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New Jersey Business Law Questions & Answers
1 Answer | Asked in Business Law for New Jersey on
Q: My business is an LLC. I have a client suing me (Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.)

Can they go after me personally?

Second question, what happens if I close down my LLC Business?

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 29, 2022

Closing down your business will not help you. Unless you have a 3 member LLC, the person suing you will be able to pierce the corporate veil and go after you personally. You need to retain an experienced civil litigation attorney. With modern technology, you can be represented by any high-quality... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Jersey on
Q: My wage was been finished at my previous job. I resigned six months ago and now I'm returning. Will the gunisbment suev
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 17, 2022

The garnishment will be reinstated once the creditor finds out about your employment.

1 Answer | Asked in Criminal Law, Business Law and Communications Law for New Jersey on
Q: Can I legally record a phone conversation in the state of NJ or NY without the other person’s knowledge?

I am in NJ and the other participant is either in NJ or NY.

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, NJ is a one person consent state, but I cannot advise you about NY law. Good luck.

1 Answer | Asked in Contracts, Business Law, Intellectual Property and Trademark for New Jersey on
Q: I am a wellness consulting company and I would like to know what are the basic terms outlined in a business contract?

I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!

Robert Kost
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Robert Kost
answered on May 2, 2022

You can begin to understand the basic components of a contract here:

https://www.contractstandards.com/public#contracts

Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and...
Read more »

1 Answer | Asked in Consumer Law, Business Law and Construction Law for New Jersey on
Q: does the board have the right to change a law that is also in the state law ?

While applying to the state for an electrical license , does the board have the right to change a law that is also in the state law ? Because it says so on its website ;The Board is engaging in rulemaking to implement the law. i check the law ,N.J.A.C. 13:31-2.1 Qualifications of Applicants... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 10, 2022

The only way that any one can help you is if you provide more facts. There is no point in speculating.

2 Answers | Asked in Tax Law and Business Law for New Jersey on
Q: If a small business owner dies in NJ with several year's business taxes unfiled, is spouse liable?

Will spouse need to file back business tax reports, etc.?

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 5, 2022

There are far too many variables and unknown facts to provide you with a meaningful answer. You best way of proceeding is speaking with an experienced business and/or probate attorney. With the current economic environment, the IRS is not an agency you want to take any chances with. Good luck.

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2 Answers | Asked in Business Law for New Jersey on
Q: where can I find the law that states an Llc corp is a seperate legal entity

I received a ticket in the mail addressed to my legal name for the alarm going off on a vehicle registered to a legal LLC corporation

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 19, 2022

Unless your LLC is a properly custom drafted LLC with 3 members, it is easy to pierce the corporate veil and you are going to be liable. It is cheaper to just pay the ticket, you are not going to avoid liability, due to several reasons.

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1 Answer | Asked in Business Law for New Jersey on
Q: What is statute for limitation for violation of the New Jersey Computer Related Offenses Act, N.J.S.A. 2A:38A-3
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 16, 2022

The answer depends on the facts of your case thus I suggest you speak with a lawyer, but generally you will be looking at the civil litigation statute of limitations for Superior Court cases, assuming you meet the standards of being in Superior Court of NJ.

1 Answer | Asked in Criminal Law, Banking and Business Law for New Jersey on
Q: Hello there, how do I go about bringing embezzlement charges against someone? What lawyer would I be looking for?

My husband’s business partner stole $20,000 from their joint business account after my husband was locked out of the online banking portal. It been going on for a couple of months and it’s clear the the former business partner had something to do with that; which I can only assume is bank fraud... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 15, 2022

You need a lawyer that handles litigation the lawyer fees however for these types of cases are never cheap as generally you will be in protracted litigation as people will generally try to hide their wrongful actions.

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Looking to warehouse liquor in NJ but also have a seating area where people can sit and taste thier wines or whiskeys.

Is there a specific warehouse license I need and would a sitting area be allowable or considered a byob?

Samuil Buschkin
Samuil Buschkin
answered on Dec 6, 2021

Hi there.

In NJ, alcoholic beverages can only be stored in an area that is included in the licensed premises or in a

licensed public warehouse. In case of a temporary need to store alcoholic beverages elsewhere, a licensee

may apply to the Division of A.B.C. for a special...
Read more »

2 Answers | Asked in Business Law for New Jersey on
Q: Need help

I have a document I signed I was just wondering if its an estimate document or its legal & binding document I have to pay and if its away you can look at it for me

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 26, 2021

No one can know without seeing the document you are referring to.

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1 Answer | Asked in Contracts, Employment Law, Business Law and Municipal Law for New Jersey on
Q: If a police department hires me and pays for me to attend the police academy (equipment/uniforms/salary included),

and part of that agreement is to sign a contract the day before graduating that says either you stay for 2-years or are responsible for paying back all the training costs (equipment/gear/uniforms/salary). If l quit that department to leave to work at another agency that is also PTC, the new agency... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 24, 2021

Speak to a employment law attorney with experience in this very narrow area of the law.

1 Answer | Asked in Business Law for New Jersey on
Q: Our company we no longer have is being sued in a big lawsuit in NJ

We had a company that was incorporated 12 years ago in NJ and we just got a notice of a big lawsuit that we were included in and they sent us a request to waive service of summons and a cash out settlement agreement. If there is no longer a company or bank account can we still be held liable for... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 5, 2021

Your question is far beyond the scope of this forum, or what an attorney would be able to provide in a free consultation.

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Do I need an s-corp to be a medical transcriptionist in NJ or can I register as an LLC?

I do medical transcribing parttime from home. The group I work with was audited by NJ 5 years ago and fined because the transcribers that live in NJ supposedly need an s-corp license, not an LLC. This applied to only those who live in NJ. Why? I opened an s-corp this year and the cost of running a... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 5, 2021

An "S" Corp is the accountant's best friend and your worst enemy. You need to retain an experienced licensed attorney to custom draft the documents required for an LLC. If you are not at least a 3 member LLC the "corporate veil" that protects you from liabilty can easily be pierced.

2 Answers | Asked in Contracts, Employment Law and Business Law for New Jersey on
Q: I had an NDA made with a developer. I accidentally had him sign under owner and I signed under recipient, am I the owner

So we had an NDA made where he can’t share make his own or do anything with the software. He did all of the sudden and I issued him a cease and desist. Afterwards he pointed that he was the owner of the agreement and not us, which was a mistake on my end I switched up the roles, but the terms... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 26, 2021

To properly answer your question a lawyer would need to review the entire agreement and any other information regarding your relationship and payments.

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1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: A business in NJ delivered products to a business in MN. The business in MN refuses to pay for or return the product.

Is this stealing? How can one alert the authorities if this is against Minnesota or federal law?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 11, 2021

Too many questions would need to be asked before we could give you a correct answer. You will need to setup a consultation with a lawyer.

1 Answer | Asked in Business Law, Securities Law and Stockbroker Fraud for New Jersey on
Q: Can an execution-only company operate without a broker license? Handling the execution of copying securities trades
Leonard R. Boyer
Leonard R. Boyer
answered on Jun 23, 2021

There is no legal trading of any securities without a valid license for the appropriate security. If you do not have the right license for example to trade futures, and you do, then you have a serious problem. Don't do it!

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Land Use & Zoning for New Jersey on
Q: What is my legality in a commercial lease building that I’m hosting events/production?

Is it legal for the owner to get in my business?

Leonard R. Boyer
Leonard R. Boyer
answered on May 30, 2021

You need to take your lease to an experienced NJ civil litigation and contracts attorney, who can provide you with meaningful advice. You may need special licensing, insurance and permits as well. All this takes time, especially if you have a tight schedule. You did not mention what town you are... Read more »

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3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Derek John Soltis
Derek John Soltis
answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: What happens if a shareholder with a noncompete agreement forces to open a direct competition right next to us?

We found out that one of the shareholders was secretly planning to leave the company and start a direct competition literally two blocks away from us. There is a shareholder agreement that everyone signed that has a noncompete clause which prohibits shareholders to be involved in a competition for... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 9, 2021

Yes, one always has a right to litigate a valid issue. The question did not state whether any dispute concerning the contract was to be arbitrated instead of litigated. For purposes of my answer, I presumed there was no such provision in the agreement. The issues that a court will look to are... Read more »

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