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New Jersey Banking Questions & Answers
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... View More

Leonard R. Boyer
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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... View 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... View 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
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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... View 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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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
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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... View More

Leonard R. Boyer
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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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