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New Jersey Business Law Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for New Jersey on
Q: I have a judgement against me how can I vacate it?

I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... View More

Timothy Denison
Timothy Denison
answered on Feb 10, 2021

Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.

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2 Answers | Asked in Business Law, Employment Law and Workers' Compensation for New Jersey on
Q: Do I need Workers Compensation Insurance if I have no employees in the business, except myself?.

We are family consulting microbusiness, owned by my wife (she does not do work in this business). I feel Workers Compensation Insurance is useless for us, but dont want to pay fine for not having it.

Thank you

Gregory

Tim Rose
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answered on Feb 3, 2021

You may still be required to carry workers comp insurance. Check with the NJ Dept. of Labor and Workforce Development based on what type of work entity you have created.

"Sole Proprietorship – All sole proprietorships operating in

New Jersey must maintain workers’...
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1 Answer | Asked in Business Law for New Jersey on
Q: I bought a minibus that I'm planning to use as a taxi to make money. With regular insurance, is that illegal?

Also, would passengers be allowed to drink alcohol while I drive? The open container law says This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service. Like I previously mentioned, I own a registered and insured minibus... View More

Leonard R. Boyer
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answered on Jan 28, 2021

What you want to do is a recipe for major problems. You really need to retain an experienced business attorney, who can set up the right corporate entity and of course, you will need the right type of insurance. Failure to do so could result in your personal assets being placed at risk. Trying to... View More

1 Answer | Asked in Business Law for New Jersey on
Q: Officer of a corporation not following bylaws
Leonard R. Boyer
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answered on Dec 29, 2020

Making multiple statements about what is essentially the same thing does not accomplish anything. Consulting an experienced civil litigation attorney will.

1 Answer | Asked in Business Law for New Jersey on
Q: President of a New Jersey corporation violating the bylaws and discrimination of potential members.
Leonard R. Boyer
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answered on Dec 29, 2020

From your statement, it is obvious that there needs to be a personal strategy session with an experienced civil litigation attorney. This will also be beyond the scope of what most attorneys will include in a free consultation. During this pandemic, you have a choice of either seeing your attorney... View More

1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Q: 2005 LLC formed and acquired a Deed. Never operated as LLC. 2007 NJ revoked LLC. 2020 LLC wants to sell deeded property.

Sole owner LLC has only one asset, the deeded property. Since 2005, LLC has not done any other business (no profit or loss). LLC Never filed any annual reports, has no bank account, never filed a tax return. Question: does revoked LLC have to be reinstated to "wind down" business (sale of... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 27, 2020

A prudent buyer will requirea tax clearance letter from the State. The buyer will file a bulk sales notice with the State. You will need to provide your TIN so that the notice can be filed.

1 Answer | Asked in Business Law and Collections for New Jersey on
Q: i had convenience store and by my employee, food stamp fraud happen and need help for that.

i got letter for $12k penalty but did not pay and closed store. but even after couple of year, they took money around $15k and still shows $23k i have pay after penalty and interest on it. i would like to resolved this. please help.

Paul J. Riviere
Paul J. Riviere
answered on Aug 18, 2020

It sounds like you may have received a charge letter, pursuant to 7 C.F.R. §278.6(b), did you respond? You need an attorney to help you mitigate the penalties you are faced with. The USDA or AG's office can be very challenging to deal with.

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Can I cancel my wedding in NJ in 11/2020 under the impossibility clause for a full refund due to COVID?

I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.

Melissa Totaro
Melissa Totaro
answered on Aug 13, 2020

In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your... View More

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Where do I start?

I got married back in November, we hired this company to do our video, photography and flowers. The videographer showed up a hour late causing our wedding to pushed back a hour. The videographer told the company he was in a car accident, but it turns out he never was. He was fired. 8 months has... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 22, 2020

This is definitely a breach of contract case. You may even be entitled to triple damages if your lawyer can prove consumer fraud which may allow you to get back the payment you will need to make to hire a good lawyer. Setup an in office consultation with a good lawyer of your choice.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Q: Why is it illegal to file eviction in NJ without an attorney if you’re an LLC?
Leonard R. Boyer
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answered on Jun 16, 2020

Because the Statutes require all forms of corporate entities to be represented by attorneys in all legal matters.

1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Are guaranteed payments permitted without a partnership agreement being in an existent NJ LLC ?
Paul J. Riviere
Paul J. Riviere
answered on Jun 15, 2020

GPs should be contained within the Operating Agreement. You also need contingency planning in case GPs become impractical or impossible. Speak with an experienced business attorney to get an agreement that works for your business.

1 Answer | Asked in Business Law for New Jersey on
Q: I opened a business with a partner who moved away and now after we agreed he was out keeps trying to get money.

What can I do to get him out for good and so that he has no recourse to try to claim a portion of the business anymore

Paul J. Riviere
Paul J. Riviere
answered on Jun 15, 2020

You need to come to terms on a transfer of the absent partner's interest in the business to you. This can be done with a buyout or some other form of transfer or in the worst case scenario by judicial determination. Get in contact with an business lawyer to proceed properly.

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Hello, I was thinking about starting an advertising/marketing business online where I’ll post on social media accounts.

What licensing will I need to acquire and how much will I be taxed or charged to hold the business

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 14, 2020

You need to speak with a lawyer, this not a question that can be answered in a free short question and answer posting as many questions need to be asked by the lawyer.

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1 Answer | Asked in Real Estate Law and Business Law for New Jersey on
Q: I’m interested in wholesaling.. If I sign an offer to purchase on a home, am I legally obligated to buying and damages?

Essentially I want to find homes, sign offers to purchase, and then sell the interest in those properties to house flippers who will make more money for a fee. Do I need a real estate license in NJ? Should I incorporate? Do I tell my current employer? Thanks for your input!

Leonard R. Boyer
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answered on Jun 13, 2020

You really need to have an experienced business and real estate attorney set up the right corporate structure, draft the contracts and handle all legal aspects of your business. Good law firms will enable you to retain their services on an ongoing monthly retainer. Remember, a good lawyer is rarely... View More

1 Answer | Asked in Workers' Compensation and Business Law for New Jersey on
Q: I worked or a company of food delivery and they were cutting our money

then they sent some checks. for me they sent an email they say they will send me a check of $13 But i'm sure it was more than $13 i heard some drivres they hire a lower and they get more than that

Gerald D. Siegel
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answered on May 18, 2020

This is not workers comp. It is more in the field of wage and hour compliance. Google the NJ Department of Labor. Go to the tab on Worker Protection and wage and hour compliance will pop up. That will make for good background reading. if you don't have the answer after that contact a wage... View More

1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: How long does a contractor have to refund a deposit on a contract cancelled within the 3-day right of rescission?

Home improvement contract. I cancelled two days after signing (within the 3 day period). Contractor already cashed my check. How long do they have to refund me my money?

Leonard R. Boyer
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answered on May 17, 2020

The refund should be made promptly, if you provided proper written notice of the cancellation. It is extremely rare for a home improvement contact to be legally valid in the State of New Jersey. You should discuss this situation with an experienced civil litigation attorney. With state-of-the-art... View More

2 Answers | Asked in Business Law and Copyright for New Jersey on
Q: If I purchase a design from online, would I be able to use that design on my own product to sell?

I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?

Barbara Berschler
Barbara Berschler
answered on May 8, 2020

As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for... View More

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3 Answers | Asked in Business Formation, Business Law and Trademark for New Jersey on
Q: What are the steps to ensure my business name is secure?

I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?

Barbara Berschler
Barbara Berschler
answered on May 7, 2020

If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... View More

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2 Answers | Asked in Family Law, Business Law and Legal Malpractice for New Jersey on
Q: . How can I create a legal binding promissory note?

My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... View More

Richard Diamond
Richard Diamond
answered on May 5, 2020

The issues presented are as follows:

1. protecting your friend from the IRS in the event of a triggering event for liability,

2. give your friend confidence that she is properly protected from liability AND

3. guarantee that its your business and that if its successful,...
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1 Answer | Asked in Business Law for New Jersey on
Q: I want to ask about the "Force Majeure" clause in my lease.

I am a restaurant owner and my restaurant is located in a mall of Jersey City, NJ. There is a huge impact for my business due to the Coronavirus outbreak. Especially, striating 3/12, the mall has a close order by the local governor. Currently, the mall is still close. And we already paid for this... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 19, 2020

An Attorney would need to read and review your lease to see if you were able to avoid paying rent or even get a reduction. Generally the clause protects the landlord.

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