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Questions Answered by Leonard R. Boyer
2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would agree to cash settlement. Is that legal?

The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.

Leonard R. Boyer
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answered on Jan 27, 2024

Realistically it does not seem appropriate. This is all the more reason not to drop the TRO. Presumably, there will be a divorce (if you are married). In 39 years of practice representing both Plaintiffs and Defendants, I have never made or seen any other attorney make a monetary offer to drop a... View More

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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Leonard R. Boyer
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answered on Jan 26, 2024

If your business closes next week, you're personally liable for the debt. EIDLs are not forgivable. You'll repay them over the 30-year term, though you can pay your loan off early with no prepayment penalties. Also, for future reference, a Sub-Chapter S corp is your worst nightmare and... View More

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1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: If a contractor doesn't finish the job and is unresponsive, but later agrees to return, does that reset the accrual date

I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More

Leonard R. Boyer
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answered on Jan 6, 2024

To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More

1 Answer | Asked in Contracts for New Jersey on
Q: When does the clock start ticking for a cause of action against a home kitchen remodel contractor?

I hired a coworker I knew to do some work in my kitchen. He started the work but a few things I paid for weren't completed. I also showed him some items I wasn't happy with how they came out. He was supposed to return to finish the job. I reached out to him a few times, and he finally... View More

Leonard R. Boyer
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answered on Jan 5, 2024

The Statute of Limitations for breach of this type of contract is 6 years. But of far importance to you is the breaches of the Home Improvement Contractor Act, the NJ Statute of Frauds and most importantly the New Jersey Consumer Fraud Act, which provides for triple damages, plus attorneys fees and... View More

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Health Insurance cost sharing when ex claims a kid for her own tax break?

Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More

Leonard R. Boyer
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answered on Jan 1, 2024

The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More

2 Answers | Asked in Probate for New Jersey on
Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??

Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.

In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More

Leonard R. Boyer
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answered on Jan 1, 2024

You really need to act fast and retain an experienced Probate attorney who will act to protect your interest. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

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answered on Jan 1, 2024

You have to retain an experienced matrimonial attorney to file a motion for emancipation. This is the way to do it properly and avoid problems or potential problems. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: To file motion to terminate child support in NJ, do you do so in the county where you divorced or where you reside now?
Leonard R. Boyer
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answered on Jan 1, 2024

I respectfully disagree with my learner colleague Attorney Diamond. You can file in either the county where you reside and or where you were divorced. You are going to need to have a current 2022 tax return as well as a final W2 for 2023 if you are an employee. But if you own your own business you... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.

In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was... View More

Leonard R. Boyer
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answered on Jan 1, 2024

You are incorrect The court in Kayahan ultimately found that payment of the child support to the “child” was not appropriate after weighing the facts of the case. However, this case has opened the door as another potential remedy to the misuse of child support payments by former spouses of... View More

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2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Trademarking my business name.

I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More

Leonard R. Boyer
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answered on Dec 16, 2023

You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital... View More

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2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all oral

Leonard R. Boyer
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answered on Dec 8, 2023

Since you filed legal pleadings you on your own, an attorney cannot just start an oral argument on a motion. You need to pay for an hour of attorney time to review everything that has been filed and the attorney may need to amend the pleadings that you filed. You are not a trained attorney. You do... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17

Greetings,

I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More

Leonard R. Boyer
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answered on Nov 15, 2023

The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I reduce liability by leasing my property to an LLC, who would then sub-lease property?
Leonard R. Boyer
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answered on Oct 16, 2023

That is never going to work. A primary residence cannot be placed in an LLC. An LLC must have 3 members or more for it to be a valid legal entity. If you do not have an LLC custom-drafted by an experienced corporate attorney, it may not be worth the paper it is printed on. There must be a... View More

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Contractor is refusing to submit the last pieces of paperwork to the county to obtain the CO, what is my next steps?

We hired a septic contractor April 22' - the matter at hand is that the contractor was pumping the old septic tank into the one, I called the county to advise if that was to code and they said it wasnt. The contractor got mad at me. At the end of everything they were trying to charge me $1000... View More

Leonard R. Boyer
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answered on Sep 10, 2023

Your only real solution is to retain an experienced civil litigation attorney. If a letter does not get the problem resolved, then you will need to engage in litigation. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for New Jersey on
Q: Fort Lee, NJ Coop building - active leaks from units above AC system, damage to our ceiling , Coop delays repair

NJ Coop building : For past 6 weeks and this problem existed a year ago, the AC system in apartment unit above us leaks. The water first dripped through AC unit , walls but now it seriously damaged ceiling, and continues to leak. Coop management & maintenance delays repair work, and their... View More

Leonard R. Boyer
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answered on Sep 10, 2023

You really need to retain an experienced civil litigation attorney and file suit against the coop board ,the President and possibly the unit owner above you. Many of these HOA, coop, and condo boards are either corrupt or engage in improper self-dealing. I routinely advise my clients to avoid... View More

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Why must I continue to pay Child support if my daughter moved out from home and is working and paying rent?

My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?

Leonard R. Boyer
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answered on Sep 4, 2023

Emancipation is not automatic, a motion to emancipate her has to be filed. If there are some facts that you have not provided, that would explain why no attorney you spoke to believes it is an issue. So if you not left out key facts, it would require a motion. However, if she is a special needs... View More

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2 Answers | Asked in Banking, Consumer Law and Collections for New Jersey on
Q: I hold business credit cards with outstanding balances from major banks including PNC Bank, BOA, and Chase.

These CC accounts are approx. 2-3 years old and unfortunately, due to business challenges, I am considering closing down the business. I personally guaranteed these business CC. The business has been experiencing financial instability for a while now, and it has become increasingly difficult to... View More

Leonard R. Boyer
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answered on Aug 29, 2023

If you are in CA, why are you asking for NJ? The State you live in determines where you would file bankruptcy if that is appropriate. Whether you will have to file both a business and personal attorney cannot be determined on these facts. Pick the best attorney you can find and remember one rule:... View More

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3 Answers | Asked in Civil Litigation for New Jersey on
Q: Can a lawyer please help me review a contract?
Leonard R. Boyer
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answered on Aug 11, 2023

Yes it is possible to have an attorney review your contract. This can be done by way of an in-person consultation or virtual consultation. A review of a contract is not going to be done for free, expect to pay for at least one hour of attorney time. With modern technology, you can be represented by... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Municipal Law for New Jersey on
Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement

I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as... View More

Leonard R. Boyer
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answered on Aug 1, 2023

You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology,... View More

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