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Questions Answered by Leonard R. Boyer
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

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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

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for New Jersey on
Q: Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three propertie

Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More

Leonard R. Boyer
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answered on Jul 31, 2023

This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More

3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Is The rowdy mermaid already a trademark name for a store front
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answered on Jul 29, 2023

On Monday, April 27, 2020, a trademark application was filed for ROWDY MERMAID with the United States Patent and Trademark Office. The USPTO has given the ROWDY MERMAID trademark a serial number of 88890277. The federal status of this trademark filing is REGISTERED as of Tuesday, June 22, 2021.... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: should the unit owner be responsible for damage inside the unit that was caused by a clogged pipe inside a wall outside

between several floors.

Leonard R. Boyer
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answered on Jul 24, 2023

If you are in a condo or coop then they are liable. But if the unit owner deliberately clogged the pipe, then the unit owner could also be liable. In this type of case, I would personally sue all possible Defendants. With modern technology, you can be represented by any high-quality attorney in New... View More

3 Answers | Asked in Personal Injury and Criminal Law for New Jersey on
Q: I'm having charges pressed against me after my drunk "friend" fell and hit her head. Do I have a case?

My friend and I were at Applebee's when she had 2 double shots of tequila and a Margherita. As I was walking her out of Applebee's and to my car, I had to adjust my grip (I was helping her walk) when she fell and hit her head on the sidewalk. She's now saying I assaulted her. Help me please!

Leonard R. Boyer
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answered on Jul 19, 2023

If this happened in New Jersey, and a complaint was filed against you for a Temporary Restraining Order, then you really need to retain and experienced matrimonial attorney with extensive domestic violence trial experience. If there are also separate charges against you for assault in municipal or... View More

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I currently have a restraining order on the father of my 2 kids. He also plead guilty to a stalking 3rd degree felony.

There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More

Leonard R. Boyer
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answered on Jul 18, 2023

There are too many unknown facts to provide you with an answer. DCP&P (which replaced DYFES in 2013) could possibly take away your children. But the best way to handle this situation is with a secured video conference or an in-person consultation with an attorney to review all the facts and... View More

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: 53 FT Dry Van Trailer Leasing Company Threatning Me

I have 53 ft semi dry van trailer i already paid more than $42k including down payment on this trailer because of business down fall i can't keep up with payments any more because of too high payment which is $1650 per month as per signed lease now leasing company is sending me threatning text... View More

Leonard R. Boyer
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answered on Jul 17, 2023

Clearly, this leasing company is in violation of the Federal Fair Debt Collection Practices Act and is engaging in harassment tactics. Personally, I would file a lawsuit against them and seek damages plus attempt to get a restraining order against them. Then I would have the leverage to negotiate a... View More

1 Answer | Asked in Business Formation for New Jersey on
Q: where can I get the secretary of the state short or long form in new jersey, online
Leonard R. Boyer
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answered on Jul 3, 2023

Your question is not clear. To form a business in New Jersey you need to retain an experienced business formation attorney. The attorney will enable you to have the right corporate entity and the appropriate legal documents must be custom drafted. If you use some template-based service like Legal... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My mom wants a divorce, so my dad went psycho and is cutting us off financially, what should we do?

My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More

Leonard R. Boyer
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answered on Jul 3, 2023

Your mother is not a resident of California, she will need to retain an experienced New Jersey matrimonial (divorce) attorney. The situation is more complex than you realize, but an attorney cannot represent anyone in a divorce case on a contingency fee basis. The situation is beyond what most... View More

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife of 5 years recently moved back into my home. It is been 3 weeks. She filed a tro against me after a discussion.

I have a special needs son who lives there. She has a daughter there. What happens to me?

Leonard R. Boyer
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answered on Jul 3, 2023

You have to retain an experienced matrimonial attorney with extensive domestic violence trial experience to protect your interests in this matter. Your question cannot be answered in this forum with such limited information. Pick the best attorney you can find and remember one rule: a good... View More

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1 Answer | Asked in Contracts for New Jersey on
Q: What are the steps an attorney must follow to correct an untruthful response to the judge?
Leonard R. Boyer
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answered on Jun 11, 2023

Without a more complete set of facts a meaningful response is not possible. Try either rewriting the question or setting up a virtual or in person consultation with an attorney who practices the field of law that you are dealing with. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Fence contractor damaged neighbors sprinkler system after being advised of its existence. Am I liable for damage?

Fence contractor estimate says basically not responsible for sprinkler damage. It was my understanding that this only applied to my sprinklers. Contractor was advised in writing and verbally of irrigation lines in the area.

Leonard R. Boyer
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answered on Jun 8, 2023

If the Fence contractor damaged your neighbor's sprinklers, than your neighbor should sue the contractor. If you are sued, then you would have to implead the contractor. Good luck.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I need to reopen my divorce, my ex committed fraud, he stole millions from me. How can I do that if I have no money? TY

We owned a multi million dollar business. He convinced the judge that I wasn't cooperating with the sale and so the judge forced me to sign over my stock within 24hrs. The agreed sale price was 1 million but that was false, it was worth at least 10 million but he threw away all records for me... View More

Leonard R. Boyer
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answered on Jun 8, 2023

You need to retain a highly experienced matrimonial attorney. This is going to be an expensive process and it will almost certainly require a consultation and document review. Expect to pay anywhere from 1 to 2 hours of attorney time for the consultation. These cases are difficult and time... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Tenant of 3 years renting 6 BR apartment in Bergen County NJ - Code Enforcement issues to no fault of ours.
Leonard R. Boyer
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answered on Jun 8, 2023

All you did was make a statement, you have to ask a question and supply meaningful facts to get a meaningful answer.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: I can’t find record of a consent judgment I have been making payments on when I do a judgment search. What can be reason

This judgment comes from a ch7 bankruptcy from 2 years ago which the creditor challenged in bankruptcy court and we agreed on a final number and payment plan which I have been making payments on. I did a search to see if my payments are recorded with court but the judgment isn’t even recorded it... View More

Leonard R. Boyer
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answered on Jun 8, 2023

As my learned colleagues stated, you need to contact your bankruptcy attorney.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I included 3 judgements in my ch 7 which was discharged 2 years ago yet it still appears in judgment search. Why

I also am paying a separate judgment which doesn’t appear in any judgment search. Where can I find amount paid

Leonard R. Boyer
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answered on Jun 6, 2023

Bankruptcy removes the financial liability for the Judgment, but not the Judgment in State Court records, which requires a special state court procedure for each Judgment. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Divorced 10 yrs ago. Both names on the deed. Selling the house. Do we split current or prev market value

Assumed market value 10 years ago, but not specified in agreement.

Leonard R. Boyer
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answered on Jun 5, 2023

Unless your Divorce Judgment states something to the contrary, it will be passed on the fair market value of the house at the time of sale. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

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answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More

2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
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answered on May 31, 2023

This cannot be answered without more facts and without knowing the business and the type of business entity and a review of all business documents, there is no way for a meaningful answer to be provided.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: In N J can an HOA borrow from the Capital Reserve to pay insurance premiums?
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answered on May 28, 2023

That will be dependent on the by-laws and what is allowed. There is no way to answer your question with so little information and with the most important document missing.

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