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New Jersey Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Contracts and Civil Litigation for New Jersey on
Q: Charges for toll violation and altered plate when not driving in NJ

I am the registered owner of a vehicle that crossed a toll with an altered license plate. I was not driving the car that day, and I do not have evidence to prove my absence. I have received official communication and charges related to the incident. I believe the license plate was altered without... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2025

You are responsible for any car registered under your name unless you have reported the car stolen prior to the incident. That being said you may still have a defense. These are serious charges, thus make sure you get a good lawyer that knows the defenses to this charge, or at a minimum a lawyer... View More

2 Answers | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Received cease and desist for emailing ex about charity. What next?

I received a cease and desist letter from a lawyer on behalf of my ex-girlfriend for harassment due to emailing her four times regarding a charity donation. There was no prior warning that my communication was unwanted, but I am willing to cease all contact. I have blocked and removed her contact... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 15, 2025

Best to hire a lawyer to respond to the letter you don't want to admit to anything but you also want to make it known that you will comply. A lawyer can offer you the proper shield to make sure this is done properly, it may be expensive, but it will be cheaper in the long run to hire a good lawyer.

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2 Answers | Asked in Probate and Civil Litigation for New Jersey on
Q: How to settle deceased brother's credit card debt in NJ with no will?

My brother passed away last October in Hudson County, NJ. He was unmarried, with no children, and did not leave a will or designate an executor. He left behind credit card debts and a bill for emergency transport incurred on the day his body was found. His assets include a checking account and an... View More

Leonard R. Boyer
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answered on Feb 28, 2025

I am sorry that you lost your brother. Probate is not a simple process and you are emotionally involved and not a trained attorney. They advise attorneys not to represent themselves. You need to be represented by a Probate attorney. The Estate, not the heirs are responsible for the... View More

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2 Answers | Asked in Probate and Civil Litigation for New Jersey on
Q: How to settle deceased brother's credit card debt in NJ with no will?

My brother passed away last October in Hudson County, NJ. He was unmarried, with no children, and did not leave a will or designate an executor. He left behind credit card debts and a bill for emergency transport incurred on the day his body was found. His assets include a checking account and an... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 28, 2025

Attorney Boyer is correct and let me add we are not allowed to give you specific legal advise on what to do as per the terms of service of the website. That being said the laws for settling an estate are located under section 3B of the New Jersey Statutes Annotated. Lastly it is the adminstrators... View More

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2 Answers | Asked in Domestic Violence, Civil Litigation and Libel & Slander for New Jersey on
Q: Boyfriend accused of DV seeks advice on proving innocence with evidence and pursuing defamation suit.

My boyfriend was charged with domestic violence and was arrested two weeks ago. He has a court date on March 21 and a pre-trial hearing on March 7. His ex-girlfriend claims he hit her on his front porch on February 3. However, she was using his phone to text and harass me at that time, and he has... View More

Leonard R. Boyer
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answered on Feb 27, 2025

Your boyfriend (in addition to the criminal defense attorney) is going to need a matrimonial attorney with extensive domestic violence experience. The best thing for your boyfriend to do is to retain attorneys for each case that have experience working together. Attorney Aalsberg is the best... View More

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1 Answer | Asked in Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Liability for vehicle damage if holding a stick in a crosswalk

If I hold a stick in front of me while crossing at a crosswalk in New Jersey and a motorist, who fails to yield, runs into the stick, could I be held liable for damages to their vehicle, assuming I was using the crosswalk properly, they had a clear line of sight, and there were no cameras or... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

1 Answer | Asked in Consumer Law and Civil Litigation for New Jersey on
Q: I purchased a certified pre-owned vehicle Feb 2024, Its already sitting at the dealership as an expensive paper weight.

I purchased my 2019 Chrysler Pacifica from a big name dealership. It came with a certified pre-owned warranty. I also purchased a extended warranty from the dealership. Fast forward to October, I sent the vehicle to the dealership for concerns of over heating and what felt like a misfire. I stopped... View More

Leonard R. Boyer
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answered on Dec 9, 2024

You need to retain an experience civil litigation attorney. There are numerous grounds that can be put into a legal complaint against them. The most important cause of action will be the New Jersey Consumer Fraud Act violation. That would entitle you to triple damages plus attorneys fees. However... View More

1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

1 Answer | Asked in Elder Law and Civil Litigation for New Jersey on
Q: Can my son sell "his half" of my mother/daughter single family home to a non-relative without my consent.

Both our names are on the mortgage and the title as of 3 years ago when he suggested we refinance the mortgage at a lower interest rate. Prior to that, it had been in my name only since 2004 when my husband died.

Leonard R. Boyer
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answered on Oct 22, 2024

This situation will require a consultation with an experienced civil litigation attorney to sort through all this. You should expect to pay for about 1/2 an hour of attorney time to obtain the advice and best way to proceed. Pick the best attorney you can find and remember one rule: a good... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I’m being sued personally when I worked under an llc

I was hired 3 separate times by 1 client. The 3rd job was taking longer than expected due to other jobs and the client went to social media and wrote bad reviews on every site possible. The clients father contacted me and agreed that she would remove the reviews if I came back and finished the... View More

Leonard R. Boyer
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answered on Sep 27, 2024

Yes, unless you have a 3 member LLC, this person is going to sue you personally because to be a legitimate LLC in New Jersey, you must have 3 members and file the right corporate formalities, otherwise, an LLC is not worth the paper it is printed on. She is probably also suing you based on the NJ... View More

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Whats the chance a judge accepts a adjournment after an 11 month case i was self representing and now obtained a lawyer
Cesar Mejia Duenas
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answered on Aug 22, 2024

In New Jersey, whether a judge grants an adjournment depends on several factors, including the stage of the case, the reasons for the adjournment, and the potential impact on both parties. Under New Jersey Court Rule 4:36-3(b), requests for adjournments should be made as soon as the need arises and... View More

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1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Can I sue an nj hair salon for using my photos on the outside store banner without my consent? Is it a civil case?

I got my hair done at a salon and she asked to take my photos for her insta. Next thing I know my photo is used as her new store banner after she renovated. She never asked me or even offered compensation. Is this a civil matter or am I entitled to be compensated?

James L. Arrasmith
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answered on Apr 10, 2024

Yes, this could be a civil matter, and you may be entitled to compensation. The salon owner's use of your photos without your consent could potentially violate your right of publicity or constitute copyright infringement, depending on the specific circumstances.

1. Right of publicity:...
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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New Jersey on
Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

James L. Arrasmith
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answered on Mar 23, 2024

If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to... View More

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

James L. Arrasmith
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answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

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2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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