Shaun I Blick's Answers

How do I go about filing a case in small claims court

If you wish to pursue a claim on your own, you will need to do so in the Superior Court of New Jersey, Special Civil Part, Small Claims Section in Monmouth County. This is a court that handles claims under $3,000. Go to http://www.judiciary.state.nj.us/prose/index.htm and you will find the necessary instructions and paperwork to initiate the lawsuit. I will caution, however, that while I recognize your claim is relatively small, I would still discuss with an attorney to insure that you are...

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Do I have a medical malpractice case against the doctor?

If a medical expert agrees with the facts you have presented in your question, you may have a viable claim against the doctor who performed the operation, and/or potentially the doctor that evaluated any diagnostic tests leading up to the unnecessary surgery. The first issue, however, is a possible statute of limitations problem. Depending on how recently you discovered the potential malpractice, you may or may not be time barred from bringing a lawsuit. This will require further evaluation...

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Who pays when a participating hospital uses a non-participating lab.

Probably not. If by participating you mean "in network," most insurers have a network of providers they have negotiated with to secure a discounted fee. "Out of network" providers will usually charge a fee that is higher than the negotiated fee. Some insurance plans will cover these out of network expenses, but only if customary and reasonable, based on others conducting the same procedure in your area. In the end, if an insurer will pay an out of network benefit, the insured will usually be...

Can company legally stop payment on my bonus check?

It depends on what the "bonus" represents. In NJ, like many other states, an employer that has terminated an employee must make payment of any earned income upon termination or at the next regular pay period thereafter. This is enumerated in the NJ Wage Claim Act. It would not be legal, and would in fact be a petty crime, for a company to withhold that payment and make it contingent on your signing a release. On the other hand, if the bonus was purely discretionary, and is considered...

IF I rent a room and my home is a one family dwelling how am I protected legally if she/he becomes injured while living there?

First of all, you might want to clarify whether your insurer excludes coverage for your tenant's personal belongings, or your liability for any injuries your tenants sustain within the covered home. Property and liability are separate coverage parts and may be subject to different exclusions. If it turns out only that your tenant's belongings are not covered, you should advise them to purchase a renter's insurance policy. If, however, you do have an exclusion of coverage for liability to...

How do I obtain "insuance broker bond"?

Contact an insurer or surety, or their agent, to discuss your needs.

Does an eight unit condo need an executive board by state law of New Jersey

If the legal classification of your home is a "condominium," it will fall within the purview of the New Jersey Condominium Act. The Act requires that an association govern the administration and management of the condominium development. I would recommend contacting the county clerk to obtain a copy of the association's governing documents. This will include the public offering statement and master deed. The master deed will include as an exhibit the bylaws and various other materials. If...

Can a NJ based company terminate their top producing sales person to avoid paying commission

Probably not - and I say probably because I would first need to see your contract and/or commission plan. Generally, earned commission is an earned wage under the NJ Wage Claim Act. Upon termination of an employee from an employer in NJ that is subject to the act, any earned wages must be paid out to the employee within a time certain. If we are dealing with a situation where the sale is an ongoing sale, not just a one time contract, things get a bit more complicated. I am happy to discuss...

If there are two people on a mortgage can one of them get a loan modification without the other being present?

Probably not.

I have a small business and one of my customers will not pay me. What legal action can I take. The amount is $34K. Thank you

Probably yes. I am happy to discuss this with you in further detail. Please call me in my office.