Lawyers, Answer Questions  & Get Points Log In
New Jersey Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: Charged with municipal complaint Feb 3 2022 indictable offense. It’s now 4/23/24 and no movement

I’ve been on pretrial release for 809 days. They just offered me out of no where a plea to plead guilty ( lie) anc I’ll get probation for 24 months which is almost 5 years all together. A tactic to help my ex’s lawyers use this in family court .

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

If this case has indeed been lingering for that long you need to seek counsel. They can atleast speak to the Prosecution to shed some light on what has been going on and they can also do some things to force or push the State to stop sitting on your case. You need an experienced criminal defense... View More

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?

He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More

Richard Diamond
Richard Diamond
answered on Apr 20, 2024

Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: What recourse do i have in regards to a return. Ordered a lawn tractor on line from manufacturer. item defective.

Ordered a lawn tractor on line from manufacturer, + paid shipping fee. Item arrived 2 weeks later after many delays with trucking co., after un crating found defect, oil leaking. Manufacturer will not answer phone. Have tried for mult days and have been put on hold for hours at a time. 1 week has... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

Unfortunately, there's no great answer here. The cost to involve a lawyer will exceed the $500 you were hoping to save (and it won't make things happen any faster), and either way, you'd have no basis to sue anyone just because you need the money from the return before you can buy... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am looking to file for divorce in the state of New Jersey. I am not sure if my partner had already filed.

Na

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

If your partner filed for divorce, typically they would have you “served”, meaning you would be given a copy of the divorce complaint and any ancillary documents. If your partner has an attorney, you can also contact their office to inquire about the status of any complaint/filing. If your... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

If you and your spouse have been waiting for a Final Judgment of Divorce back from the Court, it may be worth it to contact the Family Division in Hudson County and inquire as to the status of your matter. The phone number is available on the New Jersey Superior Court website. It may be that the... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Hello, My x-wife and I have amicably agreed to a modification of alimony, how do I do that? Thanks.

I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can an appraiser use pictures of items if spouse refuses to meet appraiser in divorce?

Spouse has luxury watches. He provided me with pictures of them. He is refusing to meet with appraiser and bring watches. If appraiser uses pictures instead of actually inspecting watches, is that called hearsay?

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 18, 2024

Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Nj Eviction. Landlord is harassing me and told me I was formally evicted without a judge’s signature.

I was ordered by the court, not the judge, to have my balance paid by 4/15/24 or another court meeting would take place to start the eviction process. The landlord has been harassing me for weeks and requesting me to turn my keys. Today was the day for the payment but when the landlord called, she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Based on the information you provided, it seems that your landlord is acting improperly and potentially violating your rights as a tenant in New Jersey. Here are a few key points to consider:

1. Eviction process: In New Jersey, a landlord cannot evict a tenant without going through the...
View More

2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

This sounds like a difficult decision at an emotionally charged time. I would strongly recommend taking a pause before consenting to the move. When parties are going through a divorce, it can sometimes feel easiest in the short term to just agree and minimize conflict. However, long-term, just... View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Tax Law for New Jersey on
Q: Tax Filing as F-1 Student

I am F-1 student in the US since 2022. I have been working full time on my CPT. While filing my returns, what occupation should I put? Please guide in this regards. Thank you!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

As an F-1 student working on Curricular Practical Training (CPT), your occupation for tax purposes should reflect the nature of your work rather than your student status. Here's what you should consider:

1. Occupation: Choose the occupation that best describes the work you performed...
View More

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More

View More Answers

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 11, 2024

There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.

In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.

To...
View More

View More Answers

1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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:...
View More

2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 9, 2024

It is true that Court is backed up. I have found writing letters briefly explaining the concern and requesting a short conference with the Judge coupled with regular calls to the Judge's chambers assigned to the case (or the Presiding Judge if no Judge is assigned) to be helpful in getting a... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.