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New Jersey Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Real Estate Law for New Jersey on
Q: Fort Lee, NJ Coop building - active leaks from units above AC system, damage to our ceiling , Coop delays repair

NJ Coop building : For past 6 weeks and this problem existed a year ago, the AC system in apartment unit above us leaks. The water first dripped through AC unit , walls but now it seriously damaged ceiling, and continues to leak. Coop management & maintenance delays repair work, and their... View More

Leonard R. Boyer
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answered on Sep 10, 2023

You really need to retain an experienced civil litigation attorney and file suit against the coop board ,the President and possibly the unit owner above you. Many of these HOA, coop, and condo boards are either corrupt or engage in improper self-dealing. I routinely advise my clients to avoid... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Estate Planning for New Jersey on
Q: My boyfriend co-signed with me on the purchase of a vehicle, and we are both on title. I have made and continue to make

all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More

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3 Answers | Asked in Civil Litigation for New Jersey on
Q: Can a lawyer please help me review a contract?
Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

It's going to be difficult for attorneys here to respond to your request to review contract. The format here isn't set up for solicitation or referral like an attorney referral site - the format is quick-form Q & A. Additionally, posts don't include attachments. One option is to... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Municipal Law for New Jersey on
Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement

I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as... View More

Leonard R. Boyer
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answered on Aug 1, 2023

You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology,... View More

2 Answers | Asked in Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: Is a power-of-attorney able to amend a LLC if they are not a member, including adding themselves as partner?

My late mother established a LLC, which owns two properties. Before my mother became incapacitated she appointed my sister as POA. During the probate of my mother’s estate it was discovered my sister was member of the LLC. I filed a complaint with the Court alleging my sister added herself as... View More

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

You need to hire a lawyer. The type of questions being asked and the legal issues being presented to the court are not simple and involve specific type of proofs. In a court proceeding involving claims of self-dealing, fraud, etc, you are also not going to walk into a court room and talk with a... View More

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for New Jersey on
Q: Is it possible to sue former employer for lost wages after he refuses to complete paperwork to get my plumbing license?

He paid for my school and agreed verbally to sponsor me to get my plumbing license. Seven years later he’s refusing to fill out the apprenticeship certification for me. Is it possible to sue for lost wages for what I would have been making as a licensed master plumber?

Leonard R. Boyer
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answered on May 25, 2023

There is an insufficient factual basis to answer your question. Without knowing the reasons why he will not fill out the apprenticeship certification it is impossible to answer your question. You are probably going to require a consultation with an experienced attorney to determine what options you... View More

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Do I need to file a response to lawsuit as defendant prior to filing change for venue for being improper in NJ?

civil - defamation in Superior Court.

court house couldn't give me a straight answer aside from change of venue is considered non responsive.

Morris Leo Greb
Morris Leo Greb
answered on May 22, 2023

There are substantial procedural pratfalls in representing yourself. Speak to a civil trial attorney for best results.

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2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: Can you sue a Dentist who sent you to collections even though your bill was paid?
Morris Leo Greb
Morris Leo Greb
answered on May 18, 2023

If the requirements of the Fair Debt Collection Practices Act (15 U.S.C. Sec 1692) were not followed, you have a cause of action.

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1 Answer | Asked in Civil Litigation and Small Claims for New Jersey on
Q: when you buy someone a ticket to visit you but instead they cancel and keep the credits? is this coersion/robbery??

I bought this IG Girl from Miami a plane ticket for $350. We agreed that she would come to see me on a particular day, so I booked her flight using her info, and once I did, she blocked me and has been nonresponsive ever since. i have all the corresponding texts/receipts to prove it. If I were to... View More

Leonard R. Boyer
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answered on May 3, 2023

You have been Scammed! Be glad your loss was small. Never send any money or buy plane tickets for anyone. Your losses could have been much worse. The authorities have much bigger Scammers to go after. What you have described happens just a few hundred times per day all over the country. Learn from... View More

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Custody for New Jersey on
Q: I’m looking for an Attorney not afraid to take on a public entity…
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2023

It could be difficult for attorneys here to respond to your request. This forum is basically a Q & A format, and it doesn't work like an attorney referral service. In addition to your own online searches for attorneys, you could use the tab above, "Find a Lawyer," or check the... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I filed a motion to compel in New Jersey, it was denied for specific reasons.

I've corrected 2 of the 3 reasons for the denial but I'm lost as to the third that states:

in addition to Rule 4:23-5 (c) does not include interrogatories as a discovery that can be compelled.

I thought that's what motion to compelled meant to get my adversary to... View More

Leonard R. Boyer
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answered on Apr 3, 2023

Realistically no one can provide any meaningful answer without a review of all the pleadings. In addition, you are emotionally involved in this matter and not a trained attorney. The review of these documents will exceed what most attorneys will handle in a free consultation. With modern... View More

2 Answers | Asked in Family Law and Civil Litigation for New Jersey on
Q: Do you file your interrogatories/production with the courts and the courts send your advasaries those documents.

I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.

My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... View More

Richard Diamond
Richard Diamond
answered on Mar 13, 2023

Based on the information provided, im not sure that you have the skillset needed to handle litigation on your own. Interrogatories and document requests are sent to the adversary - not to the court and they need to be tailored to the particular issues and claims involved in your matter and need to... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Probate for New Jersey on
Q: Can a POA add themselves as member to an existing LLC and joint owner to a bank account owned by the principal?

Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More

Leonard R. Boyer
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answered on Mar 12, 2023

You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: In NJ courts, how long does a Plaintiff have to reply to an "Answer to Compliant with Counterclaims" from a Defendant?

As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... View More

Leonard R. Boyer
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answered on Feb 13, 2023

Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... View More

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... View More

Morris Leo Greb
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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... View 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
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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... View 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
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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... View More

Leonard R. Boyer
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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... View 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
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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... View More

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