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New Jersey Civil Litigation Questions & Answers
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... Read more »

Morris Leo Greb
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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 Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for New Jersey on
Q: What type of attorney do I need to handle a solar company ? Our roof leaks into 3 rooms destroying our ceilings.

They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have someone from Florida threatening to file a lawsuit against me because they claim I owe them money.

He said he will file a civil suit. Do courts in Florida have jurisdiction in New Jersey? Do they have a case?

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

A civil suit is different from civil rights. Florida, like most states has what is referred to as a long-arm statute, which allows jurisdiction to be obtained against an out-of-state defendant. If you are actually sued, then you will need to retain an experienced FL civil litigation attorney.

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for New Jersey on
Q: Possibly civil suit between a contractor.Owner didn’t know existed wants to talk. Do I let him In my house? He’s never

Owner never been to my house or saw the work. His uncle the Forman represented himself as owner and gave estimate. Came back 3 times over 3 months when I complained. Now I fired them and owner wants to talk to see what work they can finish and get paid for. He’s never been in my home and he’s... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 9, 2022

No you do not let him into your house at all. You need to retain an experienced civil litigation attorney who knows how to utilize the New Jersey Consumer Fraud Act (if successful you will be awarded triple damages, plus attorney fees) and the Federal Magnuson Moss Warranty Act. But you are... Read more »

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... Read more »

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1 Answer | Asked in Land Use & Zoning and Civil Litigation for New Jersey on
Q: My neighbor had a roof put on their house by some contractor The shingles fell onto my car scratched it and puts dings

In it who does he report it to

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 13, 2022

First take pictures of damage and, if possible pieces of what fell on car. Report damage to police department of your municipality, Get estimate to repair damages and notify your carrier. Then approach your neighbor and ask for neighbor for name and address of contractor. Write letter to both... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: My friend borrowed my car to go to a family engagement. After the party on her way back to my house, she was stopped by

She was stopped by police for having a suspended license, which I did not know about. A few days later I receive notification from attorney offices advising me to get counsel. I am wondering what are my rights here and what should I do?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 9, 2022

Yes you need a good traffic ticket lawyer as you are probably charged with allowing an unlicensed driver to drive your car. If you get convicted of this offense which is I would assume 39:3-37.1(a) which carries a fines up to $500 and or up to 15 days in Jail. Thus yes you need a lawyer and a... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Municipal Law for New Jersey on
Q: Personal Injury Lawsuit, filed in the wrong County, can I get it tossed out?

Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 7, 2022

Yes if you have a lawyer you should definitely advise him of this fact.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for New Jersey on
Q: Notice to enforce litigants rights

I have a judgment against a contractor who refused to return deposit. I have already served information subpoena to defendants court appearance. Now, all of his court appearances are virtual. Defendant has not responded to information subpoena within time alotted. I filed notice to enforce... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 5, 2022

You have to get a Judge to grant you permission to effectuate service by publication. But you risk the contractor being able to discharge the judgment in bankruptcy. If you cannot establish fraudulent conduct that is not dischargeable in bankruptcy then you have a real problem. There are too many... Read more »

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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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,... Read more »

Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?

I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 11, 2022

Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

1 Answer | Asked in Civil Litigation and Consumer Law for New Jersey on
Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.

The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 31, 2022

It will be necessary to examine the contract you signed, but it seems like an excellent possibility that there is a violation of the NJ Lemon law, the NJ Consumer Fraud Act (which allows for payment of triple damages and attorney fees). An experienced civil litigation attorney should be able to... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I am 88 yrs and my wife 83 yrs do not have the strength to open and close the large windows in our rental. Is there solu
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 23, 2022

This is a question for a handyman not a lawyer, as maybe a motor to open them can be installed or maybe the window just needs some lubrication such as WD-40?

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Can I sue a General Agency for terminating my contract and violating the terms of the contract?

I’m a health insurance broker in NJ. My General Agent has without my consent advised the health insurance carrier to alter the expiration date on our contract. The carrier is now holding my commissions and won’t release them as agreed in our contract. Can someone please advise?

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

More facts and an examination of all relevant contracts is going to be needed in order to make a determination if you have a viable cause of action or not. But, from these facts (without knowing any more) it appears as if you might. With modern technology, you can be represented by any high-quality... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: If I buy a house with my own money can my wife that I have been separated from for one year take half?

I have been separated (not legally separated) for one year and 2 months with my current wife. We have been married for 2 plus years. If I buy a home with my own savings that I had before getting married can she take half when we divorce?

Leonard R. Boyer
Leonard R. Boyer
answered on May 9, 2022

New Jersey is an equitable distribution state, so the answer is "NO". You also should get divorced prior to buying any house, and this market is overdue to colapse.

2 Answers | Asked in Civil Litigation and Divorce for New Jersey on
Q: Can French citizens who married in NJ get divorce under NJ law?

We are both French citizens of no immigration status in the US. I reside in France while my husband resides in United Emirate. Can I proceed with divorce in NJ ? Does US have jurisdiction over the assets and properties in France should we get the verdict? Thank you

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 12, 2022

It is unlikely. New Jersey divorces couples who were legally married anywhere, as long as they satisfy the residency requirement. With rare exception, that means that at least once of you would have to live in New Jersey, and have been here for at least 12 consecutive months.

You should...
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1 Answer | Asked in Civil Litigation for New Jersey on
Q: Filed a complaint in the court for non refund of deposit and defendant failed to answer twice.

My attorney do not want to file an application to the court to vacate the Judge's vacation of the default or file a new default motion? He says court will take care of the defendants violation of order. Find below the details. How to deal with it?

Filed a complaint in the court for... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 5, 2022

Since you are represented by counsel, you must direct all questions to your own attorney.

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