Lawyers, Answer Questions  & Get Points Log In
New Jersey Questions & Answers
3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Am I entitled to any money for being hit by a drunk driver/watching my driver diein a car accident when I was 15 in 2019

In November 2019, I was 15 (I’m 18 now) and was behind the passengers side of a Lyft driver. Is was around 3am and we got hit by a drunk driver on the highway. I watched my Lyft driver die and that was the last thing I remember. I woke in the hospital with a scraped knee, a broken rib and a... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 29, 2022

Whether you are entitled is only half of the battle. Your statute of limitations is running out quickly. Normally it is 2 years but becuase you were a minor, it was suspended. You need to contact counsel asap.

View More Answers

1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a defective piece of furniture (paid $6,572) from a furniture store, Ship Bottom NJ

I purchased a defective piece of furniture (paid $6,572) from furniture store, Ship Bottom NJ

Purchased 5/31/221, received 10/31/21.

Apx 2/02/22 Store/Manufacturer verbally agreed to replace it completely.

I now want my $ back because same problem subsequently observed on... Read more »

William N. Sosis
William N. Sosis
answered on Jun 27, 2022

Yes, you do. Sellers do have a right to cure any defect but only if their efforts are reasonable and don't amount to tinkering. New Jersey provides several remedies for unfair commercial transactions. These can be found in Article 2 of the Uniform Commercial Code, The Consumer Fraud Act,... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a ticket for Traffic on Marked Lanes- Trucks 39:4-88E . No points? Also officer wrote wrong state for plate#?

I received this ticket on the New Jersey turnpike.

Officer said that particular ticket was no points, is this true? Also officer wrote the wrong state for my plate. He wrote NJ, and it's NY. Can I beat this, because of that error?

Toshinori Isoai
Toshinori Isoai
answered on Jun 27, 2022

39: 4-88E is a 2-point traffic fraction in NJ. If you are a NY driver, it's highly likely that the points won't transfer. However, the lane violation can be considered to be one of the "serious traffic offenses" under VTL when committed by a CDL driver operating a commercial... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I take a possession charge for someone if I wasn't present at the time drugs were found?

Found in my car which my boyfriend was driving at the time of arrest.

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

The answer to this question depends on the specific facts of the case and, perhaps more importantly, prosecutorial discretion.

2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 26, 2022

Being a crime victim is not a reason to be excused for jury duty, but a criminal lawyer may not want you on the case because of it. However, that being said generally you won't be on the only one on the jury that is a victim of the crime. In the last few years more and more people seem to be... Read more »

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

You ought to have the opportunity to tell the judge. If I were defense counsel, I would ask that you be excused for cause.

View More Answers

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 26, 2022

Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.

View More Answers

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 26, 2022

If the item were a gift and delivered to you and is presently in your possession, the item belongs to you. If no delivery of the gift took place, the second controls,

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: In New Jersey, what percentage of unit owners is required to dissolve a condominium HOA?
Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

That will depend on the bylaws of the condominium HOA.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New Jersey on
Q: Can a new jersey public school rescind my job offer as a substitute per diem teacher due to a positive thc drug test?

My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.

1 Answer | Asked in Criminal Law, Business Law and Communications Law for New Jersey on
Q: Can I legally record a phone conversation in the state of NJ or NY without the other person’s knowledge?

I am in NJ and the other participant is either in NJ or NY.

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, NJ is a one person consent state, but I cannot advise you about NY law. Good luck.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 24, 2022

This is aquestion best answered by a CPA.

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: ARE THERE ANY POINTS FOR CONVICTION OF 39:4:88E IN NJ
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 23, 2022

Yes this violation carries two points in nj

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: if someone’s will says you recieve the money through the trust at age 21 but the trust now says 40

the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of

the money

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 23, 2022

Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.

2 Answers | Asked in Child Support for New Jersey on
Q: How long after a hearing for child support before judge schedules decision? Hearing was May 27 and no response

Motion filed pro se. Judge ran out of time because hearing was held at 5. Said we would be on record with decision following week. Am now told that court is booked and they don’t know when judge will get us back on record. It will be a month on Friday and crickets from court

Richard Diamond
Richard Diamond
answered on Jun 23, 2022

I am guessing that the court never began the actual arguments on the record in your matter concerning child support. Like every other profession in the world, things sometimes fall through the cracks, and you need to follow up with the judge's chambers to inquire as to the status of the... Read more »

View More Answers

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Do I still have to pay back a signing bonus if the clause does not specially say I need to?

The clause says “In appreciation of your full time

employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: Hi. I got into a accident I was making a left turn over a traffic median into a parking lot and a car

That was behind me didn't realize I was turning and drove into the median and hit me on my turn is he responsible or we both are because maybe I shouldn't have turned there?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 21, 2022

Unfortunately, it appears, the law would consider you at fault for the accident as from your description it appears you were making a left turn into on coming traffic and therefore you must yield to oncoming traffic. But an attorney would need to see the accident report before making this decision.

View More Answers

6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 21, 2022

No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: What does it mean when I have current balance due of a negative -$7000 in childsupport
Bari Weinberger
Bari Weinberger
answered on Jun 21, 2022

Thank you for your question. You should call the child support and inquire about that negative number, it could mean you have overpaid but, you have to get an answer directly from them.

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.