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Questions Answered by Leonard R. Boyer
1 Answer | Asked in Foreclosure for New Jersey on
Q: Under New Jersey's fair foreclosure act is my bank required to notify me of intent to foreclose via certified mail?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 24, 2020

YES! Prior to filing a complaint in foreclosure, the mortgage lender must send the homeowner, via registered or certified mail, return receipt requested, a Notice of Intention to Foreclose. This is one of the most important protections that the Fair Foreclosure Act gives to homeowners. However,... Read more »

4 Answers | Asked in Bankruptcy for New York on
Q: If I took a one-time withdrawal from my Roth IRA in 2019, do I need to report that as income on my bankruptcy forms?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 22, 2020

Yes, it is income. Bankruptcy is extremely complex and is not something to attempt on you own. You really need to retain an experienced bankruptcy attorney. There are all types of Rules and Case law, that could impact your case, and you have no idea how what you do not know can hurt you.

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1 Answer | Asked in Contracts for New Jersey on
Q: In New Jersey. I filed a complaint and the defendant opposed with a motion to dismiss due to failure to state a claim.

In New Jersey. I filed a complaint and the defendant opposed with a motion to dismiss due to failure to state a claim. Do I oppose with the motion to dismiss or do I submit a revised complaint? No matter what I do, According to the NJ Rules of court, I can only amend my complaint once - without... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 17, 2020

You are really in over your head, so you need to retain counsel. Your question shows a lack of basic understanding and this is not something that you can do on your own.

1 Answer | Asked in Domestic Violence and Divorce for New Jersey on
Q: I moved out over a year ago, kids are with me, I have a restraining order against him. Is he entitled to any of my money

I have supported myself and our kids the past year. Is any money I make and get back from tax returns considered marital assets?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 14, 2020

You are asking for an answer to a question, that is in effect in a vacuum. You really need to retain an experienced matrimonial attorney and file for divorce. NJ has no such thing as legal separation.

1 Answer | Asked in Family Law for New Jersey on
Q: Are great grandparents entitled to custody and or visitation rights in NJ?

My sons great grandmother has filed for temp custody and visitation rights what are the chances of her being granted what she’s filed for? She has also made a report with dyfs falsely accusing myself and sons father of a few things all which came back negative and we were told our case is closed.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 12, 2020

What you are asking can only be determined during an in person consultation and review of far more facts, than should ever be posted online. The Court will give a great deal of weight to what the Division of Child Protection and Permanency states. (They have replaced DYFS). But depending on what... Read more »

4 Answers | Asked in Bankruptcy for New Jersey on
Q: Do current court orders have to be carried out when someone files chapter 13

I have a court order forcing the sale of my condo. My co owner, who holds the mortgage was taking my mortgage checks and not paying my mortgage which resulted in forclosure proceedings. The mortgage commitment clearly states that partial payments could be made. He could have applied my half of the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 10, 2020

In order to proceed with a State Court proceeding, you will need to retain an experienced bankruptcy and mortgage foreclosure defense attorney. Then a motion for relief from the automatic stay can be filed. Once someone files for bankruptcy, all civil lawsuits are automatically stopped under... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: If marriage was for status which is a two year green card holder that expires in 2021, and a party found someone else

Then gets divorced how soon will they be able to remarry

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

This is a question which is inappropriate to post on any social media platform, since it is monitored by all types of law enforcement. Your situation requires significantly more facts and only during an in person consultation is your information and situation protected by attorney client privilege.

1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: Is there any thing as a lawyer that handles stock

husband did not live will but left a lot of shares of stock. Need help trying to liquidate it.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

You need an attorney who is a Probate attorney. The right documents are obtained by an attorney and the stock is liquidated by a stock broker. That is all you require. A fair amount of work may be required depending on what you have already done with the Surrogate.

5 Answers | Asked in Appeals / Appellate Law and Bankruptcy for New York on
Q: Hi, I filed Chapter 13 Bankruptcy to stop the sale of my home. I have an Appeal in the NY Appellate 1st Dept.

I am pro se. Does the Bankruptcy Stay the Appeal in the Appellate?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 7, 2020

By filing a Bankruptcy, all civil proceeding that are pending are automatically halted by the Automatic Stay. Trying to handle this on your own is far too complex, so you really need to retain counsel.

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4 Answers | Asked in Bankruptcy for New York on
Q: How long the bankruptcy would be ?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 1, 2020

A Chapter 7 bankruptcy is usually completed in 4 to 6 months from the date of filing for a personal one. A Chapter 13 Bankruptcy can last anywhere from 2 years to 5 years. (It would usually take about 2 years, if you are seeking a mortgage loan modification through the bankruptcy Court's mortgage... Read more »

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am 17 and have divorced parents. I want to live with my mom full time. Do I need to be 18 to choose who to live with?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 26, 2020

Your mother has to retain an experienced matrimonial attorney to obtain a change of custody and at the age of 17, the Court will take into consideration your wishes. However, that alone will not be the deciding factor for the Court.

2 Answers | Asked in Child Support for New Jersey on
Q: Child Support originated in NJ, but child has lived in PA most of his/her life. What age does Child Support stop?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 24, 2020

This question needs to be reposted in PA, since that is the child's home state now.

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1 Answer | Asked in Gov & Administrative Law and Divorce for New Jersey on
Q: dmv gave me state id with wrong last name I have a court order for the last name changed back to my maiden name

I have a court order for the change and the seal with it my soc sec card was changed back to my maiden name but dmv will not give me a new id and I lost a job because of it what can I do

Leonard R. Boyer
Leonard R. Boyer answered on Jan 21, 2020

First I suggest that you see someone high up in the management of the DMV in Trenton. Next retain an attorney to get this matter resolved. Good luck. But you will not be able to sue the DMV for your damages.

1 Answer | Asked in Divorce for New Jersey on
Q: I'm looking to get help divorcing my husband of 11 years. We've been separated for a little over a year. I have no incom
Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2020

Your location states MD, but your asking about divorce in New Jersey. Which state are you a legal resident of? In New Jersey, usually you have to be a resident of a state for one year. If you cannot afford a private attorney you need to contact legal aid. Your attorney can file what is known as a... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: How to respond to a divorce filed against me in Mississippi when I'm in the state of New Jersey?

I was put out of the home we shared with nothing but my clothing about a year and a half ago. I returned to New Jersey to get help from my family

Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2020

You must put this question in Mississippi section, since you will need an attorney in that state to represent you in the divorce. Good luck.

3 Answers | Asked in Family Law for New Jersey on
Q: What do I have to do to collect on back alimony that my ex husband did not pay and is there a time limit on it?

The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2020

You are going to need to retain an experienced matrimonial attorney to bring an enforcement action against him and for any supplemental proceedings. I am unaware of any statute of limitations on collection of alimony arrears.

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1 Answer | Asked in Consumer Law for New Jersey on
Q: A film distribution company has hid sales numbers and stolen money. Does this fall under NJ Consumer Fraud Act?

A brief summary of my issues are as follows:

- I caught the company taking an un-contractual 50% off the top, nearly $10,000. I brought it up and they agreed to “give it back”. Which in turn went from his right pocket to his left because of the ridiculous “bill” he gave me.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2020

Without more facts and a review of all documents, it is not possible to provide a meaningful answer. Your situation cannot be determined in an online forum.

3 Answers | Asked in Bankruptcy for New York on
Q: I have rent to own merchandise. I am 17 days late. Can the call the at cops or is it a civil matter.
Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2020

It is just a civil matter. Retain an experience bankruptcy attorney if your finances are really bad.

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1 Answer | Asked in Employment Law and Domestic Violence for New Jersey on
Q: I was hired by center for family Services in Glassboro NJ and fired for a disqualifying conviction, why?

Aggravated Assault first degree Felony.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 13, 2020

You committed a very serious violent crime. No employer is going to want to take the risks associated with your employment. You really need to take actions to prove that you have or are in the process of rehabilitating yourself.

1 Answer | Asked in Collections and Consumer Law for New Jersey on
Q: New Jersey IF a collection co sues me and wins judgement...

1. Can they update payments made on the judgment on my credit report as collections updating a collections account?

2. If other collections are being reported as updated payments being made when no payments have been since before 2012 be still reporting on my credit report?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 6, 2020

Depending on your overall financial situation, filing for Bankruptcy may be a better alternative. You should consult with an experienced bankruptcy attorney.

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