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New Jersey Contracts Questions & Answers
2 Answers | Asked in Contracts for New Jersey on
Q: I have an EIN number as a is a sole proprietory And DBA for my business with EO insurance. Should I change to a LLC?

With the EO insurance can someone still come after my personal asset that are attached with my spouse? The business services as a General Notary and Notary Signing Agent.

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2022

My advise is that you speak to a CPA to discuss the tax implications. Thereafter once a decision is reached an attorney can be retained to prepare the appropriate documents for filing.

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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: When a trustee election has 2 different terms should the ballot show candidate and term sought?
Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Yes, the office and term should be indicated on the ballot.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is the board appointment of a HOA trustee to fill a vacancy a binding vote ? Open meeting required vote?

Our board says it's not a binding vote but a affirmation that he is now a trustee and done in a closed executive meeting

Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Each HOA operates under its own set of rules. You need to review the organic documents of the HOA to determine the answer to your question.

1 Answer | Asked in Contracts for New Jersey on
Q: I am searching for a lawyer to help cancel a time share contract in Vermont.

Contract purchased on 11/30/2021 at Smuggs for Whydam.

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

Contact an attorney in Vermont for best results.

2 Answers | Asked in Contracts for New Jersey on
Q: I am still owed $16,248 from a company for which I trade as a contractor. Fastest/Best way to sue for my money?

I trade futures as a contractor for a company. We have a contract in place. They owe me $16,248. They've paid me in the past, but suddenly everything is delayed and unresponsive, and I can never get a straight answer from these people. What is the fastest/best way to sue them for my funds... Read more »

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

Waive the amount over $15000.0 and file suit in Special Civil Part if you wish to sue for the full amount, you file in Superior Court. It will take years for a final resolution. In Special Civil Court, the matter will usually be heard in less than six months. Although Covid may cause a slight delay.

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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 Contracts for New Jersey on
Q: Approximately how long does it take to get a docket number for a civil case over $30K?

Thank you so much for you time? The case is Pro Se against my mortgage servicer- I filed electronically in Essex County NJ Civil

Wondering too what is best way to deliver the defendant’s paperwork - priority mail, FEDEX or service processor. My apologies - I hope the 2nd question is... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 16, 2021

Trying to represent yourself in a mortgage foreclosure defense case against trained mortgage foreclosure attorneys is not going to work out well. You need to really retain an experienced mortgage foreclosure defense and bankruptcy attorney. Failure to do so is a virtual guarantee of losing your... Read more »

2 Answers | Asked in Contracts for New Jersey on
Q: Can we get our deposit back from a contractor who has not started project when promised?

We entered into a large contract for a backyard renovation over a year ago. A start and end date estimate were included in the contract but we are many months beyond those, with no physical work having been started. We know he obtained a survey and hired an architect shortly after the contract... Read more »

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

Yes. Also, fact dependent, you may be able to recover treble damages and legal fees. Speak to an attorney who is familiar with consumer fraud matters.

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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.

1 Answer | Asked in Contracts for New Jersey on
Q: I agreed to have a neighbor use my parking space. Can I write up a contract asking for rent on this space?

We never discussed a fee. the agreement was December to February.. I was going to present him with a contract before December but I found him parking in my space yesterday. Can I charge him rent for my parking space?

Morris Leo Greb
Morris Leo Greb answered on Oct 26, 2021

You may charge a rental fee commencing on the date the lease agreement is signed. If you discussed a fee to be charged, you may be able to charge a fee based on an oral agreement. If he refuses and continues to park there, you may file a complaint for trespass.

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
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 Contracts and Construction Law for New Jersey on
Q: Can I get my money back if the contractor didn't finish the job and caused more problems than the original situation?

Because of his negligence, the job has to be redone

Morris Leo Greb
Morris Leo Greb answered on Sep 28, 2021

Yes, it is possible to receive your money back and even be awarded treble (ie 3x the amount of damage sustained) damages and attorney's fees. NJ has very strict rules governing home improvement contracts. The best advise is to seek legal advise from someone familiar with home improvement litigation.

4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Bari Weinberger
Bari Weinberger answered on Sep 23, 2021

Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an... Read more »

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1 Answer | Asked in Contracts for New Jersey on
Q: If I purchased a car and it has me and my fiance name on it and if we separate he have it in his possession what do I do

How can I go about removing my name

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

If the car is registered in PA, then you must consult a PA attorney. New Jersey law only controls the contract, nothing else. Hopefully you were the primary borrower. It is also going to matter how the registration reads. Good luck.

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 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 »

1 Answer | Asked in Contracts and Tax Law for New Jersey on
Q: How to source a contract termination payout signed in state 1 but terminated after biz relocated to state 2?

I run a single-person LLC consulting business. My business had a substantial contract recently terminated. I signed the contract in 2020 while working in NJ, and it had a "soft lock" where the customer could break the contract in exchange for material penalty payment.

I moved to... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 21, 2021

No matter where the payment is received, it needs to be reported on your Federal Income Tax return. The implications for State or Commonwealth tax reporting is best answered by an accountant.

1 Answer | Asked in Contracts for New Jersey on
Q: Contract for an "as is" car sale. Dealership charged me less, contract signed, now they want more money.

I put a deposit down for 300 on the car and was told it was 5,500. I signed a receipt that had the totals written down for my deposit.

The following day I showed up to get the paperwork done. They accidentally wrote the contract out for 3,500 instead. I paid in full, both parties signed,... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2021

By the way you have written it many judges would find that you owe the additional $2K since it was a mistake that you were aware of and failed to discuss it with the dealer. But again we are lawyers and we can only guestimate what a judge will do the decision is always up to the judge.

1 Answer | Asked in Contracts for New Jersey on
Q: Can force majeure be invoked if there is no longer a state of emergency?

I signed a contract for a hotel for my wedding block last June 2020 (height of the pandemic).Wedding is Oct. 2021. The contract that I signed states that with 20 rooms booked, I will get a free shuttle service and if the rooms aren't booked then I can upgrade or receive a discount for one of... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 1, 2021

Yes, I believe you are on very strong grounds for several reasons. Although noted stated in you query, I am basing my response on the assumption that the agreements executed were prepared by the facility. Therefore, if there is a question of interpretation, the court will decide against the drafter... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Can bodyshop change terms of payment after work has begun then threaten to not release the vehicle into my possession?

May 20th 2021 I recieved, signed and sent back an authorization to repair form that the bodyshop had sent me. This document listed acceptable payment methods one of which was any "major credit card". Relationahip between bodyshop and I has gone down hill since then and around June 3rd... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 19, 2021

I would file suit in New Jersey against the BMW dealer under the Consumer Fraud Act and obtain jurisdiction over the body shop in the New Jersey case, using the long-arm statute and the entire controversy doctrine. However, this type of case can only be taken on a retainer and hourly basis. The New... Read more »

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