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New Jersey Banking Questions & Answers
1 Answer | Asked in Banking, Consumer Law, Criminal Law and Identity Theft for New Jersey on
Q: If I , a minor, assume a falsified identity in order to receive a loan in nj from a bank in florida can i be convicted

Applied for loan on internet

Value of the property stolen was 30000

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 15, 2018

The only difference on how a minor is treated in our criminal justice systems is that instead of going to jail you go to a detention facility and your criminal record will go away if treated as a minor. In my opinion juvenile detention is much worse than jail due to the young inmates being more... Read more »

1 Answer | Asked in Tax Law and Banking for New Jersey on
Q: Hello,I'm new to this forum and first time asking a question. This is more of an accountant type question.

Hope you can help with these questions. My parent passed away a few years ago and had life insurance. After bills were paid and other expenses the rest was divided among the surviving children. I did receive a small share in the form of a check. I kept the check and have not cashed it.... Read more »

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 16, 2018

This is a difficult question to answer without a lot more detail. But in general, you would need to list the check as an asset on your financial statement. If you spend the funds on necessary living expenses prior to setting up a payment alternative it might not be an issue. Filing a fraudulent... Read more »

1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: Can police keep my ATV that i owe money to the bank for? Charged with eluting they say “it’s evidence in a crime”.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 11, 2018

Yes the police can keep it and you still have to pay the loan. You need to hire a good lawyer for your case eluding is a serious charge with lots of jail time.e possible/probable.

1 Answer | Asked in Banking for New Jersey on
Q: Why is a bank asking if I have an attorney for my credit card account?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 10, 2018

You would probably now the answer to this question better than us, such as did you make fraudulent charges and then dispute them, did you fail to pay your credit card bill etc. Thus many reasons could exist.

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for New Jersey on
Q: How to respond to detective calling me about ex employer who I worked for under the table accusing me of check fraud?

Worked under the table for an elderly lady for three months. Rate of pay was a verbal agreement depending on the task and her mood . Sometimes she paid at end of day sometimes weekly . she paid two times with cash $50 and $40 and 3 times with a check each for $100. stopped working for her and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 5, 2018

Your only protection is to hire a good lawyer. In a he said she said case the judge will determine who is more credible. If you have any past record or even look shady that could sway the judge to go against you and find that you were guilty. Do not talk to the police until you speak with a... Read more »

1 Answer | Asked in Banking, Business Law, Contracts and Consumer Law for New Jersey on
Q: Can you break a lease at anytime to finance the car?

The car that i own now is damaged and the dealership is offering me 2000 for it. I tried to trade it in but they said the only way out of the car is if i lease another car from them. I was wondering if i lease a brand new car from them would i be able to break the lease after a month and just... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 27, 2017

Not without significant legal and financial consequences.

1 Answer | Asked in Banking and Social Security for New Jersey on
Q: So when I was 16 my mom used my SSI back owe to buy herself a van. She jusitified it by saying it was for me.

She then traded in the van and bought a car. Now i'm 19 going on 20 I've moved out and had a bad fallout with my mother. I've been struggling to find a decent car to get to stores and doctor appointments and money has been tight. So my questions is since the money she used (8000 usd)... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Dec 21, 2017

While you are a minor she is to use that money to assist you but may use it on items that assist the family, such as rent, food. You could make a claim against her for the money but assuming your household was needy enough for you to qualify for SSI, she should be able to show that the money was... Read more »

1 Answer | Asked in Banking and Consumer Law for New Jersey on
Q: Can a bank debit your personal account for past due balance on your auto loan with them?

I have an auto loan with a bank and its due date is every 20th. It's paid through post dated checks given to the bank at the start of the loan. End of August my husband was hospitalized and we have used up our money for the due on September, thus we were not able to pay for it. Since the due... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 10, 2017

Yes, the can and obviously they did. I'm sorry that your husband was hospitalized and that caused financial problems. But in the future, keep any money that you need for a checking or savings account in a separate bank. Depending on your overall financial situation, Bankruptcy may be right for... Read more »

2 Answers | Asked in Banking, Real Estate Law, Foreclosure and Landlord - Tenant for New Jersey on
Q: Will i qualify for a bana fide lease in nj if..

My family and i moved into a town house in nj back in july. My landlord as of now no longer owns the property it was forclosed and the bank owns it. The sheriffs sale was aug. 24 but i guess noone bought it and now the bank owns it as of sometime in sep. We received a notice from the banks lawyer... Read more »

Derek John Soltis
Derek John Soltis
answered on Oct 3, 2017

You should sit down with an attorney to go over your rights. It sounds like your former landlord is out of the picture, and you now have the bank as your landlord. You have options.

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1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for New Jersey on
Q: What does it take not to be called a bank?

How close can a company get to not being called a bank legally?

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 30, 2017

Your question is too vague to answer.

1 Answer | Asked in Banking, Business Formation, Business Law and Legal Malpractice for New Jersey on
Q: How long can a company get to avoid been called a bank legally?

Can a company sell virtual points that people can buy and use to buy stuff from stores that agree to cash in those points for money at the end of every month from the company?

How CLOSE can a company get to avoid been called a bank legally?

Paul J. Riviere
Paul J. Riviere
answered on Jun 30, 2017

Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You... Read more »

1 Answer | Asked in Banking, Business Law, Contracts and Consumer Law for New Jersey on
Q: Cardealer wrote wrong make model and vin number on sale contract, now they want to change it because other car is more $

They want me to take the car back and get the right one, I originally wanted the car that is on the contract but they told me I'd have to put a bigger down payment on it but I couldn't so I test drove another car and they said with the down payment I could afford that car but wrote the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 27, 2017

No you can't demand the better car it was a mistake and the you have no right to it.

4 Answers | Asked in Bankruptcy, Criminal Law, Banking and Civil Litigation for New Jersey on
Q: received a check($10.000) without funds(in NY). what i do? i call the writer of the check, but i think he try to avoid.

I live in NJ and he's in NY

Michael David Siegel
Michael David Siegel
answered on Apr 27, 2017

If you deposited the check and took out the money, you are going to have to make good on this with the bank. You can report to the police.

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1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Collections for New Jersey on
Q: received a check without funds. what i do? i call the writer of the check, but i think he try to avoid me.

i am afraid he doesn't have nothing in his Name. but i know he have houses and cars...

He is located in NY and i live in NJ.

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 26, 2017

Contact the Prosecutor in the town where the check was issued and file charges.

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Banking for New Jersey on
Q: how do i appeal a class action southern district of ny i was an objector and class member ?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

If you "opted out" of the class action lawsuit, you need to file your own civil suit.

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1 Answer | Asked in Banking, Civil Litigation, Contracts and Foreclosure for New Jersey on
Q: Can my lender dismiss a filed complaint and then file to reinstate the former case to avoid the Statute of Limitations?

NJ lender filed foreclosure complaint in 2009. Court dismissed in 2014 for failure to prosecute. Lender filed 2nd complaint 7/ 2016. We filed Motion to Dismiss w/ prejudice since the 6-yr statute of limitations had passed. Lender then moved to dismiss the 2nd case. Our understanding is they will... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Sep 13, 2016

If a Plaintiff requests a dismissal, they never need the consent of the Plaintiff. Your factual situation sounds very strange and I believe a lot of significant facts are not stated. You need to retain a very experienced mortgage foreclosure defense attorney to handle this matter for you. Good luck.

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