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New Jersey Civil Litigation Questions & Answers
1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: May I file a Foreign Judgement in DE Superior Court myself? Trying to collect $ from default creditor who's now in DE.

I've handled this on own in NJ Special Civil Part. Plan to file for Exemplified Copy of Judgement next. I want to file in DE without a lawyer if possible.

Morris Leo Greb
Morris Leo Greb answered on Feb 5, 2021

Yes. However, to be prudent, check DE Court Rules to make sure your filing satisfies DE requirements.

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1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for New Jersey on
Q: Can my employer be held accountable for possibly infecting me with covid for not quaranting after international travel?

He did Not quarantine, and said he got a 24hr test done at a place I know does not offer that service. Only 2-4 days due to it being a public testing facility. Also a few people also became ill immediately after his arrival.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2021

You can sue anyone, but can you prove that you got covid from him and not someone else such as when you wen to the supermarket for food. This would be the defense your employer would probably assert. Not that you shouldn't try and you may also be entitled to workers compensation insurance.... Read more »

3 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for New Jersey on
Q: Found a property which has been abodoned in New Jersey: placed business logos on the property and have taken furniture.

Last sale listed in 2015, without an owner or realtor agent listing.

Claimed the property on Realtor.com.

What are the next steps I can take toward legal ownership of this property?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 18, 2021

You can't just take furniture from a place because you feel its been abandoned it may not be. That can be a criminal offense. If your trying to get a property by adverse possession be careful as many people end up not getting the property but getting a criminal charge instead for such things... Read more »

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New Jersey on
Q: can i get evicted if my bf/gf is living with me and not on the lease?

rent is being paid on time. never late. New Jersey standard lease

Morris Leo Greb
Morris Leo Greb answered on Jan 8, 2021

Depends on the terms contained in the written lease which you signed at the beginning of your lease term. Without seeing the lease, a more definitive answer can not be given.

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Does mutual release settlement agreement terms and verbage only pertain to case you agree to settle or all cases
Tim Akpinar
Tim Akpinar answered on Dec 15, 2020

I can't speak for employment law or workers' comp releases, but in a personal injury case release, the release is GENERALLY drafted to apply to a particular case at hand, where it will identify the particulars of the case, " ...injuries arising from a motor vehicle accident that... Read more »

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: I found small rocks and glass in my Perdue chicken. Spoke with them and they wanted to offer 50 $ what should I do

I have the debris and they want me to send it in.

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

At this point, you may have already resolved the matter. If you haven't, you could consult with an attorney. But cases that involve food contamination or foreign objects are generally based on a standard of actual damages. If no actual damages took place, a company will not generally extend an... Read more »

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How does the judicial system accommodate for, and assist spouses to move forward in resolving marital financial abuse?

What legal recommendations is there for a 34 yr marriage where the wife has worked PT while raising the children and being a homemaker, who is ready to retire, as children have moved out of the house. The husband has been angry and given the wife the silent treatment for 6 yrs. He pays rent, taxes,... Read more »

Andrew M Shaw
Andrew M Shaw answered on Aug 21, 2020

Thank you for posting this question. Marital financial abuse is a very serious issue, but the Courts do provide methods by which it can be addressed. While the Court cannot compel marital counseling, it can certainly grant a Judgment of Divorce that respects and acknowledges your rights (and your... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... Read more »

Melissa Totaro
Melissa Totaro answered on Aug 10, 2020

Based on the information in your question it appears clear that the venue is unwilling to refund your money voluntarily. You should contact an attorney that practices consumer law and provide them with your contract and the facts of your situation. If there is a strong case that the venue is... Read more »

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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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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
Leonard R. Boyer 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 Civil Litigation for New Jersey on
Q: If I gave my partner a gift letter for 35,000.00 and I'm on the deed, what happens when we sell the house?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 25, 2020

An attorney would need to review the letter to properly answer your question.

1 Answer | Asked in Civil Litigation and Estate Planning for New Jersey on
Q: My Aunt passed in NJ, no husband or kids. Her 2008 will left me out but included some family names. what can i do?

She excluded my 2 brothers and 2 cousins also. 2 sisters, 2 other cousins, 1 niece and a neighbor were named, as well as her brother ( my uncle). 40% to uncle and 10% to the other six. Her will was executed in Hackensack, New Jersey. what recourse if any do I have to contest the will that I was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 16, 2020

In NJ a person can leave their estate to anyone they want. The only person they must give something to is their spouse as they are entitled in most cases to an elective share. That being said we don't know your case so speak to a lawyer to see what if any rights you may have.

3 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for New Jersey on
Q: Can a co-signer restart the statue of limitations for the borrower on an old debt by entering into a repayment agreement
Karra Kingston
Karra Kingston answered on Apr 14, 2020

Generally, a cosigner can revive the statute of limitations on an old debt by making a payment or by agreeing to begin making payments (depending on state law).

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: I lost a bill from an auto lender that is vital to my court case. Is there a way of getting them to send another?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2020

You really need to retain an experienced civil litigation attorney to represent you, otherwise you will be at an extreme disadvantage. If it was your insurance company, then contact them and request it.

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Litigation and Health Care Law for New Jersey on
Q: Do you handle medical malpractice cases
Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

This isn't a law firm. It's a question and answer board. But you can find New Jersey lawyers who handle med mal cases. See the Find-a-Lawyer tab. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, DUI / DWI and Traffic Tickets for New Jersey on
Q: I was driving 40 miles an hour limit is 45 I got pulled over he gave me a tic
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 30, 2019

It is possible to get a ticket for going under the speed limit. Speak to a lawyer.

2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for New Jersey on
Q: I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive

I live in Florida and separated spouse took a vehicle I owned out of state (NJ)...allowed another person to drive... had an accident... the injured party is suing...my name is listed...as a potential defendant because the vehicle was registered to me...I have about 30 days to respond.

Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

Call your insurance company and let them know you are being sued. They will most likely assign you counsel. If the vehicle was uninsured you will have to get counsel on your own and to defend against the lawsuit.

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1 Answer | Asked in Civil Litigation and Civil Rights for New Jersey on
Q: I have outstanding business loan and creditor notified that they have filed UCC-1.

I will be filing for dissolution of my company this week. Do they have access to our business bank account? i'm planning to close the bank account in 2 weeks.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

This is exactly the same question you asked on another legal website. The answer is the same, you need to retain an experienced bankruptcy attorney and file a Chapter 7 Business Bankruptcy to solve your problem, unless you personally guaranteed this or any other debt.

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