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Questions Answered by Leonard R. Boyer
2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Personal Injury for New Jersey on
Q: What recourse do I have because my partner has been financially, emotionally and psychologically abusing me for six year

He convinced me to sell my house in brooklyn and now the money is gone and I owe the IRS. He makes me feel worthless and blames me for everything, I am severely depressed and have anxiety disorder because of all this. I feel like I can't do anything.

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answered on Mar 22, 2023

You really need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to obtain a Final Restraining Order against him. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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3 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my ex request a meeting with my new girlfriend in order to allow her to see my kids?

We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More

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answered on Mar 19, 2023

Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Probate for New Jersey on
Q: Can a POA add themselves as member to an existing LLC and joint owner to a bank account owned by the principal?

Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More

Leonard R. Boyer
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answered on Mar 12, 2023

You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More

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2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Non Disclosure Agreements The accountant of 2 individuals interested in buying my business requested my financials.

Do I ask the accountant to sign the NDA also or just the potential buyers?

Thank you.

Leonard R. Boyer
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answered on Mar 9, 2023

What you really need to do is have a non-disclosure, non-compete and non-circumvent agreement signed by anyone and you should not do any of this without an attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: am i relieved of wage garnishment when i file for chapter 7 bankruptcy
Leonard R. Boyer
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answered on Mar 7, 2023

A Chapter 7 Bankruptcy will eliminate a wage garnishment unless it is for child or spousal support or if it was for something involving fraud or criminal conduct. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

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answered on Mar 3, 2023

You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... View More

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3 Answers | Asked in Foreclosure for New York on
Q: The Initial retainer fee for the foreclosure defense would be $3000 and a monthly payment of $500 after 4 months.?

If there are costs such as filing fees, you would be expected to pay them at the time they are incurred. Based on the informaton on the docket, you likely will incur an RJI fee and motion fee totaling $140 if you want a motion made for permission to amend your answer. (alternatively we offer a... View More

Leonard R. Boyer
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answered on Feb 16, 2023

The fee you were quoted was dirt cheap. We cannot quote fees on this website, however, I can tell you to remember one rule. Choosing a cheap attorney can often lead to expensive mistakes and/or irreparable harm, so just save yourself some aggravation and money by picking the best attorney you can... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: In NJ courts, how long does a Plaintiff have to reply to an "Answer to Compliant with Counterclaims" from a Defendant?

As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... View More

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answered on Feb 13, 2023

Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... View More

3 Answers | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... View More

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answered on Feb 5, 2023

The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the... View More

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3 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will govern and... View More

Leonard R. Boyer
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answered on Jan 22, 2023

This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... View More

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... View More

Leonard R. Boyer
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answered on Jan 12, 2023

What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense... View More

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1 Answer | Asked in Foreclosure for New Jersey on
Q: In NJ, are the 35 days to respond to a notice calendar or business days?

I am currently working with loss mitigation and have proof. However, I recently submitted paperwork and I am waiting on the notice that would stop further legal action

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answered on Jan 7, 2023

There is no such notice. From the time a foreclosure complaint is filed, you have 30 days to file a Contesting Answer, Affirmative Defenses, and Counterclaims. Trying to represent yourself is a dangerous game. You are emotionally involved and you are not a trained mortgage foreclosure defense and... View More

3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Leonard R. Boyer
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answered on Dec 26, 2022

Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... View More

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2 Answers | Asked in Family Law for New Jersey on
Q: I live in New Jersey and am looking to move to florida. I was wondering about how far in advance do I request this?

He has not seen my son in over 2 years and moved out of state but I foresee an issue with him as he has caused several issues in family court on and off for the past few years.

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answered on Dec 13, 2022

You will have to show that this move is in the best interest of the child and that you have the opportunity for a better quality of life. You need to retain an experienced matrimonial attorney to represent you in this matter. With modern technology, you can be represented by any high-quality... View More

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1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for New Jersey on
Q: What type of attorney do I need to handle a solar company ? Our roof leaks into 3 rooms destroying our ceilings.

They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.

Leonard R. Boyer
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answered on Dec 9, 2022

You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have someone from Florida threatening to file a lawsuit against me because they claim I owe them money.

He said he will file a civil suit. Do courts in Florida have jurisdiction in New Jersey? Do they have a case?

Leonard R. Boyer
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answered on Dec 9, 2022

A civil suit is different from civil rights. Florida, like most states has what is referred to as a long-arm statute, which allows jurisdiction to be obtained against an out-of-state defendant. If you are actually sued, then you will need to retain an experienced FL civil litigation attorney.

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for New Jersey on
Q: Possibly civil suit between a contractor.Owner didn’t know existed wants to talk. Do I let him In my house? He’s never

Owner never been to my house or saw the work. His uncle the Forman represented himself as owner and gave estimate. Came back 3 times over 3 months when I complained. Now I fired them and owner wants to talk to see what work they can finish and get paid for. He’s never been in my home and he’s... View More

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answered on Dec 9, 2022

No you do not let him into your house at all. You need to retain an experienced civil litigation attorney who knows how to utilize the New Jersey Consumer Fraud Act (if successful you will be awarded triple damages, plus attorney fees) and the Federal Magnuson Moss Warranty Act. But you are... View More

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: What happens to the over $160,000 in arrears that’s owed if I pass away?
Leonard R. Boyer
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answered on Dec 7, 2022

The arrears will go to your heirs if you pass away and have a will or trust. But since you are alive, you really need to retain an experienced matrimonial attorney to go after the $160,000. It needs to be reduced to a Judgment and Docketed in Trenton as a statewide lien. Then an Information... View More

2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... View More

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answered on Dec 9, 2022

Appeals are rarely successful and will usually require a retainer of $25,000.00 just to get started. It is not likely that an Appellate Court will overrule the trial judge unless it is shown that the trial judge abused their discretion or made an unjustifiable decision. You are going to need an... View More

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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
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answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... View More

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