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New Jersey Small Claims Questions & Answers
1 Answer | Asked in Car Accidents, Products Liability and Small Claims for New Jersey on
Q: If a company school van hit and scratched my mirror on my van while I was parked what claim should I choose.
Tim Akpinar
Tim Akpinar
answered on May 27, 2019

It could be handled as a property damage claim against the bus company. Or it could possibly be handled as a first-party claim through your own carrier, depending on your policy. However, if it is a minor matter (you describe it as a scratch), it's possible it might not pass the threshold for... View More

2 Answers | Asked in Family Law, Child Support and Small Claims for New Jersey on
Q: The father of my children and I have lived together for 17 years. The house is in his name.

I have been a stay at home mother for going on 10 years. He financially took care of me and the children for those years. We are not married and Nj doesn’t aknowledge common law marriage. I put my inheritance into the down payment for the home. I took care of his mother, the multi family home,... View More

Leonard R. Boyer
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answered on Feb 22, 2019

This case is going to be very complex and it could get very expensive fairly fast. You need to retain experienced mortgage foreclosure defense and matrimonial counsel. Only a mortgage foreclosure and matrimonial attorney has the expertise to prevent you from having more problems than you can... View More

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3 Answers | Asked in Copyright and Small Claims for New Jersey on
Q: What should I do if someone is refusing to pay for artwork I did for them and also allowed someone else to edit it?

They are letting the other person claim it as their own and refusing to pay for it

Jason Brooks
Jason Brooks
answered on Feb 8, 2019

Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I... View More

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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 Consumer Law and Small Claims for New Jersey on
Q: I was put up for repo. It went past that and was sued for the balance of the vehicle. I was issued a judgement.

Because I was issued a judgement for the cash value, does that mean I can request the title of my car and it's now my property, but am legally obliged to repay that amount ?

The way I see it is a court of law agreed that I owe the money and ordered me to pay, but does that then also... View More

Leonard R. Boyer
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answered on Nov 4, 2018

You are seeking things through rose colored glasses which is distorting your vision and the law. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced CA Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you.... View More

1 Answer | Asked in Small Claims, Contracts and Animal / Dog Law for New Jersey on
Q: i live in nj and bought a puppy from someone in north carolina who advertised her as akc registered, she is not.

i never got a contract but agreed to 4 puppies back. she will not provide me with proof of akc reg. she is also now saying she does not owe half the vet bills relating to delivery. i told her it would have to be 2 puppies this litter 2 puppies next litter. she is threatening court. where would... View More

Leonard R. Boyer
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answered on Aug 2, 2018

This is not the type of transaction that you should engage in long distance. If she does chose to sue you, it would be in NC. A signed contract is not essential to this matter. Threatening to sue someone is easy, actually doing it successfully is not.

2 Answers | Asked in Small Claims and Traffic Tickets for New Jersey on
Q: i was charged with this violation 39:3-4 which is driving or parking unregistered motor vehicle. I never touched it

my car has been sitting outside parked for over a month since the motor has been dead. I was wondering is the charge is due to the fact that is parked on a public road? or can I argue the fact that I haven't touch or moved the vehicle since a month?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 26, 2018

Any car that is on a public road must be registered and insured. You were actually lucky that the cop did not write you a ticket for abandoned motor vehicle because if the vehicle is not able to be moved and has been sitting on the street for a month that would have been also a proper ticket to... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for New Jersey on
Q: My step father made himself adminstrator to my mother's estate but he died without disrupting anything

He died without distributing anything . since he remarried what can I do because new wife is not doing anything. No will but a house, land, cars safety deposit box and saving account worth more 50,000.00 what can I do since she refused to do anything

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 20, 2018

You start by seeking a consultation with an experienced estate planning lawyer because if your mother died without a will he could not legally appoint himself an administrator of the estate this must be done by the court.

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1 Answer | Asked in Small Claims and Traffic Tickets for New Jersey on
Q: Can I get a parking ticket for pulling up in front of friends house to drop him off there were cars parked on the righ

So we came back from the store and I pulled in front of a friends house to drop him off there were parked cars on the right where you park but I was dropping him off so I stopped in front of his house and I saw a car coming from the back it was like a back street with house around and street so... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 20, 2018

I would not complain about the parking ticket because the year old marijuana was still good enough to give you a criminal charge.

1 Answer | Asked in Criminal Law and Small Claims for New Jersey on
Q: He used Valtrex but never told me he had herpes.

I have proof of his prescriptions and him denying it in text message. But prosecutor said they can't order a blood test. I feel like I've lost.

So how do I tell him for the future is a felony and you have to reveal it.

Leon Matchin
PREMIUM
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answered on Jun 3, 2018

You can talk to him, call him, email him or write him by regular mail and/or certified mail return receipt request.

1 Answer | Asked in Small Claims for New Jersey on
Q: How can I protect myself from frivolous charges from the defendant while filing a civil suit for stolen property?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 7, 2018

Its not easy as everyone has the right to go to the police and whether charges get filed are up to the police, judge and court personnel to find probable cause.

1 Answer | Asked in Small Claims for New Jersey on
Q: I live in California and the defendant lives in New Jersey, will I be able to claim court and my flight as part of claim
Leonard R. Boyer
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answered on Mar 24, 2018

Without more facts it is impossible to know or provide a meaningful answer.

1 Answer | Asked in Collections and Small Claims for New Jersey on
Q: I’ve been given notice about a judgement fr midland funding for $619 & I’m trying to vacate judgement in N.J. help?!

What are the exact forms and wording to use ? I never received letter prior to this ? I’ve also been given subpoena. Last payment made to target National Bank was 7/2009 & judgement was placed against me on 1/2015.

Leonard R. Boyer
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answered on Mar 17, 2018

Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you or not. Either way, you cannot ignore an Information Subpoena.

2 Answers | Asked in Criminal Law, Employment Law and Small Claims for New Jersey on
Q: I was caught taking $973 worth of money from my job over a period of several months. Taking to detective tomorrow

.

Paul Ferrell Jr
Paul Ferrell Jr
answered on Feb 7, 2018

You have already given away any chance you might have had to defend so I would not advise talking with the private detective. You should retain a lawyer immediately to possibly avoid prosecution. Good luck.

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1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for New Jersey on
Q: Can I be charge with leaving the scene of an accident? Am I liable? Can I get her car repaired @ my costs?

This mope double parked her car & I dented it. Around this dent their is other damage to her car she says I am NOT liable for on video. However she told me if doesn't like my guy she will go to file a report.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 7, 2018

Yes bothe parties to an accident are required to report that accident to the police. Thus in general the last party to report it will generally gets a charge but technically both could.

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: Is partial repayment of a loan in an oral agreement proof a loan existed and balance must be repaid?

After not speaking to her parents for five years a daughter phoned her parents to say she was getting a divorce due to abuse. Due to the immediacy, in an oral agreement, the parents lent the daughter retainer fees for her divorce. Repayment was due after the divorce was finalized. The daughter... View More

Leonard R. Boyer
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answered on Jan 28, 2018

There will be a presumption that the money was a gift, but it will be your word against hers. I do not know what your existing relationship is with your daughter, but taking a family member to Court to sue for a debt can cost more than it is worth in both emotional stress and legal fees.

1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: Can I sue the person that mailed me poop?

I had a threatening message from an ebay seller after I left them a bad review for sending me a product that was not as described.

They said they would send me some mail for giving them a bad review on ebay and other websites.

That was back in January 13 of 2018. They have sent me... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 27, 2018

Yes, but you probably would not get much and may cost more in legal fees. Maybe it would be better to report this to ebay and send them pictures of it including the box it came in.

1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for New Jersey on
Q: I am a cancer survivor. My Radiation provider is requesting my bank account & valuables info via subpoena. Legal?

I have been paying them $10 a month for a year on a $450 bill. I only have Medicare. They are adding $350 to bill in "legal fees". I only get $1500 a month to live on. Fees seem unfair.

Leonard R. Boyer
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answered on Jan 16, 2018

It is not lawful. Consult a consumer law attorney.

1 Answer | Asked in Business Law and Small Claims for New Jersey on
Q: I was selling a dress and the woman took the money back and I was charged with the fee.

I was selling a dress online for $75 and the person who bought it offered a $40 holding charge so that I would not sell to anyone else. So I was expecting a check for $115 and was about to send the dress when I got a check for $860. She wanted a mover to pick it up but that could not happen because... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 15, 2018

Your options are limited you did not deliver the product, also your question does not make sense as you stated the product was $115 but she sent you $860.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Real Estate Law and Small Claims for New Jersey on
Q: My vehicle was towed off of a private property without my knowledge or consent. Us this legal in New Jersey and what typ

*type of action can I take ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 31, 2017

Parking a car on someone's private property technically results in a trespass which could have subject you to a possible criminal/DP charge and if it was left for an extended period of time could also result in abandoned vehicle ticket.

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