New Jersey Business Law Questions & Answers
Q: Are law enforcement jobs aloud to open records that have been expunged. The charge was muncipal loitering non drug.
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Criminal Law
for
New Jersey
on
Answered on Oct 5, 2017
Answered on Oct 5, 2017
H. Scott Aalsberg Esq.'s answer
Yes many government jobs including law enforcement, the military and even some civil jobs can still see an expunged record such as government contractors that deal with sensitive issues. Your original charges and convictions can also still be seen on the internet, thus expungments are not the be all and end all they once were.
Yes many government jobs including law enforcement, the military and even some civil jobs can still see an expunged record such as government contractors that deal with sensitive issues. Your original charges and convictions can also still be seen on the internet, thus expungments are not the be all and end all they once were.
Q: So with some consultation beforehand and coming to court with me for this one lawsuit would cost me about $2500?
Paul J. Riviere's answer
Your question is unanswerable in its current form. Unless your are getting quoted a flat fee for representation in the lawsuit it is impossible to say that it will cost $2500.00. What are you getting sued for? Are experts going to be required? How many parties are involved? Is it in federal court or state court? These are some of the factors that will determine how much this lawsuit will end up costing you.
Your question is unanswerable in its current form. Unless your are getting quoted a flat fee for representation in the lawsuit it is impossible to say that it will cost $2500.00. What are you getting sued for? Are experts going to be required? How many parties are involved? Is it in federal court or state court? These are some of the factors that will determine how much this lawsuit will end up costing you.
Q: Is there any way of getting a lawyer for business bankruptcy pro bono?
Stuart Nachbar's answer
It really depends on what the matter is and how much time it will take. You could have lawyer fees for simple matters, being 2500, and from there it goes up. Can't say I have ever heard of Pro Bono for a Business
It really depends on what the matter is and how much time it will take. You could have lawyer fees for simple matters, being 2500, and from there it goes up. Can't say I have ever heard of Pro Bono for a Business
Q: If my boyfriend decided to record our conversations that took place in our bedroom, is it
1 Answer
| Asked
in
Criminal Law, Business Law, Civil Rights and Internet Law
for
New Jersey
on
Answered on Sep 24, 2017
Answered on Sep 24, 2017
H. Scott Aalsberg Esq.'s answer
If your boyfriend was a part of the conversation he is allowed to record it, as for the rest of our question I will leave that for other counsel to answer.
If your boyfriend was a part of the conversation he is allowed to record it, as for the rest of our question I will leave that for other counsel to answer.
Q: How much (average) will a lawyer cost me in nj (see more below)?
Michael David Siegel's answer
No one could answer these issues online. The issue is whether the business is worth saving, how much you have personal liability for, and how much is involved.
No one could answer these issues online. The issue is whether the business is worth saving, how much you have personal liability for, and how much is involved.
Q: Client refuses to pay me, emails solidifying work agreement & project scope, payment terms for a 3-month contract.
Leonard R. Boyer's answer
You need to retain counsel to handle this matter. Do not say anything to this person and print out and bring everything to an attorney, who can advise you. No contract should be drafted by anyone other than a licensed attorney. The money you spend having an attorney draft a contract will save you many times the cost if there is a problem. Good luck.
You need to retain counsel to handle this matter. Do not say anything to this person and print out and bring everything to an attorney, who can advise you. No contract should be drafted by anyone other than a licensed attorney. The money you spend having an attorney draft a contract will save you many times the cost if there is a problem. Good luck.
Q: I opened a business with a silent partner. All paper work is in my name. He bought acouple of the equipment we use.
H. Scott Aalsberg Esq.'s answer
Maybe it would depend on the terms of your operation agreement which I hope you have.
Maybe it would depend on the terms of your operation agreement which I hope you have.
Q: Me and my wife are the only shareholders of C Corporation. Can We issue 1099 misc to us from our company.
Paul J. Riviere's answer
You can issue 1099's to yourself and your spouse for distributions from the company.
You can issue 1099's to yourself and your spouse for distributions from the company.
Q: PA subcontractor setting modular homes in NJ? Need contract with contractor?
1 Answer
| Asked
in
Contracts, Business Law and Real Estate Law
for
New Jersey
on
Answered on Aug 17, 2017
Answered on Aug 17, 2017
H. Scott Aalsberg Esq.'s answer
You need to meet with a lawyer and have the lawyer review the laws with you and of course a lawyer will charge you for this. Not only do you have to worry about state laws but also local township ordinances on what you are allowed and not allowed to do.
You need to meet with a lawyer and have the lawyer review the laws with you and of course a lawyer will charge you for this. Not only do you have to worry about state laws but also local township ordinances on what you are allowed and not allowed to do.
Q: what is the compensatory damages for contractor when a product is defective
1 Answer
| Asked
in
Products Liability, Business Law and Construction Law
for
New Jersey
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.
You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.
You can go to small claims court, possibly.
Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.
You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.
You can go to small claims court, possibly.
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?
2 Answers
| 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: 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: What does it take not to be called a bank?
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Consumer Law
for
New Jersey
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Q: How long can a company get to avoid been called a bank legally?
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Legal Malpractice
for
New Jersey
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Paul J. Riviere's answer
Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You are also limited in the names you are allowed to use under state guidelines.
Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You are also limited in the names you are allowed to use under state guidelines.
Q: Do I have to continue answering new inquires and singing new clients if LLC may get dissolve soon?
H. Scott Aalsberg Esq.'s answer
The answer is maybe and could be in your operating agreement for the LLC which I lawyer would need to review. I suggest you hire a lawyer for the dissolution and ask that lawyer what you should do otherwise you do risk a law suit.
The answer is maybe and could be in your operating agreement for the LLC which I lawyer would need to review. I suggest you hire a lawyer for the dissolution and ask that lawyer what you should do otherwise you do risk a law suit.
Q: Buying assents when LLC is dissolving and violation of fiduciary duties?
Paul J. Riviere's answer
The answer is that with an LLC when both people are Managing Members they both have a fiduciary duty to do what's in the best interests of the Company. The failure to do is actionable in New Jersey.
The answer is that with an LLC when both people are Managing Members they both have a fiduciary duty to do what's in the best interests of the Company. The failure to do is actionable in New Jersey.
Q: How to exit LLC partnership when partner doesn't want to?
Paul J. Riviere's answer
Usually you refer to the mechanism set forth in your operating agreement that governs the resignation of a member from the entity. In a case such as this you have to refer to the governing statute in NJ which is the NJ Revised Uniform Limited Liability Company Act. Moreover, you most likely need a savvy business lawyer to assist in this process.
Usually you refer to the mechanism set forth in your operating agreement that governs the resignation of a member from the entity. In a case such as this you have to refer to the governing statute in NJ which is the NJ Revised Uniform Limited Liability Company Act. Moreover, you most likely need a savvy business lawyer to assist in this process.
Q: I am sub s corp. I took a loan with a New Jersey company for 80 k. In NovemberI have paid 22,000 and stopped paying
H. Scott Aalsberg Esq.'s answer
Much more information would be needed in order to access your situation. Usury laws look at interest, but when you stop paying a loan your also responsible for attorney fees and other costs etc. Bankruptcy may also be an option for you if you can't pay the loan. I suggest you setup an appointment with a lawyer to review your loan information. Of course a lawyer will charge you a consultation fee to review the information, but it would probably be worth the money and your probably talking...
Much more information would be needed in order to access your situation. Usury laws look at interest, but when you stop paying a loan your also responsible for attorney fees and other costs etc. Bankruptcy may also be an option for you if you can't pay the loan. I suggest you setup an appointment with a lawyer to review your loan information. Of course a lawyer will charge you a consultation fee to review the information, but it would probably be worth the money and your probably talking...
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.
