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New Jersey Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for New Jersey on
Q: What is the procedure when one business does something and it causes a 2nd PARTY to do damage to the pkaintiff..

Is it two separate cases or one?the hospital gave my PHI TO A person acting as POA AND IT WAS USED FOR ILLEGAL PURPOSE.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2022

You really need to state a meaningful question without any abbreviations (which cannot be specifically identified.

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1 Answer | Asked in Banking, Civil Litigation and Collections for New Jersey on
Q: Can a court levy my bank account without notification of any court case against me?

I currently live in FL. Previously lived in NJ. Noticed today that checking and savings accounts were levied. When I spoke to my bank, they said the superior court of NJ authorized this. I never received any notification of a pending court case against me. The address on my license and with the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2022

Significiantly more information is required for a meaningful answer.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: If the general equity court rules in favor of money judgement how does it get enforced? will this court enforce it?

Estimates have been provided to the court but no money judgement has been made yet. case has been going for 2 1/2 years now and now more damage has been done to property. Recently filed a motion which was scheduled to be heard 010722 but as of today, no ruling yet. Motion asked that the court... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2022

More facts are necessary for a more meaningful answer. The question is also not clear. If you do not know how to enforce a judgment, you are going to need to retain an experienced civil litigation attorney, if it is cost effective.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: breach on contract refund from match making agency NJ Singles
Leonard R. Boyer
Leonard R. Boyer answered on Jan 12, 2022

You are going to need to be a lot more specific in order to get a meaningful answer. An attorney will probably need to review the contract as well.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Can I redact charges on my back statement for an information subpoena?

I have a judgement against me since last year. each year the attorney sends an information subpoena for me to fill out. I only receive social security benefits. it says Attach copies of the three most recent bank statements that contain funds from social security. an I redact from my bank... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 3, 2022

You need to retain an experienced Bankruptcy attorney and if you cannot afford your own attorney, then you need to contact New Jersey legal services.

3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Timothy Denison
Timothy Denison answered on Nov 18, 2021

Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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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 Civil Litigation and Contracts for New Jersey on
Q: Any exception I can use for a small claim I’m abt to file for an online course w/ a no refund policy I purchased ?

Thank you for your time. I purchased 2 online courses earlier this year. 1 in January for 1257.00 the other in March for 750. I fell sick within 2 weeks and I am still recovering to this day. I have prepared limited medical documents since I don’t have health coverage along with an... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 7, 2021

The best course of action is to file a small claims complaint demanding the return of the paid tuition. If no settlement is agreed to, the matter will be heard by a judge. The judge will determine whether a refund is warranted. The judge’s decision will decide the issue.

4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Oct 31, 2021

Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

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1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: My ex husband refuses to sell marital home and won't sign the papers. What can I do?

We divorced in 2013. House was underwater heading to foreclosure. Judge said my 4 kids and I could remain in home as long as I kept up with all bills. Ex had nothing to gain so he agreed. In those years I managed to gain equity in home and I'm ready to sell. I have already moved out and my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 13, 2021

You may file an action in court called partition. The Court has the power to compel a sale. Speak to an attorney with litigation and real estate experience.

2 Answers | Asked in Civil Litigation and Family Law for New Jersey on
Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer &... Read more »

Richard Diamond
Richard Diamond answered on Sep 30, 2021

Not sure what the outcome of your wife's domestic violence complaint was - but the outcome of that proceeding is critically important to the current status of your divorce matter and the status of your custody proceeding. If nothing else, you need to sit down with a family law specialist to... Read more »

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2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: What can I do if the seller refuses to sign the release of my escrow funds? Am I able to sue for more than my deposit?

I had issues with the house, which the seller advised he will fix. He never signed the addendum but advised he will fix it through email. At walk through days prior to closing, the items requested were not fixed, and he was unable to provide a CO. He requested to close still which I refused and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

You raise a number of difficult, technical issues. Were you represented by an attorney when you executed the contract ? If so, contact her to discuss your problems. If you were unrepresented was this because of yoor broker's recommendation? Immediately contact an attorney to discuss your... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New Jersey on
Q: my friend home is in atlanta,GA can our family stay his home legally for address proof. So that my son can go school
Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

You did not define the word 'stay'. If you mea=n reside full time. Then your son is able to attend school in the municipality in which the home is located. You will need to provide the necessary proofs to the Board of Education of the municipality such as written lease, proof of payment... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 8, 2021

You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by... Read more »

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2 Answers | Asked in Estate Planning, Civil Litigation and Probate for New Jersey on
Q: I lived w a man for 10 yrs & he just died he hasb2 children. He had a small policy just for the funeral in my name.

Do I have rights regarding anything else?

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

Yes, you may have certain rights. The palimony statute has changed in NJ. I would suggest you read it carefully.It is a bit confusing. The best thing to do is seek an attorney with experience to discuss this issue.

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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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1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for New Jersey on
Q: Neighbor filed a municipal complaint about me calling police about loud noise music blasting all hours of the night

Claims my Ring Doorbell camera is pointed directly at her front door. We live directly across the street from each other

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 24, 2021

I would suggest that you contact a good criminal lawyer as it sounds like you may have some defenses to your case. Most of us criminal lawyers offer free in office consultation.

1 Answer | Asked in Civil Litigation, Criminal Law, Estate Planning and Civil Rights for New Jersey on
Q: Can the township impound my travel trailer that is in my brothers yard??

Brother said it’s ok, haven’t gotten any no ice

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 19, 2021

Maybe we would need to know the reason it was impounded to answer the question properly.

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