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

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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.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for New Jersey on
Q: If the ordance lacks the definition of an allowed variable does the definition of that variable have to be made public?

For example if the town only allows certain firepits do thay have to make the details of what makes a lawful firepit public? If the town has rules for such a firepit but the rules are not available to the public is this legal? Where is legally allowed for this information to be located?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 28, 2022

Depends on the town, but most rules and regulations for the town will be posted as a township ordinance and you may be able to find these online. However for what you are concerned about you may also have to look at the fire department regulations for the town/county/state. I suggest consulting... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for New Jersey on
Q: Can I filled a lawsuit if I found drugs in my hotel rooms coffee maker?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 1, 2022

You can always file a lawsuit, but the question by the judge would be what were you damages.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: 88 year old doesnt have hard copy license has dementia cannot produce her drivers license number to replace

How to stop her from driving

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

This is a hard situation, has she diagnosed with dementia? if so her doctor will generally write a letter to MVC getting her license suspended.

1 Answer | Asked in Personal Injury and Civil Litigation for New Jersey on
Q: Does Pennsylvania have a limit on the number of questions that can be asked in the interrogatory?

To include all the sub parts of the questions.

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 4, 2022

You need to repost your question in PA section.

2 Answers | Asked in Civil Litigation for New Jersey on
Q: What is the procedure when one business does something and it causes a 2nd PARTY to do damage to the pkaintiff..

Is it two separate cases or one?the hospital gave my PHI TO A person acting as POA AND IT WAS USED FOR ILLEGAL PURPOSE.

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 22, 2022

You really need to state a meaningful question without any abbreviations (which cannot be specifically identified.

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1 Answer | Asked in Banking, Civil Litigation and Collections for New Jersey on
Q: Can a court levy my bank account without notification of any court case against me?

I currently live in FL. Previously lived in NJ. Noticed today that checking and savings accounts were levied. When I spoke to my bank, they said the superior court of NJ authorized this. I never received any notification of a pending court case against me. The address on my license and with the... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 18, 2022

Significiantly more information is required for a meaningful answer.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: If the general equity court rules in favor of money judgement how does it get enforced? will this court enforce it?

Estimates have been provided to the court but no money judgement has been made yet. case has been going for 2 1/2 years now and now more damage has been done to property. Recently filed a motion which was scheduled to be heard 010722 but as of today, no ruling yet. Motion asked that the court... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 18, 2022

More facts are necessary for a more meaningful answer. The question is also not clear. If you do not know how to enforce a judgment, you are going to need to retain an experienced civil litigation attorney, if it is cost effective.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: breach on contract refund from match making agency NJ Singles
Leonard R. Boyer
Leonard R. Boyer
answered on Jan 12, 2022

You are going to need to be a lot more specific in order to get a meaningful answer. An attorney will probably need to review the contract as well.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Can I redact charges on my back statement for an information subpoena?

I have a judgement against me since last year. each year the attorney sends an information subpoena for me to fill out. I only receive social security benefits. it says Attach copies of the three most recent bank statements that contain funds from social security. an I redact from my bank... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 3, 2022

You need to retain an experienced Bankruptcy attorney and if you cannot afford your own attorney, then you need to contact New Jersey legal services.

3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Timothy Denison
Timothy Denison
answered on Nov 18, 2021

Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis
answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for New Jersey on
Q: I signed arbitration agreement when buying new car at dealership. It states that all claims and disputes must be

resolved through arbitration in accordance with AAA rules. However, in AAA Consuner Rules, R-9. 'Small Claims Option for the Parties' reads as 'If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 16, 2021

Yes, you may proceed with filing a small claims action against the auto dealership. However be sure to follow what requirements or stipulation the AAA requires in order to proceed with filing a small claims court action.

1 Answer | Asked in Civil Litigation and Contracts for New Jersey on
Q: Any exception I can use for a small claim I’m abt to file for an online course w/ a no refund policy I purchased ?

Thank you for your time. I purchased 2 online courses earlier this year. 1 in January for 1257.00 the other in March for 750. I fell sick within 2 weeks and I am still recovering to this day. I have prepared limited medical documents since I don’t have health coverage along with an... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 7, 2021

The best course of action is to file a small claims complaint demanding the return of the paid tuition. If no settlement is agreed to, the matter will be heard by a judge. The judge will determine whether a refund is warranted. The judge’s decision will decide the issue.

4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Oct 31, 2021

Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

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1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: My ex husband refuses to sell marital home and won't sign the papers. What can I do?

We divorced in 2013. House was underwater heading to foreclosure. Judge said my 4 kids and I could remain in home as long as I kept up with all bills. Ex had nothing to gain so he agreed. In those years I managed to gain equity in home and I'm ready to sell. I have already moved out and my... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 13, 2021

You may file an action in court called partition. The Court has the power to compel a sale. Speak to an attorney with litigation and real estate experience.

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