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Questions Answered by H. Scott Aalsberg
1 Answer | Asked in Car Accidents for New Jersey on
Q: What do I do if I receive a letter from an attorney in Chicago notifying me of a suit for an accident I wasnt in?

It gives me an address in Chicago where the accident happened, but I’ve never been to Chicago, nor have my vehicles. They want me to call them with my insurance or forward the letter to them. What do I do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 15, 2023

Much more information would be needed to properly answer your question such as was the accident a covered event under your insurance, Did someone drive your car to Chicago, Was your car stolen etc. Speak with a lawyer or if you have insurance for this event your insurance company. I suggest a... View More

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a car that is originally manufactured and sold in Ohio. It never had a front license plate bracket.

Do I have to add a front license plate if the car is now registered in NJ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 24, 2023

Yes it doesn't matter where a car is sold, it matters where the car is registered for license plate rules.

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 19, 2023

Maybe but a lot more information would be needed to be known before a lawyer could properly answer your question. Most evidence can be used in criminal court, but evidence standards still apply. Furthermore if this is a criminal case and you are not the defendant you generally can't present... 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

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 12, 2023

You can only fight it by going to court (which is mandatory) with a good lawyer on your side. Unfortunately, she has the upper hand in this matter and you need to try to even the playing field.

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2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Can a client tell you not to do work after he signed a contract?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 11, 2023

To make it simple it all depends on the terms of the contract. Without reading the terms of your contract or agreement any answer would be mere speculation on what your rights are.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: do I need lawyer if my company vehicle got ticket in Lincoln tunnel 32:154.2-apperance required
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 10, 2023

Unfortunately, Yes most courts will require a company to be represented by a lawyer in NJ. Most of us traffic tickets offer a free in office consultation where you can learn more.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How much is the fine for violation 39:4-1380?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 18, 2022

If your talking about what the fine is for39:4-138 its generally $55.00 plus court costs if any for payable tickets.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: How much notice does a NJ traffic court need to give of an upcoming court case?

I am a defendant in a NJ traffic court and the court has consistently failed to send correspondance to my proper address, despite updating the address with them multiple times. As a result all correspondance (including potentially answers to discovery requests, discovery requests which were sent... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

For many courts, they will only send court notices and other information to the address that NJ MVC has on record for you. So you need to update it with them that may be your problem.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can two vehicle license suspensions take place at the same time?

I received a suspension which will begin on December 22nd for 110 days, but another suspension is set to begin for 150 days on January 1st, 2023. Does this mean they will happen at the same time?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

The best party to answer this question is either the court you got the suspensions in, the MVC or your lawyer who handled your suspension case as we do not know enough information to properly answer your question.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: What if I was at a yellow light and a car was turning left and i went around them on the right before it turned red ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 13, 2022

We would need much more information to determine the answer to your question, please re-write and post, but it could be improper passing.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Why would a warrant for a domestic violence case be recalled the the person didn’t comply with the court order

It has been 2 years since the case he did not pay his fines or do the anger management that was court ordered and 2 years later nothing has yet to be done to him from the courts

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 28, 2022

We would need to know a lot more about the case to answer this question for you and probably do some research in calling the court.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: This device was held by US customs and thoroughly tested for US compliance. The device passed and is legal in US

Flipper Zero is a portable Tamagotchi-like multi-functional device developed for interaction with access control systems. The device is able to read, copy, and emulate radio-frequency (RFID) tags, radio remotes, and digital access keys.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 23, 2022

And the use of such a device can still be illegal depending on what your using it for.

2 Answers | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: warning for offense 39:4-32 pedestrian crossing roadway signals

if you receive a warning in new jersey for failing to stop for a pedestrian in a marked crosswalk will that increase your auto insurance rates. Not a ticket but a warning. I have a camera in my car and the video shows nothing except a cop waving to turn left. Can I contest this ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 17, 2022

I doubt that your insurance company will find out about a warning, warnings are generally considered gifts from a cop for you to be more careful.

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2 Answers | Asked in Probate for New Jersey on
Q: If I just found my biological father in November 2021 and we were building a relationship and he passed away in October

He left everything to his neighbor. The will was dated November 2020. Can I contest as being Omitted Child?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 13, 2022

Based on what you are saying you may have a chance of being successful in our claim. However the first thing a lawyer would need to do is to read the will.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it true that a prosecutor will purposely get a no bill from GJ to get rid of a case?

Sometimes for various reasons, the prosecutor cannot dismiss a bad case and will work the GJ to no bill to get rid of it. If the case is no billed it often is the end of the case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 11, 2022

I guess what your saying is possible and I have heard rumors like this, but I have never seen it happen here in NJ.

2 Answers | Asked in Estate Planning for New Jersey on
Q: MIL died jan 8th with over 100k credit card debt none of the creditors have made a claim against the estate do we pay?

we have many credit card companies and debt collectors sending letters of condolance and saying she owed money but it is past the 9 months and we do not have enough funds to pay them all, can we distribute what is left legally to the heirs?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 8, 2022

You need to speak to a lawyer. IN general, the executor of the will or administrator of a New Jersey estate should pay all debts before they distribute any assets otherwise they could face rather severe penalties.

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2 Answers | Asked in Banking, Business Formation and Business Law for New Jersey on
Q: How do you start a business?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 8, 2022

After you create your business plan you hire a lawyer to make sure you have the correct corporate entity for your business which in general is either a Corporation or LLC.

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1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Municipal Law for New Jersey on
Q: Personal Injury Lawsuit, filed in the wrong County, can I get it tossed out?

Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 7, 2022

Yes if you have a lawyer you should definitely advise him of this fact.

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