New Jersey Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
New Jersey Questions & Answers
Q: assoc filed lien against my property 2547.00 of which 1240.00 for assoc. and 70.00 late fees & 700 fine468 legal
1 Answer
| Asked
in
Foreclosure, Collections and Real Estate Law
for
New Jersey
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Derek John Soltis' answer
What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.
What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.
Q: If I have been sued and die does the lawsuit continue to pursue my estate?
H. Scott Aalsberg Esq.'s answer
Unfortunately, Yes the people who are suing you will go after your estate, just because your dead does not mean that you did not die with assets.
Unfortunately, Yes the people who are suing you will go after your estate, just because your dead does not mean that you did not die with assets.
Q: can u be videotaped caught cheating W/O knowing and get posted on facebook? NJ
1 Answer
| Asked
in
Criminal Law, Civil Rights and Internet Law
for
New Jersey
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
H. Scott Aalsberg Esq.'s answer
The answer depends on where you were the video was taken and even then it is not a simple answer.
The answer depends on where you were the video was taken and even then it is not a simple answer.
Q: Do you need a permit to build a deck and take down a wall? Sellers claim no. And they claim the wall isn't load bearing
2 Answers
| Asked
in
Real Estate Law and Construction Law
for
New Jersey
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Vincent Gallo's answer
Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.
Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.
Q: I need to remove a judgment lien on my car that was settled through bankruptcy. What statute should I use in my motion?
Michael David Siegel's answer
You actually need to file a motion in the bankruptcy court that the lien impairs the exemption. As your case is closed you need to reopen the case. This could cost $1500, plus filing fees. The lien survives bankruptcy if it is on your car title.
You actually need to file a motion in the bankruptcy court that the lien impairs the exemption. As your case is closed you need to reopen the case. This could cost $1500, plus filing fees. The lien survives bankruptcy if it is on your car title.
Q: How do I get this will and the executor investigated
Jennifer Isaksen's answer
You will need to contact an attorney in the jurisdiction where the probate is pending. Your residence does not allow a Florida lawyer to advise you. Best of Luck! Jennifer
You will need to contact an attorney in the jurisdiction where the probate is pending. Your residence does not allow a Florida lawyer to advise you. Best of Luck! Jennifer
Q: What if the the accuser lied about the incident and the state picked up the case How do I prove my innocence?
H. Scott Aalsberg Esq.'s answer
Your best defense is to get the best lawyer you can find. In general the better the lawyer you hire the better the result you will get but remember everything in law is fact dependent.
Your best defense is to get the best lawyer you can find. In general the better the lawyer you hire the better the result you will get but remember everything in law is fact dependent.
Q: My son was injured in a car accident
David Alan Wolf's answer
New Jersey has a Dram Shop law in place as follows:
New Jersey's Dram Shop Law
Section 2A:22A-4 of the New Jersey Revised Statutes says that any person who has been injured by an intoxicated individual may seek damages from a vendor who served the alcohol if:
the intoxicated individual was "visibly intoxicated" when served, or
the vendor knew or reasonably should have known the person being served was a minor under age 21.
Dram Shop cases are extremely...
New Jersey has a Dram Shop law in place as follows:
New Jersey's Dram Shop Law
Section 2A:22A-4 of the New Jersey Revised Statutes says that any person who has been injured by an intoxicated individual may seek damages from a vendor who served the alcohol if:
the intoxicated individual was "visibly intoxicated" when served, or
the vendor knew or reasonably should have known the person being served was a minor under age 21.
Dram Shop cases are extremely...
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?
1 Answer
| Asked
in
Business Law, Copyright and Intellectual Property
for
New Jersey
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Glenn B. Manishin's answer
If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would not be lawful. (Lyrics are covered by copyright, and the same considerations apply.)
If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would not be lawful. (Lyrics are covered by copyright, and the same considerations apply.)
Q: is it legal to put hidden camera in store main area in nj without business owner permision ?
1 Answer
| Asked
in
Consumer Law, Copyright, Personal Injury and Workers' Compensation
for
New Jersey
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Q: Do I need the Advisory Opinion for my J-1 visa?
Matthew J Hartnett's answer
Nope. If it is that clear, you should be fine. If you are still worried, consider a consultation with an immigration attorney in your state.
Nope. If it is that clear, you should be fine. If you are still worried, consider a consultation with an immigration attorney in your state.
Q: I was married 1992 and lived in Pa. Left my ex and 4 kids n 2003.Moved to NJ 5 years ago. By Pa law I made my final
Michael A. Conte's answer
No. If the initial order was entered in PA, then PA law applies to the end date of the child support obligation. Also, there does not appear to be any basis for you to have an alimony obligation impressed on you now, after you did not pay alimony for 14 years. That said, you should probably bring any prior orders/agreements to an attorney specializing in Family Law to make sure you are not exposed to something unanticipated.
No. If the initial order was entered in PA, then PA law applies to the end date of the child support obligation. Also, there does not appear to be any basis for you to have an alimony obligation impressed on you now, after you did not pay alimony for 14 years. That said, you should probably bring any prior orders/agreements to an attorney specializing in Family Law to make sure you are not exposed to something unanticipated.
Q: How can i ask the plantiff get a no contact order dropped so that my fiance the defendant be able to come back home
H. Scott Aalsberg Esq.'s answer
If you are the subject of the no contact order it would be a violation of the order for you to ask. In general it is up to the victim to do this on their own accord.
If you are the subject of the no contact order it would be a violation of the order for you to ask. In general it is up to the victim to do this on their own accord.
Q: What is the minimum fine for criminal mischief as a disorderly persons offense in nj
H. Scott Aalsberg Esq.'s answer
For a criminal mischief charge in general the max is a thousand and the judge can can find anything under that and even wave the fine. The problem you may run into is that although the judge can wave the fine there are certain costs that are also associated with a criminal offense that cannot be waived.
For a criminal mischief charge in general the max is a thousand and the judge can can find anything under that and even wave the fine. The problem you may run into is that although the judge can wave the fine there are certain costs that are also associated with a criminal offense that cannot be waived.
Q: not sure which lawyer to choose/subject. my business is being sued for non payment of a business loan & large cc debt
3 Answers
| Asked
in
Business Law, Civil Litigation, Bankruptcy and Collections
for
New Jersey
on
Answered on Jul 18, 2017
Answered on Jul 18, 2017
Leonard R. Boyer's answer
You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.
You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.
Q: Can a NJ child support hearing set a monthly CS amount based on an income one no longer makes?
Leonard R. Boyer's answer
It can happen under certain circumstances. Income can always be imputed to someone. Either parent may file a motion with the court to increase or reduce child support payments. The parent bringing the motion must be able to prove to the court that he or she has experienced changed circumstances (NJSA 2A:34-23, NJSA 5:6A). If the court determines the circumstances warrant a modification to support obligations, the New Jersey Child Support Guidelines will be used to calculate the new payment. A...
It can happen under certain circumstances. Income can always be imputed to someone. Either parent may file a motion with the court to increase or reduce child support payments. The parent bringing the motion must be able to prove to the court that he or she has experienced changed circumstances (NJSA 2A:34-23, NJSA 5:6A). If the court determines the circumstances warrant a modification to support obligations, the New Jersey Child Support Guidelines will be used to calculate the new payment. A...
Q: Already pay child support. Divorce settlement asks for more child support. Can I use the order that is in place already?
Leonard R. Boyer's answer
No, the Order can be modified based on changed circumstances, it is now 2 years later. The cost of everything has gone up.
No, the Order can be modified based on changed circumstances, it is now 2 years later. The cost of everything has gone up.
Q: Is it legal to do real estate wholesale in new jersey?
Leonard R. Boyer's answer
Although it is legal, you should have an attorney involved in every part of each and every transaction, including but not limited to setting up the right corporate structures.
Although it is legal, you should have an attorney involved in every part of each and every transaction, including but not limited to setting up the right corporate structures.
Q: If I park an inch over a driveway yellow line without blocking the owners drive way can I get a ticket
H. Scott Aalsberg Esq.'s answer
Yes you can get a ticket just like you can get a ticket if you go an inch over the stop line at a stop sign the question is will the cop be nice and give it to you or not
Yes you can get a ticket just like you can get a ticket if you go an inch over the stop line at a stop sign the question is will the cop be nice and give it to you or not
Q: How can I prove that someone filed a false police report with false accusations that resulted in a TRO
H. Scott Aalsberg Esq.'s answer
Everything would depend on the facts of the case your question is too broad for anyone to answer the person would need to know what the allegations are. I suggest you hire a good domestic violence lawyer to make sure that your Tro does not become an f r o.
Everything would depend on the facts of the case your question is too broad for anyone to answer the person would need to know what the allegations are. I suggest you hire a good domestic violence lawyer to make sure that your Tro does not become an f r o.
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.
