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New Jersey Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for New Jersey on
Q: Someone forged a contract to get money out of me over a No Further Action Letter. Can I sue this contractor?

I had a cash buyer for my home. The oil tank was lifted. I was there when it was lifted. I did not sign a change order for any additional work, or remediation. I am a Property Manager and would bid it out for the best contractor if the work truly needed to be done. I believe this guy was a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 27, 2019

Although you can sue the contractor, this will not be cost effective. Since the house was foreclosed on, you will need to file a Bankruptcy in order to avoid liability for the deficiency judgment when the property is sold at sheriff sale. Even if you win against the contractor, the Chapter 7... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks broke English... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for New Jersey on
Q: Home contractor installed sump pumps stopped working after 4 months and he stopped responding to calls/emails/texts

We had a contractor help install sump pumps to divert rain water to the sidewalk to prevent potential house flooding a few months ago. In the contract, he mentioned the sump pump would be covered with a 10 year warranty. When the sump pumps stopped working a few months after the install, we reached... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

Hire an attorney to find the contractor, and then you can bring suit. Under the NJ Consumer Fraud law, you are likely entitled to treble damages and attorney fees.

Good luck.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Criminal Law and Federal Crimes for New Jersey on
Q: I have a signed one year residential lease with my tenant. He has only paid initial month and deposit. He did not have e

He did not have employment like he told me so he knew he would not have the rent when he signed. He has a history of bad debt, judgements for non payment, jail for check frauds, etc. Is there anything criminal for bad faith entering into the lease knowing he would not be paying?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2019

Unfortunately you should have done a background check prior to giving the lease.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Verbal agreement isn’t being honored how is ownership determined?

Ex fiancé is holding the dog but the vet bills and shots is under my name and the dogs last name is mine our address is the same but I no longer live there, where do I go from here.

Noel Rivers
Noel Rivers answered on Jul 16, 2019

If you want to fight to have the dog back and your ex-fiance won't allow you to have the dog, you would need to file a lawsuit. The issue then becomes how much are you willing to pay an attorney to sue your ex-fiance to get the dog back? If you filed a lawsuit on your own (pro se), you could bring... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for New Jersey on
Q: If a judge it's a court order the 2% of wages can be garnished how is it possible that the plaintiff attorney could then

Say screw you judge I'm going to take 100% of your wages by freezing the bank account isn't that contempt of court isn't that directly Define the judge how could it possibly be legal

Stuart Nachbar
Stuart Nachbar answered on Jun 28, 2019

The difference is a wage garnishment vs a levy. Wage garnishment is up to 10% of weekly pay. A levy is on an asset, including a bank account. It does not matter that it is wages, because unless it is social security, it is not exempt. Hope you see the difference

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for New Jersey on
Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help

I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 26, 2019

You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be... Read more »

4 Answers | Asked in Civil Litigation for New Jersey on
Q: Hello My name is Jessica.My sons dad is receiving a settlement next week.will i receive something?

What could be a reason i dont receive? Thank you

Bari Weinberger
Bari Weinberger answered on Jun 25, 2019

Thank you for your question. Unfortunately, it is unclear as to what type of settlement you are referring too. In the event that you were named in the lawsuit, you may be entitled to some of the settlement. However, if you are not a party to the litigation, you may not have a claim to any of the... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Federal Crimes for New Jersey on
Q: Adp mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll

mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll accurately. Payrolls were voided immediately (proof can be provided by adp)

But taxes and paycheck monies were drafted out of my pnc account totaling over 200k my bank was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 7, 2019

You really need to seek an in person consultation where the attorney can see all the paperwork to give you a proper answer, but expect to pay for the attorneys time as that is not part of the normal criminal free in office consultation.

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 am... Read 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... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: SubpoenasThe plaintiff in a NJ civil case is trying to subpoena bank records in the state of GA, GA has stated they

don't have to comply with NJ laws. Both parties reside in NJ. What to do?

Noel Rivers
Noel Rivers answered on Apr 15, 2019

There are many companies that can properly serve subpoenas to out of state companies. Often, when an out of state company receives a subpoena that was properly served, it complies with the subpoena. Subpoenas sent without proper service can be ignored by the receiving company.

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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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
Leonard R. Boyer 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 for New Jersey on
Q: I am currently having my wadges garnished at 15% per pay period for Restitution from a case in 1999 in Ohio. I have been

Seeking help to see about converting to Civil Judgement I really need help this is draining me financially

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

There is no way to change it. You need to file a Chapter 13 bankruptcy and pay it off over a 60 month period of time. This may make your payments more manageable. But it is expressly not dischargable in bankruptcy.Do not let geographic restrictions get in the way of retaining the best attorney.... Read more »

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 "shady"... Read more »

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

You stated a lot of facts but no question.

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 with real... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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 Traffic Tickets and Civil Litigation for New Jersey on
Q: What can be done if i can prove that a cop issued me a fraudulent careless driving ticket ?

I have a lot more details about this Injustice

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 31, 2018

You need to go to court or call the court, plead not guilty and when you go to court ask for a trial. You can also hire a lawyer to do most of this for you, but you will still need to appear in court. FYI most people who come to my office feel that the tickets they received were an injustice, so... Read more »

Q: Can I sue a small business?

I told my boss and one manager that I was pregnant and asked them not to tell anyone else. My whole job now knows and I feel uncomfortable at work. Are they allowed to share my information against my wishes?

Leonard R. Boyer
Leonard R. Boyer answered on Dec 19, 2018

You can sue a small business, if you have a legitimate cause of action. Otherwise, you could end up paying the other side legal fees and costs. Your situation is questionable, absent more facts.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: What is my mother entitled from her father since she was only child?

My Grandfather passed away in 2003. My mother was never informed. She was only child even tho he remarried. Many years after he passed, i find out and all they said was "he didnt leave nothing". I want to know what is my mother entitled since he was an army veteran and he also owned a house and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2018

Your mother would need to consult with an experienced Probate attorney in order to determine the answer.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: November 2,2018 I had ordered from dominoes pizzeria for a delivery that was

Suppose to come at 11:45pm, Food never came so I cancelled the order due to my break being over,

Dominoes refund me my money. 12:45pm the delivery guy comes I tell him I cancelled the order and he said ok I have to take the food back then I had told him no problem as I was walking back into... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 4, 2018

It could be difficult to say without knowing more details, such as whether everyone’s versions of events are consistent with one another.

Tim Akpinar

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