Questions Answered by Leonard R. Boyer
Q: I was granted order to publish divorce by publication. Do i send newspaper summons and complaint or just summons?
No, you have to send both the Summons and Complaint. But, you would be much better off retaining an experienced matrimonial attorney. You are emotionally involved and have no idea of how to represent yourself.
Q: Do I have to pay back child support before my court date?
My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I... Read more »
If possible it would be in your best interest to do so. But, you better retain an experienced matrimonial attorney and not try to handle this on your own. Good luck.
Q: Can a landlord sue me for past due rent if I moved out 2 years ago?
I signed a lease to rent a home with my mother approx. 5 years ago. The lease was up after one year and we did not renew. We stayed in the home paying rent on a month to month basis. I moved out 2 years ago. Recently my mother fell behind on the rent and the landlord issued a summons against the... Read more »
Yes the landlord can sue you, but if that happens, then you can (depending on your overall financial situation) file for bankruptcy.
Q: If there was a forclosure action shouldn't there be a writ of excution in the county records? also shouldn't we be serve
Served by them ? Then by the county sheriff?? I dont see it on there website for a sake. it has not been in paper for 4 weeks dont they have to do all those things before a sheriff sale, since NJ is judicial state? And back in 2017 doesnt our bankruptcy canceled out all there prior fillings..dont... Read more »
You obviously did not retain an experienced mortgage foreclosure defense and bankruptcy attorney, which you really need to do immediately.
Q: Can I reopen my divorce that ended in 2010 if I can prove fraud?
My divorce was moved to arbitration because my husband was lying and destroying evidence of our business, he did this to hide both the value of the business and his income. After 7 years of arbitration my case was returned to the court. My husband continued to lie about his income which was... Read more »
Given the length of time that has passed, I seriously doubt it. You would probably have to pay an experienced matrimonial attorney, just to research the case law, to see if there is any possibility.
Q: Did my mom get ban for overstaying tourist visa for 4 months?She left US after her I130 was approved,I-485 was not filed
I filed I-130 for my mom after she came to me on her tourist visa. But I did not file I-485. After her I-130 was approved in 9 months, she had to leave the US in September 2017 to continue the process of green card in Ukraine at the embassy. At JFK airport she did not get any stamp in her passport... Read more »
More specific information and an in person consultation and document review are critical to obtaining enough information to provide you with meaningful advice. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can... Read more »
Q: Can a 16 year old be left home alone to watch her siblings ages 12 & 6 for 4 days and nights, with no adult supervision?
Irrespective of whether or not it is legal, the potential for very serious problems is reason enough to never do so. Did you ever heard of endangering the welfare of a child? How about child abuse or neglect, or worse things? No responsible parent would ever take such a risk.
Q: Can green card interview succeed with open criminal case?
I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was... Read more »
You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.
Q: My husband of 18 years changed his beneficiary to his 2 grandchildren 14yrs and 11yrs old, he never told me.
Although that is not uncommon, it could mean a divorce is on his mind, or it could mean he is planning to take care of you in some other fashion, but there is no way to know what his intentions are. You did not provide a sufficient factual basis to enable anyone to give you advice. So, if you are... Read more »
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
Just contact South Jersey Legal Services, you should never handle any legal matter on your own.
Q: WE INVESTED $100000 in Cinsay who was bought out by Aibuy in May 2019 We were never advised of the change of ownership.
We were never given an opportunity to recover our investment.What do you recommend we do
You obviously need to retain an experienced securities law attorney, since this is a very specialized legal field. Good luck.
Q: My husband and I have been married for 6 years and separated for 1 year of those 6 I would like to file an annulment.
I’m not going to take him for child support and am working with him on getting the children in the weekends.
After 6 years of marriage and two children, the only thing you can obtain is a divorce. There is no way an annulment would be granted based on your facts. You must retain an experienced matrimonial attorney to represent you in this case. You need to retain the best attorney you can afford, to... Read more »
Q: What happens if I cannot afford a divorce?
I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »
You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.
Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?
I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?
Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in... Read more »
Q: I-94 valid but h1B Transfer (i-129) denied today- how long can I stay in the US?
My h1 b was approved in Oct 2017 while working for Employer A. I left Employer A in July 2018 & started working on Receipt after an RFE I saw today my i-129 was denied, which will be send in mail in 15 days.. how long can I stay in the US? Is denial appeal worth it and should I stay until then?can... Read more »
That is not the way the H1B process works. You should contact your company's immigration attorney for advice and guidance or retain your own immigration attorney.
Q: Without my knowledge my mortgage amount went up. I am behind 2 months. They returned check and claim I'm in foreclosure
Due to a hardship years ago I fell behind my mortgage by 2 months. It remained that way for years. My town taxes went up by $47 Without my knowledge. Which caused my payment to go up. I didn't know it and sent in the normal payment which 2 weeks later was returned to me as a non full payment and a... Read more »
Thank you for your service to our nation. In order to determine exactly what your situation is, an in person consultation and document review is essential. Do not waste your money with any non-attorney or forensic loan audit, they are both just different forms of con-artists. You will need to... Read more »
Q: Charged with shop lifting 12 years ago would it prevent me from applying for a green card
While it will not prevent you from applying for a green card, it is a crime of moral turpitude and will make everything much harder. You must act fast to retain the best immigration attorney you can afford. In view of Trump's unpredictability on immigration and immigrants, the sooner you can obtain... Read more »
Q: Dealership has not delivered vehicle and it's been over a week since I bought it? What recourse do I have?
I bought a 2009 Jaguar with 62,000 miles. When I bought the vehicle there was minor defects and the dealership agreed to fixing and delivering the vehicle to my home, for the inconvenience of the vehicle not prepared or ready for pickup. I bought the vehicle a over a week ago. I signed for a loan... Read more »
It is not really a significant delay. Just contact the General Manager of the dealership.
Q: sold l land in Atlantic City, NJ.I held a mortgage for $10k Buyer Stopped paying.What is the cost to foreclose
The land that I sold is located in Atlantic City, NJ. I live in Randolph NJ
There is not standard cost for a foreclosure. Each case and the time that is consumed varies. What also matters is the value of the underlying property. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a... Read more »
Q: just married, husband is British, we're applying for green card.
Husband admitted on visa waiver in 3/1999, overstayed until 12/2000. Husband readmitted on WT waiver in 1/2001 - he has his old I-94W and stamped passport.
No questions were asked about his prior overstay at his most recent inspection/admission in 2001. But if they'd asked, he'd likely... Read more »
You really need to retain an experienced immigration attorney and have an in person consultation and document review. Otherwise, this will not end well.
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