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New Jersey Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for New Jersey on
Q: I signed arbitration agreement when buying new car at dealership. It states that all claims and disputes must be

resolved through arbitration in accordance with AAA rules. However, in AAA Consuner Rules, R-9. 'Small Claims Option for the Parties' reads as 'If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 16, 2021

Yes, you may proceed with filing a small claims action against the auto dealership. However be sure to follow what requirements or stipulation the AAA requires in order to proceed with filing a small claims court action.

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for New Jersey on
Q: How much alimony am I entitled to get?

My husband filed for divorce after marriage of 27 months.He filed for divorce in new jersey.He is 32 years old citizen.I am 27 years old green card holder.He earns 70k and I earn 20k annually. I am not having any usa educational degree. He brought house and car before marriage.

What can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 16, 2021

These questions cannot be decided in a vacuum like this. You need to retain an experienced matrimonial attorney to protect your interests in this matter. This is not a do-it-yourself project. You can "meet" your attorney by way of a secured video conference or in person. Remember, a good... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

Morris Leo Greb
Morris Leo Greb answered on Jun 16, 2021

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 30, 2021

This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.

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Q: Landlord owes us around 10k in repair credits, is dodging the subject, we owe him 6500 (2.5 months arrearages) severely

Harassing us,threatening, & bullying us. He breeched the lease in several areas, was supposed to supply electric to outbuilding, has not, refusing to pay credits when He either refused to do the work or sent his maintenance guy out here to start projects last May, & never returned. When we... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 25, 2021

Make an appointment with Legal Aid to determine whether you qualify. Call your County Court House for information about contacting Legal Aid.

3 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for New Jersey on
Q: Found a property which has been abodoned in New Jersey: placed business logos on the property and have taken furniture.

Last sale listed in 2015, without an owner or realtor agent listing.

Claimed the property on Realtor.com.

What are the next steps I can take toward legal ownership of this property?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 18, 2021

You can't just take furniture from a place because you feel its been abandoned it may not be. That can be a criminal offense. If your trying to get a property by adverse possession be careful as many people end up not getting the property but getting a criminal charge instead for such things... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for New Jersey on
Q: As executor of a will, do I have the right to obtain a case file from a lawyer that was working on a case at death?

Deceased did not keep a file of records and there are payments to a lawyer for services. Can I legally demand case file paperwork from the lawyer? I suspect ethics issues from the lawyer and need proof that there wasn't work being done.

Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

I'm sorry your post remains open for four weeks. Consider reposting under the Probate and Estate Planning sections instead of Arbitration/Mediation. There's no guarantee that every question is ultimately answered, but you would have better chances of your question being seen by someone... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for New Jersey on
Q: Can I reopen my divorce that ended in 2010 if I can prove fraud?

My divorce was moved to arbitration because my husband was lying and destroying evidence of our business, he did this to hide both the value of the business and his income. After 7 years of arbitration my case was returned to the court. My husband continued to lie about his income which was... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 14, 2019

Given the length of time that has passed, I seriously doubt it. You would probably have to pay an experienced matrimonial attorney, just to research the case law, to see if there is any possibility.

1 Answer | Asked in Arbitration / Mediation Law for New Jersey on
Q: what type of lawyer do I need for a dispute about a medical bill for surgery that I am not responsible for

surgery performed after I was admitted to the ER, broken leg set,and the doctor they provided for me did not take my insurance. I was never told this or signed anything and they sent me an outrageous bill for his work, now they are sueing me for the full amount

Tim Akpinar
Tim Akpinar answered on Jul 29, 2019

You could look for an attorney or law firm that handles collections defense - healthcare claims. If they put the matter into suit and served you with a summons and complaint, move promptly in arranging for an attorney to answer or to request an extension. Good luck

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for New Jersey on
Q: My wife wants a divorce and wants to take the kids out of state in the middle of the school year when my son has a

My wonnHas a mild learning disability and she speaks English to assure the medical and educational well being of my children. I am their father and she wants to take them to St Lo hi is Missouri where her sister lives . By law can she just pick up and go

Leonard R. Boyer
Leonard R. Boyer answered on Dec 25, 2018

NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent... Read more »

2 Answers | Asked in Divorce, Family Law, Child Support and Arbitration / Mediation Law for New Jersey on
Q: Had economic mediation last week and are to sign off June 11,2017 with judge and not happy with MSA outcome.

MSA not signed yet as it was not sent/forwarded to me. Husband of 22 yrs left family with 4 children June 2017 and filed for divorce. I retained attorney in Oct 2017 and requested support. As of yet no support given. They want me to empty retirement acct early, not husband though, to pay 1/2 of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 24, 2018

You should never think of yourself as a nuisance to your attorney. You are entitled to change attorneys at any time if you are not satisfied. Without a document review, it is not possible to provide more specific answers. You need to retain an experienced matrimonial attorney who knows how to... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for New Jersey on
Q: How to meet my child? I got divorce 6 years back and now I came back to US. They are residing in NJ. I am in IL.

I, my wife and our only kid came to US in 2010 on my work visa. We lived here for few months and she called up 911 for DV abuse. There were no charges against me as I did nothing wrong. However, she left home with our child. I went to my country back tried all means to be in touch with them via... Read more »

Bari Weinberger
Bari Weinberger answered on Mar 8, 2018

Thank you for your question.

I understand your concerns relating to visitation of your child. Since you are back in the US, it would be wise to file a motion to develop a parenting time schedule for the child. Based on a number of factors, parenting time will likely occur, however, there...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for New Jersey on
Q: can I file a subpoena for phone records before filing divorce?

I live in NJ and have every reason to believe my spouse is cheating. Proof would be in his phone records. However, I'm looking to subpoena these records and have definite proof before deciding to file for a divorce.

Bari Weinberger
Bari Weinberger answered on Oct 12, 2017

Hello and thanks for your question. I'm sorry you are going through this tough time. Divorce is incredibly difficult, especially when there is adultery involved. I'll try to answer you as best I can, here in this general forum.

With regard to subpoenas, it is possible to issue a...
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1 Answer | Asked in Arbitration / Mediation Law for New Jersey on
Q: We have an arbitration clause under an existing consulting agreement, Developers have violated multiple performance

covenants of the agreement. Can we still sue them?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 9, 2015

That would depend upon your agreement and the terms thereunder. Get yourself a good computer/internet lawyer to review the contract and your rights.

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