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Questions Answered by Noel Rivers
2 Answers | Asked in Consumer Law for New Jersey on
Q: negotiated online To buy a car with a specific vin# day I was to go to dealer to sign deal I was told car not available

Dealer said the vehicle had “ thousands of extras added” . They said they would try to find another car.

Noel Rivers
Noel Rivers answered on May 2, 2020

There are not enough facts in your question for me to properly ascertain whether the car dealership engaged bait and switch tactics or if the car was simply sold before you had the opportunity to purchase it. If the car was sold before you could make it to the dealership and buy it, the dealer... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: I am probating my mother’s will. I have a short form designating me as executrix of her estate. My brother will receive

Part of her estate, but he doesn’t have a bank account. I’m uncomfortable sending him a substantial check. Do I have any legal recourse? Can I stipulate that the funds will be dispersed through direct deposit only? Thank you.

Noel Rivers
Noel Rivers answered on Apr 27, 2020

If you are uncomfortable sending him a check for a substantial amount, you can mail it USPS Certified Mail, return receipt, so he has to sign for it.

3 Answers | Asked in Child Support for New Jersey on
Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is... Read more »

Noel Rivers
Noel Rivers answered on Apr 27, 2020

You can contact the clerk of the family division to get information on what forms you need to file to oppose your ex's order to decrease child support. The New Jersey Courts website also has a self-help handbook on the topic. You can find it here:... Read more »

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2 Answers | Asked in Estate Planning for New Jersey on
Q: My husband passed away suddenly at 41 so we didn’t have a will, how can I,his wife,prove I’m the executive of estate?
Noel Rivers
Noel Rivers answered on Apr 14, 2020

I am very sorry to hear that your husband passed away. Typically, if your spouse dies without a will, you would take his death certificate to the court and apply to be appointed as the administrator for his estate. The Surrogate's Court would issue you Letters of Administration. These Letters... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: I am divorced and my youngest daughter is not happy with her mother. How can I get custody of her.

She is now 15 and calls me all the time crying. She should not be this unhappy

Noel Rivers
Noel Rivers answered on Feb 15, 2020

The short answer is that in order to seek a change of custody, you must file a motion in court requesting the court to order a change of custody. Given the age of your child, the court may be willing to consider her preferences with respect to which parent she prefers to live.

This can be...
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1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: Hello, I don't know if I have the correct agent of process for a business that didn't have the city with the entity id

I'm having trouble finding who to address my letter to and eventually serve. I'm not 100% sure that I have the correct information. I have two status reports with one of the entities having their status revoked. The business is a Massage Envy franchise located in Clifton. When I looked... Read more »

Noel Rivers
Noel Rivers answered on Feb 13, 2020

The best way to find out the legal name of a business entity, along with the name of the registered agent, president, or CEO (etc) is to use the NJ Division of Revenue and Enterprise website and order the business entity standing certificates, long-form with officers. I believe it will cost you... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: can I close on my moms home without a tax waiver. estate was left to her 3 children plus 28,500 goes to a class D

The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... Read more »

Noel Rivers
Noel Rivers answered on Jan 21, 2020

The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... Read more »

1 Answer | Asked in Small Claims for New Jersey on
Q: Do I have a case against my ex?

I bought a car off of my ex while we were together. Unfortunately, I never got a written contract or payment receipts. I only have text messages of him saying he will sign the car over to me soon, me asking when he'd sign the car over to me soon, and practically begging for him to sign the car... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

If you have text messages showing that you paid him for the car and requesting that he give you the car, I would recommend filing an action in small claims court seeking your money back. The text messages will help you prove that you and your ex had entered an oral contract whereby you offered him... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »

1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: I need to file for a "change of circumstance" in child support. Can I get an attorney to help me? I am unemployed.

I am unemployed due to student teaching and do not qualify for Unemployment. My ex has gained new employment, presumeably a higher income, and lowered the children's medical that he is responsible for. He is responsible for the premium (this is what was used to calculate child support) and I... Read more »

Noel Rivers
Noel Rivers answered on Aug 27, 2019

Based on the information you provided, it appears that you have grounds to bring your ex back to court. I understand your concerns regarding your ex not contributing towards certain expenses for the children. The New Jersey Court Rules break down what expenses are included child support. If you... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers
Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Must estate distributions (not being contested) be made within a certain amount of time? (NJ)

It’s been over two years since a family members death and the attorney’s letter notifying beneficiaries was received. (NJ)

Noel Rivers
Noel Rivers answered on Aug 5, 2019

There is not a set time period in which estates must be settled and distributions made. Each estate is unique and there could be factors at play that make the administration of the estate more time-intensive. I would highly recommend that you simply contact the estate attorney and ask for an update... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What if the custodial parent lied about the child being in day care & summer camp? Can there be a modification in child
Noel Rivers
Noel Rivers answered on Jul 26, 2019

If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... Read more »

2 Answers | Asked in Consumer Law for New Jersey on
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 »

Noel Rivers
Noel Rivers answered on Jul 19, 2019

I highly recommend calling the dealership to check on the status of the repairs on your car. There could be a valid reason for the delay. If you really want to protect yourself, in addition to calling, you can write a detailed letter requesting information surrounding the transaction. Be sure to... Read more »

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: Verbal agreement isn’t being honored how is ownership determined?

Ex fiancé is holding the dog but the vet bills and shots is under my name and the dogs last name is mine our address is the same but I no longer live there, where do I go from here.

Noel Rivers
Noel Rivers answered on Jul 16, 2019

If you want to fight to have the dog back and your ex-fiance won't allow you to have the dog, you would need to file a lawsuit. The issue then becomes how much are you willing to pay an attorney to sue your ex-fiance to get the dog back? If you filed a lawsuit on your own (pro se), you could... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: how much would you charge me to write a letter to the owner of the apartment.

I only pay by check. the receipts always come with name, month and wrong value. I want to pay the right percentage that corresponds to the rent increase. for this reason I want to write a letter to the owner. because they want us to move to get new tenants.

Noel Rivers
Noel Rivers answered on Jul 16, 2019

Please feel free to contact me directly for more information on how I can help you with this. Thank you.

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on
Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... Read more »

Noel Rivers
Noel Rivers answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: In the state of NJ, can a parent be put on child support again if they were taken off over 10 years ago.

The custodial parent wants to retroactive child support after being off child support for 10 years.

Noel Rivers
Noel Rivers answered on Apr 29, 2019

Following a divorce, courts retain jurisdiction to decide matters concerning children, such as child support. If you are being brought to court over child support payments, you should consult with a family law attorney for more detailed information. Each case is unique and you will have a much... Read more »

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