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New Jersey Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... Read more »

Melissa Totaro
Melissa Totaro answered on Aug 10, 2020

Based on the information in your question it appears clear that the venue is unwilling to refund your money voluntarily. You should contact an attorney that practices consumer law and provide them with your contract and the facts of your situation. If there is a strong case that the venue is... Read more »

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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Q: Why is it illegal to file eviction in NJ without an attorney if you’re an LLC?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 16, 2020

Because the Statutes require all forms of corporate entities to be represented by attorneys in all legal matters.

1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: If I gave my partner a gift letter for 35,000.00 and I'm on the deed, what happens when we sell the house?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 25, 2020

An attorney would need to review the letter to properly answer your question.

1 Answer | Asked in Civil Litigation and Estate Planning for New Jersey on
Q: My Aunt passed in NJ, no husband or kids. Her 2008 will left me out but included some family names. what can i do?

She excluded my 2 brothers and 2 cousins also. 2 sisters, 2 other cousins, 1 niece and a neighbor were named, as well as her brother ( my uncle). 40% to uncle and 10% to the other six. Her will was executed in Hackensack, New Jersey. what recourse if any do I have to contest the will that I was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 16, 2020

In NJ a person can leave their estate to anyone they want. The only person they must give something to is their spouse as they are entitled in most cases to an elective share. That being said we don't know your case so speak to a lawyer to see what if any rights you may have.

3 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for New Jersey on
Q: Can a co-signer restart the statue of limitations for the borrower on an old debt by entering into a repayment agreement
Karra Kingston
Karra Kingston answered on Apr 14, 2020

Generally, a cosigner can revive the statute of limitations on an old debt by making a payment or by agreeing to begin making payments (depending on state law).

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: I lost a bill from an auto lender that is vital to my court case. Is there a way of getting them to send another?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2020

You really need to retain an experienced civil litigation attorney to represent you, otherwise you will be at an extreme disadvantage. If it was your insurance company, then contact them and request it.

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Litigation and Health Care Law for New Jersey on
Q: Do you handle medical malpractice cases
Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

This isn't a law firm. It's a question and answer board. But you can find New Jersey lawyers who handle med mal cases. See the Find-a-Lawyer tab. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, DUI / DWI and Traffic Tickets for New Jersey on
Q: I was driving 40 miles an hour limit is 45 I got pulled over he gave me a tic
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 30, 2019

It is possible to get a ticket for going under the speed limit. Speak to a lawyer.

2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for New Jersey on
Q: I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive

I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive... had an accident... the injured party is suing...my name is listed...as a potential defendant because the vehicle was registered to me...I have about 30 days to respond.

Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

Call your insurance company and let them know you are being sued. They will most likely assign you counsel. If the vehicle was uninsured you will have to get counsel on your own and to defend against the lawsuit.

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1 Answer | Asked in Civil Litigation and Civil Rights for New Jersey on
Q: I have outstanding business loan and creditor notified that they have filed UCC-1.

I will be filing for dissolution of my company this week. Do they have access to our business bank account? i'm planning to close the bank account in 2 weeks.

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

This is exactly the same question you asked on another legal website. The answer is the same, you need to retain an experienced bankruptcy attorney and file a Chapter 7 Business Bankruptcy to solve your problem, unless you personally guaranteed this or any other debt.

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... 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... 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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