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New Jersey Business Law Questions & Answers
1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: 53 FT Dry Van Trailer Leasing Company Threatning Me

I have 53 ft semi dry van trailer i already paid more than $42k including down payment on this trailer because of business down fall i can't keep up with payments any more because of too high payment which is $1650 per month as per signed lease now leasing company is sending me threatning text... View More

Leonard R. Boyer
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answered on Jul 17, 2023

Clearly, this leasing company is in violation of the Federal Fair Debt Collection Practices Act and is engaging in harassment tactics. Personally, I would file a lawsuit against them and seek damages plus attempt to get a restraining order against them. Then I would have the leverage to negotiate a... View More

1 Answer | Asked in Business Law for New Jersey on
Q: Is preventing merchandise from leaving a store without proof of purchase against the law?

Situation employee asks for receipt, customer refuses to show them, is it illegal for employee to prevent (grab the cart) only the merchandise not the customer from leaving the store. To me it makes no sense that an establishment can have 100 people come in fill their carts and head towards the... View More

T. Augustus Claus
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answered on Jul 13, 2023

Stores have the right to protect their merchandise and prevent theft. However, the specific actions that employees can take may be subject to certain limitations and regulations.

Also, preventing only the merchandise from leaving without detaining the customer themselves may not be...
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1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: I'm looking to formulate a sports business holdings company. Should I just open up in NJ or is it a benefit in Delaware?
Morris Leo Greb
Morris Leo Greb
answered on Jun 22, 2023

First speak to your accountant as to the organic tax implications, the retain the services of a mukti state law firm who can best address these issues.

2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
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answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for New Jersey on
Q: Is it possible to sue former employer for lost wages after he refuses to complete paperwork to get my plumbing license?

He paid for my school and agreed verbally to sponsor me to get my plumbing license. Seven years later he’s refusing to fill out the apprenticeship certification for me. Is it possible to sue for lost wages for what I would have been making as a licensed master plumber?

Leonard R. Boyer
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answered on May 25, 2023

There is an insufficient factual basis to answer your question. Without knowing the reasons why he will not fill out the apprenticeship certification it is impossible to answer your question. You are probably going to require a consultation with an experienced attorney to determine what options you... View More

1 Answer | Asked in Contracts, Family Law, Business Law and Civil Rights for New Jersey on
Q: Hello I live in New Jersey and my fiancée decided we should cancel our wedding venue as the wedding was set for 10/21/23

We cancelled while still health emergency on 12/31/22 but venue states they will Sue us if not able to rebook and they of course kept our 5000 deposit. What should I expect or am I able to get out of this? I also do not have a copy of any signed contract only deposit copy and an email from venue

Morris Leo Greb
Morris Leo Greb
answered on May 1, 2023

The best option is to retain an attorney experienced in contract law.

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: I'm not a lawyer I want to do a contract with an licensed New Jersey attorney to provide services to other, is it legal

Own a LLC in New Jersey that provides legal services, I am not an attorney so I want to contract out to a licenses New Jersey Attorney, but I am trying to figure if that is legal in this state.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 4, 2023

A noted US entrepreneur once said that the secret to getting rich is to "find a need and fill it".

All lawyers want and seek more business, so you've found a need.

Fill it? In every bankruptcy case, the attorney for the debtor must sign and file a statement that he...
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Jersey on
Q: If my dogs name is Tater, can I bake a chicken and cheese treat named Tater’s Tots?
Leonard R. Boyer
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answered on Mar 25, 2023

NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: How to keep everything legal with starting a YouTube channel

Me and three friends want to start a YouTube channel and I have quite a bit of success on social media on my own so if this channel takes off and goes well all four of us want ownership. I basically don’t want one party to takeoff with the channel and leave us all behind how do I make a contract... View More

Leonard R. Boyer
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answered on Mar 20, 2023

In order to accomplish what you are seeking, my firm provides all the services that you need. We set up the correct corporate entities that will protect your business from legal problems and contracts. In order to protect your business from being "stolen" from you, your intellectual... View More

2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Non Disclosure Agreements The accountant of 2 individuals interested in buying my business requested my financials.

Do I ask the accountant to sign the NDA also or just the potential buyers?

Thank you.

Jacob Rheaume
Jacob Rheaume
answered on Mar 9, 2023

First off, congratulations on the interest in your business.

It will depend on how the NDA is drafted. Typically, an NDA will contain language such as:

"The Receiving Party, including its agents, employees, representatives, members (collectively, the "Receiving...
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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for New Jersey on
Q: What documents need to be signed when adding a new Shareholder into a S corporation in New Jersey?

For Example, Currently:

Shareholder 1 owns 51% - President

Shareholder 2 owners 49% - Vice President

The New breakdown will be

Shareholder 1 owns 51% - President

Shareholder 2 owns 24.5% - Vice President

Shareholder 3 owns - 24.5% - Treasurer... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 20, 2023

The corporate record book should be updated and kept current showing shareholders' interest, number of share held, transfer information, purchases, and dates of such activity.

3 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will govern and... View More

Leonard R. Boyer
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answered on Jan 22, 2023

This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... View More

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will governed and... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 20, 2023

The question as posed omits much important information. This includes whether or not there was a written agreement, whether or not one party is a licensed professional, whether or not the agreement was negotiated in NJ, and other issues that may become relevant.

2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Can a client tell you not to do work after he signed a contract?
Morris Leo Greb
Morris Leo Greb
answered on Jan 11, 2023

Yes, provided there is no noncancellation clause in the contract. However, the client will be responsible to pay for work done to date you received the cancellation notice which should be in writing . Additionally the client shall be responsible for reimbursement for actual expenses incurred.

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1 Answer | Asked in Business Law, International Law and Internet Law for New Jersey on
Q: We got an email from who we thought was our Singapore supplier asking for payment. Payment was sent and goods received.

Our thread of emails between us and our supplier was somehow intercepted. Over email the person told us the bank information had changed. We sent the wire to the account that was advised. We got the goods. Whoever hacked my suppliers email cut the email communication between us off since they... View More

David Luther Woodward
David Luther Woodward
answered on Dec 28, 2022

You have fallen victim to one of the pitfalls of email versus telephone.

Your problem is more complex than can be answered here. You need to contact a good International Lawyer, either in your city, or NYC if you are close. Your facts are "too skinny" for someone on a question...
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2 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for New Jersey on
Q: How do I file a counter claim in Monmouth County NJ in small claims court? I'm unable to locate the correct form.

I'm a defendant in a small claims case (New Jersey - $3,000) with a plumber. I want to file a counter claim contesting the original issue, but also file a claim for separate issues for a higher $$ value of approximately $6,000. These additional issues include violations to the New Jersey... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 26, 2022

It would be a better practice if you retained the services of an attorney. If you were to be successful in your counterclaim for consumer fraud violation, you will awarded attorney's fees.

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1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Q: What is selling asses on a transfer a 1031 exchange can I take a portion of the capital gains profit and use it.
Morris Leo Greb
Morris Leo Greb
answered on Dec 20, 2022

Speak to a CPA for an analysis of the tax implications of your question.

2 Answers | Asked in Banking, Business Formation and Business Law for New Jersey on
Q: How do you start a business?
Samuil Buschkin
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answered on Nov 8, 2022

There is a lot that goes into asking and answering this question. The legal aspects are probably secondary to business planning. Before you need an attorney you need to have a clear idea, a business plan, sufficient funding, and the right personal environment to launch a business.

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1 Answer | Asked in Divorce, Family Law, Business Law and Civil Litigation for New Jersey on
Q: Can I reopen a post judgment divorce and represent myself? I believe that I can but, what if any are the consequence's?

A few weeks ago I posted here regarding reopening my divorce post judgement due to fraud. I indicated that I do not have the funds to hire an attorney and was seeking help pro bono. I realize the cost associated with the complexity of this case, and I am willing to help in any way that I can to... View More

Leonard R. Boyer
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answered on Oct 25, 2022

Trying to represent yourself in a divorce or post-divorce matter is unwise since you are emotionally involved and not a trained attorney. There has to be a valid reason for reopening a divorce. This is going to be an expensive case and a hard burden to meet. People want to litigate very often,... View More

1 Answer | Asked in Business Law for New Jersey on
Q: My tree farm/lake club needs to vote by email. How do we change the by-laws?
Morris Leo Greb
Morris Leo Greb
answered on Aug 19, 2022

First check the organic documents of the organization. See whether the documents set forth the methods of voting. If none, have the board of directors at a regular scheduled board meeting vote o a proposal to change the organic documents to permit voting by email. Request the members to send in... View More

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