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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for New Jersey on
Q: hi i have a questionabout car insurance
Leonard R. Boyer
Leonard R. Boyer answered on Dec 12, 2019

There is no listed question, so please include it.

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2 Answers | Asked in Foreclosure for New Jersey on
Q: I am in NJ and I have an Estate Sale Company. I have a new client who is in forclosure and wants me to sell their poss

-essions including all light fixtures and builtin appliances. Is this legal and can I be sued by the bank for acting as an agent?

Derek John Soltis
Derek John Soltis answered on Dec 12, 2019

The thinking normally goes that until the house is actually foreclosed, the owners own the home. However, that is flawed. When someone strips the home, like you are suggesting, they can get in trouble. Many banks submit an insurance claim to the existing insurance company to cover any damage and... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can my employer lower my compensation plan because I made too much money?

Set an agreed upon lower base with a high compensation plan. Did a great job with sales and now my employer told me he was cutting my compensation plan by 75% because I made too much money. But also congratulations me on performance. Told me no room for negotiation and I had to give my answer... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 12, 2019

This will depend on whether you have a written employment contract stating that you would be paid the agreed-upon amount for a specific amount of time (for example, for the next year). If you don't have this, then unfortunately you do not have a claim under federal law, as the Fair Labor Standards... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is trying to take custody of his child does it count if he gave up his rights via text message? Im in NJ
Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.

1 Answer | Asked in Family Law for New Jersey on
Q: My daughter-in-law said she doesn't like me and won't let me see my granddaughter. What can I do?

I have always had a close bond with my son, but he is bending to his wife's will. She has cut off our entire family from seeing my granddaughter. How can I get to see her? There has been no incident to provoke this...she simply doesn't like me.

Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. I understand how upset you must be about not having the opportunity to take an active role in your son's family.

The short answer is that generally, parents are free to make decisions about the involvement of others in the lives of their minor children. There...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: impounded vehicle

My vehicle was impounded because it was parked in the same spot more than 48 hours in the town of Cliffside Park the impound fees come out to more than what the vehicle is worth towing company will not let me sign over the vehicle and dismiss the fees they say it can sit there for as long as they... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 9, 2019

It sounds about right except for the "judge revoke your license part" unfortunately parking is a way towns make a fortune and so do their friends who own the impound lot.

1 Answer | Asked in Personal Injury for New Jersey on
Q: Someone slipped and fell on property that I rent. They sued me, and they suffered no injuries. Is their case valid?

How much will I have to pay if their case is valid?

How will they show proof of falling.... I did not witness it. They could be lying.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2019

Unfortunately their proof of falling is what they say, they don't need a witness, but it would help their case. Whether they are lying will be up to the judge or jury in the case, How much you will have to pay is determined by the injury they claim. No set fees in any case, BUT generally a... Read more »

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2019

Generally a case like this would be downgraded to municipal court because the proofs against the defendant are weak. Prosecutors know that the conviction rate in Municipal Court is much much higher than in Superior Court especially for theft charges.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My son applied for isp after violated the first time can he still get aproved

He was on isp in past violated and parole turned him down and got in trouble went to lockdown for 8 months

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 7, 2019

Unfortunately we would need to know a lot more about his case before we can give you a certain answer. If it's really important to you I suggest setting up a consultation with a lawyer but his lawyer would know the most

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: What is the difference of being charged in municipal court in NJ vs being charged in Superior Court for $5200?

Theft by deception charge, Middlesex County, NJ. Thx for your answer. However, it is actually being heard in Municpal Court, NOT Superior Court. The charge is for the Amt. Stated. Why is it being heard in Municipal Court?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 7, 2019

A very big difference in Municipal Court you're only subject up to 180 days in jail and up to a thousand-dollar fine. However the amount taken must have been under $200 to be in Municipal Court. Amounts taken over $200 and up to $500 is in Superior Court and subjects the offender to up to 18... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Defense for New Jersey on
Q: Should I have separate insurance policies for my rental LLC’s, or can it be a named insured on my personal policy?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 5, 2019

Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Must a nationwide charity answer questions about a Georgia donor's fundraiser being posed by GA detective w/o a warrant

We feel the detective is on a fishing expedition for personal reasons. Must we respond?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 4, 2019

Best to speak to a lawyer and an in-person consultation to be covered by the Attorney Client Privilege. Especially if you may have done something improper

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: My car was tow for abandonment. It was legally parked register and insured.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 4, 2019

Most towns have a limit on how long you're allowed to keep a vehicle on the street without moving it some as little as a day others can be days or weeks you need to check your town.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: If someone was pulled over for multiple infractions and gave a false name what degree would this be for hampering invest

Igation?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2019

It depends could be a disorderly persons offense or fourth degree crime or something else depending on the facts. We would need to see the Chargers to really give you a certain answer.

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: I drove through a road closed zone what kind of ticket will I get

I drove through a closed road zone on the highway

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2019

It technically could be several tickets from driving on a closed road to careless driving for not noticing the road was closed. If charged get a lawyer most of us offer free in office consultations.

1 Answer | Asked in Criminal Law for New Jersey on
Q: if i have a party at my house with alcohol and my parents are home could they get in trouble even thought they don’t no

if i have a party in my basement and there’s alcohol there but my parents don’t know about it and we end up getting caught by police or another family can my parents be charged with anything even if they didn’t know

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2019

Yes in NJ they could definitely get in criminal trouble and so could you.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My daughter was staying with me and got into an argument with my boyfriend

My daughter had been staying with me and and hot into an argument with my boyfriend she called the police. She left, but after a few months she has had to come back. My boyfriend and landlord has said she's not welcome her and cannot come back since she called the police. Can he do 6

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

If you have a written lease, it can control how many people can live within the unit. If there is no written lease, it is possible that the landlord cannot seek to restrict your daughter. I cannot speak to whether your boyfriend can restrict this as it would not be typical for him to have any... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: my ex wife has a lien on my house. The house got sold at Sheriff's sale. Now she wants her money PLUS interest. Yes/No

In 2010 I signed a consent decree giving my ex a lien on my house in lieu of back alimony I owed her ($ 80,000).

My house was sold at Sheriff's sale last November the proceeds being held by the Superior Court in Trenton. My ex has recently filed a motion for payment of the lien, 80 K, PLUS... Read more »

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

First, if a judgment was entered, there is an applicable rate of New Jersey Judgment interest. This does not typically apply to judgments out of the family court but the facts you present are not clear. As a junior lien holder, she has a right to seek to collect from any surplus funds being held... Read more »

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