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New Jersey Contracts Questions & Answers
1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: How do I answer a subpoena that is mistakenly sent to me (ie somebody with same name but different address)?

I have received a subpoena as a defendant (along with a business and several of the business' owners) for something I have no association with. The subpoena statues that I need to answer the complaint and pay the court $175 fee. If I don't answer, I may be automatically found guilty. I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 31, 2019

Pay what filing fee? If you are truly not the person named in the subpoena why not get a Forever stamp and envelope and send it to the name of the lawyer who had you served with it. No need to write a note, now try to tell the lawyer why he is receiving his subpoena in the mail. Be sure you are not... View More

2 Answers | Asked in Contracts for New Jersey on
Q: Dealer wants me to return to dealer to make a new contract with higher interest rate? Legal? Approved and home.

Bought motorcycle 5-1-19, signed and agreed to everything then drive home. Dealer calls wanting me to return to change my rate from 11 to 15.4 due to an employee error. Dealer had 3 hours to go over paperwork with me and verify everything was correct prior to leaving. They are calling and sending... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 2, 2019

Obviously a lawyer would need to read the contract to advise you if this is allowed, but many contracts state that the financing is subject to final lender approval.

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2 Answers | Asked in Contracts for New Jersey on
Q: What’s the cost for an attorney letter to get out of a contract while in attorney review to accept an offer higher
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 2, 2019

Every Attorney charges differently, but expect to pay at least for 1 hours to two hours worth of attorney time,

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on
Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... View More

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Mom had apt at a retirement home, we get 90% of cost when it sells. Any laws for how long we have to wait for sale?

Our mother died in 2017 and we would like to close her estate and are wondering how long the retirement community can keep the apartment unsold. If there are any laws regulating this.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 17, 2019

All of your questions should be answered in the original purchase documents controlling all the terms of ownership, maintenance, assessments and all other terms and conditions. Why not hire a lawyer to review everything and help you convince the owners of the retirement community to speed up their... View More

3 Answers | Asked in Contracts and Education Law for New Jersey on
Q: How can I get released from an online school contract in NJ?

I signed a contract with an online school unbeknownst to me that I only had 72 hours to cancel the contract.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Unless you hire a good lawyer who will read the fine lines of the entire contract you may be stuck with either having to complete the course and pay for it, or renege on the contract and possibly still have to pay for the course never taken.

Investing a few hundred dollars to have an...
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1 Answer | Asked in Banking, Consumer Law, Contracts and Identity Theft for New Jersey on
Q: Can a Chase bank be sued for giving unlawful acces to my bank account to my business partners?

My business partners rather than asking me if they had any confusion, continued to purchase goods from my other business that is owned by my wife. Since they were verbally told several times and there is nothing in writing they took advantage of the situation to edge me out of the business. I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Hire a lawyer experienced in business litigation, banking law and corporations law.

1 Answer | Asked in Estate Planning, Family Law and Contracts for New Jersey on
Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ

I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... View More

Noel Rivers
Noel Rivers
answered on Apr 15, 2019

Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Q: I was tricked into signing a 48 month merchant service agreement and overpriced terminal lease in march 2015.

The name of this company is Lease Financial Group. They lied about the rates. I was charged up to 20% of services. I paid $5000 in 48 month terminal lease for a $300 item. I notice i am not alone. New york attorney general already took this company to court over its corrupt contracts and business... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 13, 2019

Hire a good lawyer to see what can be done, your rights are generally contained in the contract you signed.

1 Answer | Asked in Civil Litigation and Contracts for New Jersey on
Q: I received a mail that I need to pay for some unsolicited unauthorized leaf removal service,

Service which I never requested and never got. I always clean my lot by myself and never request or authorize any lawn services. I received this mail from our HOA service company.

Leonard R. Boyer
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answered on Feb 17, 2019

So what is your question? It appears from your statement the HOA will be doing that from now on.

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Appeals / Appellate Law for New Jersey on
Q: I purchased my car off a mechanic lot that was allowing a person to sell off it, the seller was never there to put on

the temp plates on my car. He left them in my front seat along with a pink sheet for registration which was not filled out correctly and did not have my real NJ Drivers License number on it. I bought in NJ and the temp tag and registration and title where all issued from PA. I signed... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 9, 2019

You stated a lot of facts but no question.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Hi, I want to keep renting my apt and pay rent, but don’t want to sign a one-year lease due to noise above. Possible?

My lease agreement says under “no condition does my expired year lease become a month-to-month lease,” which is what I want, due to unreasonable noise from the apartment upstairs, which I have reported to the landlord.

The landlord has written to the tenant above me to quit making... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 8, 2019

Unfortunately you don't have many options, if you don't sign the new lease you can be evicted, the landlord does not have to give you a month to month lease, but check with your town.

2 Answers | Asked in Contracts for New Jersey on
Q: A fitness club indicates an early cancellation fee as 66% of your remaining contract obligation. Is this within the law?

I joined a fitness club with a 2yr membership of $134/mo in March 2018. I didn't receive copy of the contract and particulars were never discussed. During a class four months after I joined, a tablet was brought over to me by an assistant saying 'I never signed this.'

Since... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 7, 2019

Much more information would be needed to properly answer your question, especially if you didn't sign that contract. However a good lawyer may cost more than the remaining balance to litigate the matter but maybe a negotiated settlement could be arranged.

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1 Answer | Asked in Contracts for New Jersey on
Q: I don’t like the house I wanted to buy We are out of Attorney review How do I get out of this Ty you!
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 4, 2019

The best way is to have your lawyer negotiate a settlement if possible otherwise if not you can lose your deposit.

2 Answers | Asked in Contracts and Employment Law for New Jersey on
Q: Does a "Prime Contractor" Differ from the meaning of vender or General Contractor"?

Can a contractor be classified as

other than a Person working on real estate?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2019

These are 3 different things. Any time you work with any contractor, you need to retain an attorney to determine if contract and contractor are legitimate. A vendor sells materials, a contractor performs work. There are general contractors (a prime contractor is not a common term in NJ) and... View More

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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can someone commit a scam of selling you property?

I have two issues. My son put down payment on a piece of land in a remote area. He is supposed to pay the owner + pay the taxes every month until it's paid off. the owner will hold the deed until he pays it off. It doesn't seem kosher to me. My son does flip houses and is familiar... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2019

Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.

1 Answer | Asked in Business Law, Contracts, Collections and Small Claims for New Jersey on
Q: Small claims matter of $5000 owed by multiple people.Have texts showing they agreed to pay me back.Worth going to court?

I loaned multiple people money this past year. The money was loaned to people who were at the time long-term friends who agreed to pay me back ASAP. All of these people live in NJ and I have personal information (Addresses, etc) for all of them. I have texts showing them asking me for money and... View More

Leonard R. Boyer
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answered on Dec 26, 2018

You should go to Court, but an attorney is not going to be willing to handle your cases, since it would not be cost effective. If you are really in such bad financial shape, why would you ever loan money to anyone?

1 Answer | Asked in Contracts for New Jersey on
Q: What can I do to get my 86yr. old mother, who has dementia, released from a 5yr contract she signed for a home security

My mother signed a 5year contract for an alarm system that she didn't need. She already had a system in her home. My brother spoke with the company who installed the system and told them that my mom has dementia. They said that if he provided a diagnosis from her doctor and if he described... View More

Leonard R. Boyer
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answered on Dec 23, 2018

A letter from a litigation attorney together with a diagnosis from her treating physician will eliminate the problem.

2 Answers | Asked in Contracts for New Jersey on
Q: If someone signs a contract and they die, the contract void, right?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 14, 2018

the answer actually depends on the contract and the terms of the agreement a contract is not necessarily void upon the death of one of the parties

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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Can I break my lease through constructive eviction.

Lived in apartment for 3 years come April. Rent from individual owner, not building. Building is having substantial foundational demo and renovations due to Sandy. We were just notified it will take 4-6 months. We’ve lost access to the bottom floor, including laundry, elevator, trash and secured... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2018

You need to retain a landlord-tenant attorney for constructive eviction. This is not easily proven, but it does seem like you have a good chance of establishing that. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember... View More

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