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New Jersey Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Landlord - Tenant for New Jersey on
Q: I have two questions. One is about tenant law and eviction.

I also have a question about a company that is threatening to sue me. They are hiring people to do proxy betting at online casinos in NJ. The company is based in London, England.

1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

1 Answer | Asked in Small Claims and Civil Litigation for New Jersey on
Q: Civil debt case.

I filed an objection. then an answer with documentation showing all my income is from federal disability, VA and US DOL/OWCP compensation. I just received notification that the plaintiff filed to strike the answer. From my understanding, my income is protected by law from this type of action. Do I... View More

Leonard R. Boyer
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answered on Oct 31, 2024

Any time that you have a legal case, you should be represented by counsel. Depending on the amount of your income you may qualify for NJ Legal Services or help from a local law school legal clinic. Good luck.

1 Answer | Asked in Elder Law and Civil Litigation for New Jersey on
Q: Can my son sell "his half" of my mother/daughter single family home to a non-relative without my consent.

Both our names are on the mortgage and the title as of 3 years ago when he suggested we refinance the mortgage at a lower interest rate. Prior to that, it had been in my name only since 2004 when my husband died.

Leonard R. Boyer
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answered on Oct 22, 2024

This situation will require a consultation with an experienced civil litigation attorney to sort through all this. You should expect to pay for about 1/2 an hour of attorney time to obtain the advice and best way to proceed. Pick the best attorney you can find and remember one rule: a good... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I’m being sued personally when I worked under an llc

I was hired 3 separate times by 1 client. The 3rd job was taking longer than expected due to other jobs and the client went to social media and wrote bad reviews on every site possible. The clients father contacted me and agreed that she would remove the reviews if I came back and finished the... View More

Leonard R. Boyer
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answered on Sep 27, 2024

Yes, unless you have a 3 member LLC, this person is going to sue you personally because to be a legitimate LLC in New Jersey, you must have 3 members and file the right corporate formalities, otherwise, an LLC is not worth the paper it is printed on. She is probably also suing you based on the NJ... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for New Jersey on
Q: I am in a low income bracket. I am in need of an attorney to help me deal with a case of harassment and intimidation.
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

A starting point could be to look into legal aid organizations and local/state bar association websites. Good luck

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Do i (plaintiff) have to reply to an answer from the defendant citing to 4:5-2 ?

I filed a lawsuit in the Special Civil Part for 17k against Ford and a Ford dealership. Only Ford's lawyer has filed an answer. The answer denies the allegations and states 5 sepparate defenses as well as a demand for statement of damages within 5 days pursuant to 4:5-2. Do I have to reply?... View More

Leonard R. Boyer
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answered on Sep 18, 2024

You need to retain an experienced New Jersey civil litigation attorney. You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the... View More

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Whats the chance a judge accepts a adjournment after an 11 month case i was self representing and now obtained a lawyer
Cesar Mejia Duenas
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answered on Aug 22, 2024

In New Jersey, whether a judge grants an adjournment depends on several factors, including the stage of the case, the reasons for the adjournment, and the potential impact on both parties. Under New Jersey Court Rule 4:36-3(b), requests for adjournments should be made as soon as the need arises and... View More

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1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: need a copy of motion to reinstate for Essex County Superior Court in Newark, New Jersey
Leonard R. Boyer
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answered on Jun 15, 2024

Your question is not clear. Do you want a copy of a motion to reinstate that was previously filed or do you want one that you can use as a model? Trying to represent yourself in any case, even if you are a trained attorney is unwise. You need to retain an experienced civil litigation attorney to... View More

1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: "Defendant's answer and affirmative Defenses are hereby suppressed without prejudice"

NJ civil action. I could not complete interrogatories/discovery in time. What do I do? I have little to no resources. Discovery period is supposed to run until Sept 5, 2024.

Leonard R. Boyer
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answered on Jun 15, 2024

Contact New Jersey Legal Services and find out if they will consider representing you. Good luck.

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Environmental for New Jersey on
Q: I think I accidentally dumped blankets at a clothing-only donation bin (on camera). Am I screwed? (Bergen County, NJ)

I put some blankets in a donation bin and only saw a tucked away sign saying "no bulky items, ONLY clothing and shoes" as I drove away. I would've fished the blankets out of the bin but the style of the door was like a pull-out laundry chute, it wasn't an open bin. There was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 8, 2024

Yes you could be prosecuted for dumping the blankets, but generally unless you dumped something like garbage, electronics, furniture or the like, I doudt you will see the police at your door. That being said if charged make sure you hire a lawyer.

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Can I sue an nj hair salon for using my photos on the outside store banner without my consent? Is it a civil case?

I got my hair done at a salon and she asked to take my photos for her insta. Next thing I know my photo is used as her new store banner after she renovated. She never asked me or even offered compensation. Is this a civil matter or am I entitled to be compensated?

James L. Arrasmith
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answered on Apr 10, 2024

Yes, this could be a civil matter, and you may be entitled to compensation. The salon owner's use of your photos without your consent could potentially violate your right of publicity or constitute copyright infringement, depending on the specific circumstances.

1. Right of publicity:...
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1 Answer | Asked in Civil Litigation and Probate for New Jersey on
Q: How long do I have to object to an accounting and file a surcharge action against an estate representative in NJ?

A recent Court order details the estate representative is to complete the estate and provide an informal accounting by the next hearing date, which is a month from now. After conducting a property records search I found a number of estate properties have yet to be listed and/or sold. I have doubts... View More

Anthony M. Avery
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answered on Mar 27, 2024

Consult with a NJ attorney: but are you sure the real properties that you looked at are in fact assets of the Estate? Chances are the heirs at law own them, not the Estate. You might search the titles also and determine present ownership. If they are Estate assets, then file a motion to... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New Jersey on
Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

James L. Arrasmith
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answered on Mar 23, 2024

If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Generally do non-disparaging clauses include complaints made to a government agencies? Or must a provision be added?

Civil lawsuit, and counterclaim.

Leonard R. Boyer
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answered on Mar 19, 2024

Your question is too vague to answer. You need to elaborate more about what you are speaking about.

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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