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Questions Answered by William N. Sosis
4 Answers | Asked in Divorce and Domestic Violence for New Jersey on
Q: What are my options if part of a Final Judgement of Divorce is dropping an FRO and it has not been done yet?

Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »

William N. Sosis
William N. Sosis
answered on Jul 12, 2022

Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a defective piece of furniture (paid $6,572) from a furniture store, Ship Bottom NJ

I purchased a defective piece of furniture (paid $6,572) from furniture store, Ship Bottom NJ

Purchased 5/31/221, received 10/31/21.

Apx 2/02/22 Store/Manufacturer verbally agreed to replace it completely.

I now want my $ back because same problem subsequently observed on... Read more »

William N. Sosis
William N. Sosis
answered on Jun 27, 2022

Yes, you do. Sellers do have a right to cure any defect but only if their efforts are reasonable and don't amount to tinkering. New Jersey provides several remedies for unfair commercial transactions. These can be found in Article 2 of the Uniform Commercial Code, The Consumer Fraud Act,... Read more »

4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »

William N. Sosis
William N. Sosis
answered on Jun 20, 2022

If it's a civil matter, you can drop the case yourself (without a lawyer) by contacting the Domestic Violence Unit and explaining why the case should be dropped. But you may still need to go to court and appear before a judge. If you want the case dismissed and there's no justification... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: After you get married, what steps does the husband have to take to change his last name to wife’s last name in NJ ?
William N. Sosis
William N. Sosis
answered on May 9, 2022

It's not very complicated to have your name legally changed. You can do it yourself as a self-represented litigant without a having to hire a lawyer. Just be careful and follow the instructions at: https://www.njcourts.gov/forms/10551_namechg_adult.pdf?c=ojW

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: Can I file a smalls claims suit in NJ even if the home warranty contract contains an arbitration clause?

15. Arbitration. Any disputes resulting from this Agreement or any dispute resulting to Select's home service contract service

shall be construed and enforced under the laws of the State of New Jersey. You hereby submit to the jurisdiction of the courts

of New Jersey and waive... Read more »

William N. Sosis
William N. Sosis
answered on May 6, 2022

Arbitration clauses are matters of contract. In your case it's a "Home Warranty Contract". If the conduct of the party wanting to enforce the arbitration clause against you amounts to a material breach, then the court won't enforce the arbitration clause. A good remedy for a... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: If im from argentina and live in Argentina but got married in las vegas where should i get divorced????
William N. Sosis
William N. Sosis
answered on Feb 21, 2019

Probably Argentina. But since I'm not familiar with Argentina, be wary that International divorce laws vary. Even within the US, divorce laws can vary between states. You should also consider any jurisdictional issues that may be brought up by your spouse.

2 Answers | Asked in Domestic Violence and Divorce for New Jersey on
Q: Hi my ex wife put a restraining order out on me she lied on the paperwork what can i do

She trying to ruin me I need help

William N. Sosis
William N. Sosis
answered on Feb 12, 2019

This is very serious. You only have 10 days before a final restraining order hearing. This gives you incredibly little time. If there's still time left (2-3 days) there's fortunately a legal technique that a knowledgeable attorney can use that gets you more time to defend yourself against... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: Do I have legal claim to goods that were delivered even though I cancelled them?

I ordered a product from Amazon, canceled delivery, and the item got delivered anyway. I got the full refund. Do I have claim to the item?

William N. Sosis
William N. Sosis
answered on Oct 23, 2018

If you canceled your order and received a full refund why would you think you're entitled to keep the item? Just imagine if everyone did that. How do you think Amazon and its vendors would revise their return/refund policies? If current online purchasing policies are designed to encourage... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: can a conditional dismissal be appealed?
William N. Sosis
William N. Sosis
answered on Oct 22, 2018

Appeals from trial court decisions are 'as of right', so most likely yes. But a reliable answer requires that you first speak with an attorney. An attorney will evaluate the specific facts of your case before providing you with the best answer. However, the courts use strict rules and... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: There's a court order for parenting time with my kids, I haven't talked to or seen my kids since the end of Fed. 2018.

Is their mother in violation or that order? And one of my sons is Autistic.

William N. Sosis
William N. Sosis
answered on Oct 15, 2018

Children have a right to see both their parents. A custodial parent cannot unilaterally decide to stop the other parent from parenting his children and being part of their lives. Unless your Order prohibits your parenting time or imposes certain restrictions then it's likely your parenting... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: How should I proceed with daycare if they have not paid me my deposit?

Contract states that after 90 days upon stating child will not return to school, daycare will refund deposit. On June 1, stated my children will not return to daycare beginning July 5. It is now October, well over the 90 days the daycare’s contract states they would return the deposit. How can... Read more »

William N. Sosis
William N. Sosis
answered on Oct 11, 2018

This is a contract issue so the matter really depends on the language in your agreement. you've asked them for your deposit and they've unreasonably refused, you can file a lawsuit. The amount they owe you will determine how much you sue for, and how and where to file your lawsuit. But... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?
William N. Sosis
William N. Sosis
answered on Oct 11, 2018

No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

1 Answer | Asked in Consumer Law and Identity Theft for New Jersey on
Q: What can happen to a wife if she purchased house items with her husbands credit info without asking
William N. Sosis
William N. Sosis
answered on Oct 11, 2018

I think your question is more suitable for posting in the Family Law section. Regardless, I think what can happen mostly depends on how much you spent, whether you used a joint credit card, the trust and quality of your marriage, and how your husband feels about it when he finds out. You might... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: I want to know when the statute of limitations runs out for me to file a NJ Consumer Fraud suit against a roofing co.

Roofer began tear off on 10/14/16 to reroof my house. I discovered the roof leaked on 10/29/17. I had a 15 year workmanship guarantee from the roofer. The roofer claims I tore off the chimney flashing that they never installed and deemed my warranty and guarantee null and void on 11/07/17. I... Read more »

William N. Sosis
William N. Sosis
answered on Oct 11, 2018

Consumer-fraud claims (CFA) in New Jersey are subject to the six-year statute of limitations (SOL), N.J.S. 2A:14-1. New Jersey has an excellent law protecting consumers. It allows for triple damages and also pays the attorney fees. Despite the six-year SOL, there are several reasons you... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: are legal separations still allowed in nj

I can't afford a divorce because my husband will not agree and will have us in court every week if he can.We have no minor children and both own investment property .Our primary home is paid for. I just want to be able to sell this and give him half and be done.

William N. Sosis
William N. Sosis
answered on Jul 26, 2018

NJ has what's called "divorce from bed and board." But you should contact an attorney for a free consultation. Depending on what you both want you may be able to do it yourselves or with a little help from an attorney.

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1 Answer | Asked in Family Law for New Jersey on
Q: Is there an age when a child can decide to no longer have overnight visits with their dad.

Mom has full custody. Dad has girlfriend that son does not want to be around at all and feels like dad does not like him. Dad takes don to grand moms house where there is not one thing for him to do and no bed for him to sleep in other than with dad. He is almost 11 years old.

William N. Sosis
William N. Sosis
answered on Jun 25, 2018

That's a touchy question. First, New Jersey courts have long-settled the question of non-custodial parents having girlfriends (or boyfriends). Generally, divorce or dissolution doesn't preclude people from moving on with their lives. The touchy part is determining what's actually... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I live in a different state from my child. How can I see my child more her father won't allow her to visit me?

I live in Texas and my child is in New Jersey.

William N. Sosis
William N. Sosis
answered on Jun 25, 2018

There's really not enough information to provide you with an adequate answer. However, assuming New Jersey has jurisdiction, you should consult with a family law attorney. The attorney will interview you and gather all the facts necessary and provide you with the best option(s). You'll... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Someone is harassing and cyberstalking me and my family. Torment me and taking me and my family pictures on internet

It a woman I don’t know her but she is disgusting as many fake names and tormented me for months and she found my phone number and every time I wake up I found some disturbing text to crash and dead. She also disturbed me at work by repeating text to my phone. She know where I live, work and go... Read more »

William N. Sosis
William N. Sosis
answered on Jun 25, 2018

You'll need to immediately consult with an attorney. You'll be interviewed and your case will be thoroughly reviewed. An attorney can then file the appropriate papers on your behalf but only after gathering all the necessary facts and evidence. You should contact an attorney willing to... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: In a court decision a defendant is to pay lawyer fees to the plaintiffs atty within 60 days, what if it's not paid?

In the court decision, the defendant was ordered to pay $750 of the plaintiff's attorney fees within 60 days. What happens if the fees cannot be paid because the defendant doesn't have the funds?

William N. Sosis
William N. Sosis
answered on Jun 25, 2018

Defendant's non-compliance with a court order permits you to file a motion with the court. The court can now consider you a judgment creditor. The court will make an ability to pay determination if the defendant claims a lack of funds.

1 Answer | Asked in Family Law for New Jersey on
Q: How can I stop my son’s mother from taking him to another state?
William N. Sosis
William N. Sosis
answered on Jun 25, 2018

Whether you can actually stop the relocation will depend on several facts. So there's no doubt you should immediately consult with a family law attorney to discuss the facts of your case. There's even a fairly recent New Jersey case addressing the way courts are required to analyze... Read more »

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