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New Jersey Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Family Law for New Jersey on
Q: If I'm 15 years old and I buy my own phone with my money from my job is my mom legally allowed to take it from me?

I want to buy my own phone or lease one. But my mom says I can't, even though I have my own money. Is there any way that I can still buy my phone without her consent?

Richard Diamond
Richard Diamond answered on Jun 2, 2020

Im glad to hear that you are working and earning your own money. Its a good start. Now, lets address the issue as to why mom wants "control" of your phone. Parents for the past 1,000 years have struggled with how to get their children to study, do well in school and go to sleep at a... Read more »

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.

2 Answers | Asked in Contracts and Family Law for New Jersey on
Q: Can I make a legally binding agreement with my husband?

I want to separate from my husband. We have two kids, I don't work, and I would like to keep the kids. My husband has told me he would provide for me my rent, and a weekly amount of money, since I don't work and I need to take care of both kids.

Can we make a legal agreement... Read more »

Richard Diamond
Richard Diamond answered on May 22, 2020

My sense is that you are trying to figure out how to tiptoe through emotionally difficult terrain, fearful that if you push too hard, your husband will start making demands to share the children and then refusing to give you money for yourself and your children. You are the perfect person to sit... Read more »

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1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: How long does a contractor have to refund a deposit on a contract cancelled within the 3-day right of rescission?

Home improvement contract. I cancelled two days after signing (within the 3 day period). Contractor already cashed my check. How long do they have to refund me my money?

Leonard R. Boyer
Leonard R. Boyer answered on May 17, 2020

The refund should be made promptly, if you provided proper written notice of the cancellation. It is extremely rare for a home improvement contact to be legally valid in the State of New Jersey. You should discuss this situation with an experienced civil litigation attorney. With state-of-the-art... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: A new property management company took over and they want me to sign a lease renewal by the end of this month.

Also want to raise the rent. My original lease is for November 1st and I've been here for almost 3 years so I'm doing month to month. So they want to change it to a year lease again starting June 1st.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 14, 2020

Rental laws vary by township, bring your lease to an attorney to see what your rights are. Some towns allow rent to be raised as much as they want other towns have caps called rent control.

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2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... Read more »

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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3 Answers | Asked in Contracts, Divorce and Family Law for New Jersey on
Q: In a premarital agreement, can you make a specific clause that only takes effect if one of the parties files for divorc
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 29, 2020

Yes it can be done but just like anything else it needs to be properly drafted. I suggest hiring a good lawyer to represent you and if the other party isn't represented make sure they have a lawyer on their side as that is how most of these prenuptial Agreements are invalidated.

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1 Answer | Asked in Contracts for New Jersey on
Q: have a roofing contract question

entered into a contract stating I wold pay 1500 if I did not use roofing company for project after assessment and assistance with insurance agent. I entered second contract for the work but canceled within the 3 days grace period of second contract. Am I still obligated to pay initial fee of first... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 27, 2020

It really will depend on the contracts, there is not always a 3 day right to cancel. However, it is extremely rare, that any Home Improvement Contract complies with the almost always therefor will be a breach of the NJ Consumer Fraud Act.

1 Answer | Asked in Contracts for New Jersey on
Q: Does a city declaring a state of emergency override an existing contract ie overtime compensation between police & city
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 19, 2020

Maybe I guess that would be a question for the court to be litigated. But my inkling would be to say yes if you are considered an essential employee which police and fire are generally definitely considered as such.

1 Answer | Asked in Contracts, Criminal Law and Workers' Compensation for New Jersey on
Q: What type of lawyer do i need?

I reside in NJ where but i was doing work in NY, where a county specific license was required to do home improvement. I have a court date and i need to know what kind of lawyer i should find. I didn't qualify for a public defender.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 13, 2020

You will probably need a New York criminal lawyer if the case is in New York. Speak with one to find out.

1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: Can I sell myself to be someone’s prom date?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 7, 2020

Are you serious? Maybe you should auction yourself off to the highest bidder, so you can afford a criminal defense attorney? Of course you run the risk that no one will buy you and you have posted an intent to commit a criminal offense on a website frequented by law enforcement.

1 Answer | Asked in Contracts for New Jersey on
Q: Anyone interested in representing small business case against multi million dollar company ?

I am small business owner and want to file case against multi million dollar company for non payment for last 8months. All email communication exists.

Proof of work is there and text message stating check has been released or ACH will be done there as well.. Recd 50% money and remaining 50%... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 2, 2020

Attorneys on Justia cannot call you, nor can this type of case be taken on a contingency fee basis. You will need to have an in person consultation and document review. You are going to need solid proof.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: can i add someone on my house deed without needing a lawyer? can i file the papers myself in cape may county?

(not really sure what category this goes in, so i put contracts, or real estate?)

Vincent Gallo
Vincent Gallo answered on Feb 23, 2020

Sure you can, if you are confident that you know how to correctly and completely execute on the task.

1 Answer | Asked in Contracts for New Jersey on
Q: In New Jersey. I filed a complaint and the defendant opposed with a motion to dismiss due to failure to state a claim.

In New Jersey. I filed a complaint and the defendant opposed with a motion to dismiss due to failure to state a claim. Do I oppose with the motion to dismiss or do I submit a revised complaint? No matter what I do, According to the NJ Rules of court, I can only amend my complaint once - without... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 17, 2020

You are really in over your head, so you need to retain counsel. Your question shows a lack of basic understanding and this is not something that you can do on your own.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: My parents are selling their home & attorney review just ended. Is there a way to break the contract legally?

They were approached by a former interested party, before house was put on the market, that they have cash for the sale of the house. The person is a builder & will rip their house down to rebuild. My parents are out of attorney review by 1 day so far with another buyer is there a way to... Read more »

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

Maybe an attorney would need to review the contract. Hopefully you have one so ask him as we don't know your contract.

1 Answer | Asked in Contracts and Animal / Dog Law for New Jersey on
Q: As a private firm contracting with a municipality is my private firm required to have an affirmative action certificate

The municipality is requiring it but I’m told it’s not required. Where can I find the requirements for a professional contractor working for a municipality?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

You have two choices: Either obey the municipal ordinance that requires you to have an affirmative action certificate or get ready to find another employer--soon.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Contracts, Estate Planning and Collections for New Jersey on
Q: What must be included in a creditor's claim letter against an estate?
Paul J. Riviere
Paul J. Riviere answered on Dec 19, 2019

As per N.J.S.A. 3B:22-4, Creditors of the decedent shall present their claims to the personal representative of the decedent’s estate:

-in writing, and

-under oath,

-specifying the amount claimed, and

-the particulars of the claim.

-within nine months from the date of the decedent's death.

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