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New Jersey Questions & Answers
0 Answers | Asked in Real Estate Law for New Jersey on
Q: "Self Help" eviction restriction for commercial space in New Jersey.

What is the New Jersey legal statute against the use of "self help" in an attempted commercial space eviction?

The accepted legal process being a "summary dispossession action".

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If a police officer marks down the speed limit on the ticket then can I fight the speeding ticket since he can't prove?

I was regrettably doing 88mph in a 35mph school zone. Honest to God I didn't know I was in a school zone I thought the speed limit was 50 either way I was late for work and speeding. So the officer told me I was doing 88mph then comes to give me the ticket and I realized he marked it down and... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Sep 29, 2022

There is also the possibility that the prosecutor will have the officer’s handwritten notes indicating that the officer already gave you a break when he issued the speeding ticket to you. If you are concerned, however, then meeting an attorney for a consultation might be something to consider... Read more »

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0 Answers | Asked in Small Claims for New Jersey on
Q: Hello, How can we recover money we paid to a contractor that didn't complete the work we hired him for?

We paid a contractor in February and March 2022 for work that was slated to begin in April 2022. He kept pushing the start date back and eventually we learned that the cabinets were not ordered. The cabinet vendor said many others besides us had lost money to this particular contractor. We were... Read more »

0 Answers | Asked in Education Law for New Jersey on
Q: I am a school business administrator. have been employed part time by my district since Jan 3, 2020 to june 30, 2021.

from July 1, 2021 to present I have been fulltime employed. When do I qualify for tenure?

0 Answers | Asked in Estate Planning, Appeals / Appellate Law, Civil Litigation and Probate for New Jersey on
Q: STIPULATION This is a seemingly simple question regarding evidence, but very important for me to fully understand:

what are the implications when a party stipulates before the court at trial. For example, I submitted several affidavits to the court of which I wanted the witnesses to read into evidence, but the Defendant agreed to "stipulate" to them. Does this then enter them into evidence? Thanks for... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

0 Answers | Asked in Gov & Administrative Law and Insurance Bad Faith for New Jersey on
Q: I have federal government dental insurance. I filed a claim in march 2022...

I have federal government dental insurance. I filed a claim in march 2022 and they still have not paid anything to me and have not given me a reason. They locked me out my account and I have to still pay each month. I would like to sue for pain and surrering, out of pocket expenses, bad faith,... Read more »

0 Answers | Asked in Consumer Law and Insurance Bad Faith for New Jersey on
Q: I have federal government dental insurance. I filed a claim in march 2022...

I have federal government dental insurance. I filed a claim in march 2022 and they still have not paid anything to me and have not given me a reason. They locked me out my account and I have to still pay each month. I would like to sue for pain and surrering, out of pocket expenses, bad faith,... Read more »

0 Answers | Asked in Family Law, Civil Rights, Domestic Violence and Landlord - Tenant for New Jersey on
Q: My mother has legal custody of my daughter but moved out of state w/o her. She’s in my care but we live in moms hous

e, which mom is maliciously having me evicted from, after convincing me she’d sell me the house so that I’d stop paying rent in order to save to buy. I can’t leave my daughter alone there. How do I protect us from retaliation if I file for emergency custody when no one is willing to... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.

Richard Diamond
Richard Diamond
answered on Sep 28, 2022

Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... Read more »

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1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.

My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 27, 2022

Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

0 Answers | Asked in Gov & Administrative Law and Municipal Law for New Jersey on
Q: Hi can you please explain the details on being a resident for the previous year? We have a candidate in question

A candidate purchased a home in our town in 2021 and had it under construction till June 2022. C/o was given June 2022. He rented in a neighboring town but not ours. We have the c/o for the neighboring town which was from 8/21-5/22. Prior to that was another town as well where he lived for 12... Read more »

0 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I need a estate attorney to answer. My brother in law lives in New Jersey. He was married for eight years has a son.

Who is 15. He was divorced for over 5 years. He has passed away at 52 in August 2022. He has a mother who is still Alive. Who becomes the administrator of his estate. We can prove he wife is a evil person with documentation.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 23, 2022

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

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