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New Jersey Civil Litigation Questions & Answers
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

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 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 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, 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

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

James L. Arrasmith
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answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

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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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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New Jersey on
Q: Way to sue roommate for causing me mental trauma and trying to discourage me to find a replacement

I have been dealing with a cunning roommate. Since last 1 year, he had been making noise and partying once or twice a week ruining my sleep. When i confronted him, he blamed me equally for keeping silent for so long. I couldn't really stay peacefully once I confronted him.

I decided... View More

James L. Arrasmith
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answered on Mar 5, 2024

Suing a roommate for mental trauma and actions that discouraged potential replacements for your tenancy can be complex and challenging. In legal terms, to pursue a lawsuit for emotional distress, you would need to demonstrate that the roommate's actions were intentional or reckless, caused you... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: I'm in NJ and am main buyer on a vehicle contract with an ex. I sued him in special civil court and won. However

Im trying to get off the loan entirely or gain possession of the car. The lender did an extension agreement with the cosigner without my knowledge or signature electronically. Is this legal in NJ? Co-signer's name is on the title however I can add mine on to it at any time. What is the best... View More

Leonard R. Boyer
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answered on Feb 26, 2024

You need to retain an experienced civil litigation attorney to represent your interests in this matter. You should expect to pay for a 1/2 hour of attorney time to have your best course of action determined. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have a civil claim and the defendant countered. Now I need to adjust my reimbursement request. How do I do that

I live in NJ but the case is being heard over Zoom court in Kent County, DE

James L. Arrasmith
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answered on Feb 24, 2024

To adjust your reimbursement request in response to the defendant's counterclaim, you will need to file an amended complaint. In your amended complaint, you can revise the amount you are seeking for reimbursement or make any other necessary changes to your claim. Ensure that you clearly... View More

1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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1 Answer | Asked in Civil Litigation for New Jersey on
Q: What is the rule regarding admissability of testing outside the presence of opposing counsel?
Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

If you're talking about testing for damages in a claim, many forms of testing (material science, metallurgical, engineering, biological, etc.) are conducted in labs or in the field. As long as the persons performing the testing are qualified and the lab is legitimate, most of it is done... View More

1 Answer | Asked in Civil Litigation and Immigration Law for New Jersey on
Q: How do I stop a former step father who is an illegal from harassing me for money?

My mother passed away almost 2 years ago and her freeloading illegal husband had no place to go after she died. He broke into the garage of their prior rental for a while and stayed there and finally found some unsuspecting woman to take pity on him and found him a room in a house with other... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about your former stepfather's harassment for money. To address this situation legally, you may consider taking the following steps:

Cease All Financial Support: Stop sending him groceries or any financial assistance immediately. Continuing to provide support...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for New Jersey on
Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj.

Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff

James L. Arrasmith
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answered on Dec 30, 2023

For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns.

Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case....
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1 Answer | Asked in Family Law, Personal Injury and Civil Litigation for New Jersey on
Q: i filed a motion to strike the pleadings of defendat for failure to make discovery

I have a lawsuit against family members where I am nearing the end of discovery. the defendants have not conducted any discovery which led to their pleadings being struck without prejudice. I filed a second motion to strike with prejudice and the courts filed an order stating the court will dismiss... View More

Richard Diamond
Richard Diamond
answered on Dec 11, 2023

My suggestion is that you meet with / retain a lawyer to take over the handling of your matter since I am not sure that you understand the legal significance of your actions or the court's response to it. You served discovery requests on the other side and presumably, they answered your... View More

2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

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