stuart Nachbar
answered on May 11, 2021

Yes, you are as the statute say using, and also says that it shall not impede operation. If you are at a Stop sign, you are not paying attention to the road and the flow of traffic

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it legal to cite a driver for wrong way driving when it happens at a drive through at Mc Donald’s?
Stuart Nachbar
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Stuart Nachbar
answered on Apr 21, 2021

It would depend on if it is private property or not. If it is not privately owned property, then yes it would be

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6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Stuart Nachbar
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Stuart Nachbar
answered on Apr 1, 2021

I would say yes, but it depends also on whether they actually passed the Professional Responsibility part of the exam as well. Unfortunately, too many today do not practice the ethics we are supposed to be held to

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Stuart Nachbar
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Stuart Nachbar
answered on Mar 24, 2021

As a bankruptcy attorney, I would suggest a consult, provide proof of income, if possible appraisals of the property and rent roll for same. Also, need to determine if she is liable for any of the cards, as in were any of the cards joint cards, or were they only in his name. We offer free consults

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3 Answers | Asked in Bankruptcy, Consumer Law and Divorce on
Q: Will you be my lawyer
Stuart Nachbar
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Stuart Nachbar
answered on Feb 17, 2021

I am in New Jersey and not licensed in Colorado

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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... View More

Stuart Nachbar
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Stuart Nachbar
answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Car Accidents for New Jersey on
Q: Someone hit my car and leave, but a person that saw the accident leave a note for me with the car description.

Can I use a anonymous note as a proof?

Stuart Nachbar
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Stuart Nachbar
answered on Dec 31, 2020

I recommend that you file a Police Report and give the Police the note and let them decide what to do in terms of charging the person (driver). The unknown driver could be liable for the damages to your car as well as leaving the scene of an accident.

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4 Answers | Asked in Bankruptcy for California on
Q: What happens when the chapter7 judge grants/terminates, motion of stay to the creditor?

Creditor is for secured for vehicle I do not want.

Stuart Nachbar
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Stuart Nachbar
answered on Dec 19, 2020

Creditor has to serve the executed order on you and then they can take the vehicle

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3 Answers | Asked in Bankruptcy for California on
Q: I filed chapter 7, Pro-Se. After 341 meeting creditor filed motion to relief of stay. Was granted in his favor.

This is for a vehicle that had interest rat of 20.8% owed more then car was worth.

Stuart Nachbar
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Stuart Nachbar
answered on Dec 19, 2020

The motion is heard 21-30 days after filing depending on when the hearing date is set. You can call the court and and ask and thr creditor has to serve a copy of the order on you.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I’m recently divorced and my ex husband has just filed for chapter 13 Bk, the family court order him to pay me $75k

for equitable distribution as well as ordered the marital home to be sold immediately, we had a buyer who offered 1.2 mill and ex refused b/c he wanted full asking price, there is about $700k equity. He told Bk court house was valued at $225 thousand. We also owned another property with a lot of... View More

Stuart Nachbar
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Stuart Nachbar
answered on Dec 11, 2020

You have a lot of questions and I believe as a bankruptcy counsel numerous issues. Take a few moments and speak with a counsel in your state familiar with both bankruptcy and family law. Your ex-spouses petition may be fraudulent and needs to be dealt with. Please heed advice and search out good... View More

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2 Answers | Asked in Bankruptcy for New York on
Q: Hello I am in need to file for bankruptcy. I am homeless and I am from out of state.

All of my debt occurred in a different state and is some years old I and homeless no income at moment. I will soon be filing taxes for the last years as I know it's required. Can you provide free legal aid for my situation?

Stuart Nachbar
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Stuart Nachbar
answered on Dec 4, 2020

We cant provide over this forum, but look up Pro Bono Services in whatever county your are in. Under Bankruptcy laws, you can file where you are , as long as you have been there for 6 months

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2 Answers | Asked in Car Accidents for New Jersey on
Q: I have a document from the court with my judgement. The lawyer that handled it said I now wait for payment from uninsure

Lawyer said I have to wait for uninsured motorist fund to cut me a check. Basically told me i was on a list and when my number comes my settlement comes.

The judge awarded me 27,000.

I have been waiting forever and I was hoping I could do one of those "it's my money and I need it now" places

Stuart Nachbar
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Stuart Nachbar
answered on Nov 16, 2020

I dont know how long ago your settlement was reached, but your counsel should have the settlement check in hand within 60-90 of sending in the appropriate paperwork on the settlement. In terms of a funding, look at Lawcash.com

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