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New Jersey Business Law Questions & Answers
0 Answers | Asked in Business Law and Civil Litigation for New Jersey on
Q: My business, which is closed is being sued. Where do I obtain the paperwork to answer the civil complaint?

Lawsuit was filed in December 2021. My business could not survive the pandemic so I had to file for bankruptcy in December of 2021, we unofficially closed in December 2021 but officially closed with state required paperwork in June of 2022. Plantiff is alleging fraud. I can't afford an... View More

1 Answer | Asked in Business Law for New Jersey on
Q: I have decided to dissolve my partnership in LLC with 50/50 partner in NJ. What do i need to do to do?

I am in a LLC 50/50 partnership. I would like to give my 50% to my partner as I no longer want to be part of our business. We have an operating agreement and have agreed that I will be leaving. I need to know what steps to take to make sure I am completely out of the business.

Leonard R. Boyer
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answered on Mar 21, 2024

Without reading the operating agreement and reviewing all relevant corporate documents, it is impossible to provide a meaningful answer. You should expect to pay for 1/2 to 1 hour of attorney time to review all the documents and advise you on the best way to proceed. Pick the best attorney you can... View More

3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Michael David Siegel
Michael David Siegel
answered on Jan 26, 2024

This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More

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1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for New Jersey on
Q: I purchased a 1 year subscription for an internet search application for my consulting business for $2,900.00.

When contacted about a renewal I said I would not renew then, but possibly later in the year. The company then offered a discount which I still refused. I was then sent a renewal invoice which I contacted them to try to straighten it out. In response, they have sent that invoice to a collection... View More

Sheldon Starke
Sheldon Starke
answered on Jan 15, 2024

This really amounts to a small claim and I would not be worried about it and would print out the information that you sent prior to 60 days and my guess is they will do absolutely nothing about it.

1 Answer | Asked in Banking, International Law, Internet Law and Business Law for New Jersey on
Q: Hi,Selling gift cards on paxful.com for bitcoin, is it against any law?

I sell electronics. one of my customers wants to pay by giving me visa gift cards. I want to get the money off the gift cards. (my credit card processor doesn't let me swipe it on my credit card machine). can i buy on paxful.com BTC with the visa gift cards and then sell the BTC on... View More

James L. Arrasmith
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answered on Nov 13, 2023

Trading Visa gift cards for Bitcoin on platforms like Paxful.com and then selling Bitcoin for cash on Coinbase.com is not inherently illegal. However, it's important to be aware of and comply with the terms of service of both platforms. Also, be mindful of federal and state regulations... View More

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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1 Answer | Asked in Business Law and Family Law for New Jersey on
Q: Can I transfer my business to my partner name although he owes child support and his kids are married?
Richard Diamond
Richard Diamond
answered on Oct 30, 2023

It would be irresponsible for any family law attorney to attempt to give you an answer to your question in this forum. You need to schedule a consultation with a family law specialist to understand the legal ramifications of any change in the structure of your business organization.

1 Answer | Asked in Business Law for New Jersey on
Q: I have an ATM Business based out of New York. My LLC was opened in New York. Can I place machines in New Jersey?

Can I place my ATM Machines in New Jersey or do I need an LLC for Jersey as well?

T. Augustus Claus
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answered on Sep 22, 2023

In general, an LLC formed in New York can conduct business in New Jersey, but you would likely need to register your New York LLC as a "foreign LLC" in New Jersey to do so. This usually involves filing specific paperwork with the New Jersey Division of Revenue and Enterprise Services,... View More

1 Answer | Asked in Business Law and Banking for New Jersey on
Q: LLP took out SBA EIDL loan. Loan docs mention personal liability. One partner leaving does this effect buyout.

Partner buying out leaving partner wants to reduce buyout amount by leaving partners % of sba loan liability. Is this right? Nothing in partnership agreement and buyout terms mentions liabilities.

T. Augustus Claus
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answered on Sep 15, 2023

When a partner leaves an LLP that has taken out an SBA EIDL loan, the implications for the remaining partners can be influenced by several factors, including the terms of the partnership agreement and the loan documents. If the partnership agreement does not explicitly address the allocation of SBA... View More

3 Answers | Asked in Employment Law and Business Law for New Jersey on
Q: Hi, I have been audited by the NJ Dep. of Labor and they have concluded sub-contractor does not meet the requirements

NJ State auditor concluded:

Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).

As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.

My Sub-contractor is an employee of your business entity. He must be on... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

Under New Jersey law, a worker is considered an employee unless an employer can satisfy all three of these criteria:

1. Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;...
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1 Answer | Asked in Contracts, Business Formation and Business Law for New Jersey on
Q: As a sole director of a Delaware C Corp, how do I appoint other directors?

I need to establish an employer-employee relationship by appointing two other directors. What is the procedure that makes the appointments legal and substantive?

Leonard R. Boyer
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answered on Aug 11, 2023

That is determined by the corporate formation documents and the operating agreement, which no one here can know. So you need to retain an experienced corporate attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: 53 FT Dry Van Trailer Leasing Company Threatning Me

I have 53 ft semi dry van trailer i already paid more than $42k including down payment on this trailer because of business down fall i can't keep up with payments any more because of too high payment which is $1650 per month as per signed lease now leasing company is sending me threatning text... View More

Leonard R. Boyer
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answered on Jul 17, 2023

Clearly, this leasing company is in violation of the Federal Fair Debt Collection Practices Act and is engaging in harassment tactics. Personally, I would file a lawsuit against them and seek damages plus attempt to get a restraining order against them. Then I would have the leverage to negotiate a... View More

1 Answer | Asked in Business Law for New Jersey on
Q: Is preventing merchandise from leaving a store without proof of purchase against the law?

Situation employee asks for receipt, customer refuses to show them, is it illegal for employee to prevent (grab the cart) only the merchandise not the customer from leaving the store. To me it makes no sense that an establishment can have 100 people come in fill their carts and head towards the... View More

T. Augustus Claus
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answered on Jul 13, 2023

Stores have the right to protect their merchandise and prevent theft. However, the specific actions that employees can take may be subject to certain limitations and regulations.

Also, preventing only the merchandise from leaving without detaining the customer themselves may not be...
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1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I'm looking to formulate a sports business holdings company. Should I just open up in NJ or is it a benefit in Delaware?
Morris Leo Greb
Morris Leo Greb
answered on Jun 22, 2023

First speak to your accountant as to the organic tax implications, the retain the services of a mukti state law firm who can best address these issues.

2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
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answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for New Jersey on
Q: Is it possible to sue former employer for lost wages after he refuses to complete paperwork to get my plumbing license?

He paid for my school and agreed verbally to sponsor me to get my plumbing license. Seven years later he’s refusing to fill out the apprenticeship certification for me. Is it possible to sue for lost wages for what I would have been making as a licensed master plumber?

Leonard R. Boyer
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answered on May 25, 2023

There is an insufficient factual basis to answer your question. Without knowing the reasons why he will not fill out the apprenticeship certification it is impossible to answer your question. You are probably going to require a consultation with an experienced attorney to determine what options you... View More

1 Answer | Asked in Contracts, Family Law, Business Law and Civil Rights for New Jersey on
Q: Hello I live in New Jersey and my fiancée decided we should cancel our wedding venue as the wedding was set for 10/21/23

We cancelled while still health emergency on 12/31/22 but venue states they will Sue us if not able to rebook and they of course kept our 5000 deposit. What should I expect or am I able to get out of this? I also do not have a copy of any signed contract only deposit copy and an email from venue

Morris Leo Greb
Morris Leo Greb
answered on May 1, 2023

The best option is to retain an attorney experienced in contract law.

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: I'm not a lawyer I want to do a contract with an licensed New Jersey attorney to provide services to other, is it legal

Own a LLC in New Jersey that provides legal services, I am not an attorney so I want to contract out to a licenses New Jersey Attorney, but I am trying to figure if that is legal in this state.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 4, 2023

A noted US entrepreneur once said that the secret to getting rich is to "find a need and fill it".

All lawyers want and seek more business, so you've found a need.

Fill it? In every bankruptcy case, the attorney for the debtor must sign and file a statement that he...
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Jersey on
Q: If my dogs name is Tater, can I bake a chicken and cheese treat named Tater’s Tots?
Leonard R. Boyer
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answered on Mar 25, 2023

NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: How to keep everything legal with starting a YouTube channel

Me and three friends want to start a YouTube channel and I have quite a bit of success on social media on my own so if this channel takes off and goes well all four of us want ownership. I basically don’t want one party to takeoff with the channel and leave us all behind how do I make a contract... View More

Leonard R. Boyer
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answered on Mar 20, 2023

In order to accomplish what you are seeking, my firm provides all the services that you need. We set up the correct corporate entities that will protect your business from legal problems and contracts. In order to protect your business from being "stolen" from you, your intellectual... View More

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