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New Jersey Questions & Answers
1 Answer | Asked in Traffic Tickets for New Jersey on
Q: i was just charged two times for court fees in one case with two tickets is that fair
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 2, 2021

No its not fair, but you usually pay court costs on each ticket you are convicted of.

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: My mother died. She was not married. I'm the only child. how do I get access to her bank account/financials?

Mother was a NC resident and died in NC. I am a NJ resident. I was told I need a letter of testimentary in order to gain access to her account. When I started to fill out the application for this letter, one of the questions it asks is the account balance of her bank account. I don't have this... Read more »

Noel Rivers
Noel Rivers answered on Mar 2, 2021

Please be advised that I am not an attorney in North Carolina so I am unable to give you legal advice.

If your mother died in New Jersey I would tell you to contact the surrogate’s court in the county where your mom died and ask for assistance. Some surrogate courts have a website as...
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2 Answers | Asked in Family Law for New Jersey on
Q: What do I need to know about getting a legal name change?
Noel Rivers
Noel Rivers answered on Mar 2, 2021

You can file the appropriate legal documents with the court in the county where you reside. The court may require that you publish certain notice of the proceeding in a newspaper in circulation where you reside. This is done to put the public and any creditor you may have on notice of your intent... Read more »

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1 Answer | Asked in Landlord - Tenant and Identity Theft for New Jersey on
Q: Hello. I receive ssd benefits. I am.60. My disability is mental. New landlord got my social security number(theft?)

My former landlord harrassed me tried to evict me. New owner is harrassing me got my ss number and dl number. Kept harrassing me. Did nit even contact other tenants. Singled me out. Im scared this is identity theft. What do i do?

Morris Leo Greb
Morris Leo Greb answered on Mar 2, 2021

I believe that the first step should be to notify Social Security Administration that the ID number has been breached, Further, advise SSA that you believe the number is being used without your permission, most likely for improper or illegal purposes.

If you believe the information was...
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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I have a major medical malpractice case !!My case is worth over $7 million in damages...Can someone help me here ?
Tim Akpinar
Tim Akpinar answered on Mar 1, 2021

You could reach out to medical malpractice attorneys to discuss. An attorney here can't reach out to you - this is only a question and answer board, not an attorney referral service. You could use the tab above (Find-a-Lawyer) or you could search independently on your own. Most med mal... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for New Jersey on
Q: 2nd Degree Burglary & Criminal Mischief for personal belongings...Please Help!!!

Me, my fiancé and our 2 year old daughter live in Jersey City, NJ. We have lived here for 3 years at the same location and have always paid rent on time until the pandemic. We have a storage unit in the basement that we solely occupy and have occupied since 2018. Only our belongings are down... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 1, 2021

If you cannot afford to hire a private lawyer (these types of cases are expensive) for him I suggest that you have him apply for a public defender as this is a very serious charge where he could do up to 10 year in jail. (not likely to get maximum but you never know) The good news is if he has a... Read more »

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

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

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

4 Answers | Asked in Personal Injury for New Jersey on
Q: What can I do?

Car accident a year ago involving 3 cars. 1st car stopped because of debris on street. 2nd car hit her. Then 2nd car got hit by me. I only had to pay 2nd car for damages. Now over a year later the 2nd car is personally suing me. She is suing cause her husband I depressed. She never even mentions it... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 27, 2021

More information is needed to properly answer your question, but in general when you get sued you should: Give the law suit to you insurance agent/company they should cover you for the accident if you were insured. If not you will need to hire your own lawyer to defend the case.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: One question is How do you think Mandatory Minimums eliminate personal bias from all parties?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 26, 2021

Sounds like a Law school or College question. If so, I would suggest that you look up the many reports that have been written on mandatory minimum sentencing.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I'm trying to make a Dishonored check payment online no one answering phone suspended license after today help
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 25, 2021

You can look for an email address on the courts webpage that many have online on the township website.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Who will receive notice of receipt from USICS. lawyer or applicant? Filed late Dec. 2020.

My husband used a document preparation service and or lawyer to file his AOS. We filed late December 2020. Still no receipt, and cant get in touch with “lawyer” and or document preparer. I say lawyer and or document preparer because my husband says he’s a lawyer but I don’t think he is and... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

The delay may not be an issue. This is due to challenges resulting from the last U.S.C.I.S. Administration. You should be notified, but usually the applicants are notified if their address appears on the forms as the mailing address.

A document preparer is 'not' a U.S....
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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My father died 2018 , he was in ICU for pneumonia, they fetanyaled my father unconscious. No doctor on the floor untrai

Untrained nurse who did not know how to work the machine my father was hooked up too. And no doctor working that floor on Sunday and my father's heart stopped so they say. They had a meeting after he passed probably to figure out what to say . My mom didn't want to pursue she was too hurt... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

As you know the statute of limitations for wrongful death is two years. Chances are she won't get the medical records in time. Without looking at the medical records, it is unlikely an attorney will take the case, However for your own knowledge I suggest you call an attorney who handles such... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony

He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month

Richard Diamond
Richard Diamond answered on Feb 24, 2021

The family part judge is not going to criminally charge your ex with a felony for nonpayment of support but a family part judge does have a host of other tools available to him to address your ex's noncompliance with his support obligation and arrearage obligation. My suggestion is that you... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Hello, Are employers allowed to take vacation hours due to calling out for inclement weather?

I reside in Northern Jersey and I know employment laws vary by state. Additionally, the store closed down at 1 PM anyways which was my original start time. I lost vacation hours for hours I could not work due to the store being closed early and for calling out due to inclement weather (snow storm).... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 24, 2021

Since there is no law that requires employers to offer vacation time or other paid time off, employers can use employees' vacation time to provide pay during days the employee calls off or during days the building cannot open.

2 Answers | Asked in Divorce for New Jersey on
Q: Is it a bad idea to switch to another lawyer after divorce to file a QDRO? How is that done or can you do it on your own
Leonard R. Boyer
Leonard R. Boyer answered on Feb 23, 2021

Most attorneys will not draft a QDRO, but rather will retain an experienced expert to prepare it. Whether or not you should change attorneys, is a personal decision. But at this point, a new attorney may be reluctant to take the case. You should try to work things out with your current attorney.... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is the NJ TASC drug program still available? How should one apply ?

What’s the steps to go about applying ? Also do you need a lawyer? Are there other options?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 23, 2021

Its generally it is a part of drug court as it is the evaluation part. That being said if you want to get drug court that means you have been charged with a crime and thus yes you need a lawyer to make sure you get the best result.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My uncle gave his parents money to buy a house. They passed away my mother lived in it until she passed away 12/2018.

My uncle want to become the sole owner of house. He has two other brothers who are not interested in the property.

The house is located in Vega Alta, Puerto Rico.

What steps do he have to take in order to put the house in his name?

Please help, everyone I ask say I need a... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 22, 2021

As the property in question is located in Puerto Rico, the answers to any questions concerning the property will be decided in accordance with the laws of Puerto Rico and not in accordance with NJ law. If the question is whether the giving of money was a valid gift and related questions a NJ... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Will a violation of 39:4-97.3 result in a point on my license?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 22, 2021

The Answer is it depends on what you consider points you can get both insurance eligibility points and points on your drivers license both are different. As for the motor vehicle points you only get points for a third offense of this statute.

3 Answers | Asked in Personal Injury for New Jersey on
Q: I just slip and fell from my apartment building entrance,IM in so much pain now I’m in emergency
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 18, 2021

Get Well and out of the hospital and speak with a good personal injury lawyer most of us lawyers offer a free in office consultation.

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