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Marian Ida Kelly
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Marian Kelly’s Answers

126 total


  • I just got served papers from a man (well i was at work they gave them to my mom) and it states they are suing me

    i just got served papers from a man (well i was at work they gave them to my mom) and it states they are suing me and nj and others to get money for my dads wells fargo mortgage which my name is not on (my dad middle name is different than mine i ...

    Marian’s Answer

    Seek a consultation with a local attorney who specializes in Estate matters. John DeSimone in Woodbury, NJ 856-848-8800 should be able to advise you. Don't delay in the consultation, an answer is due within 35 days of service of the complaint.

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  • Do I have to provide personal info ie tax returns,rental receipts, leases dating to 2003 in defense of a liability suite.

    Being sued by next door neighbor who slipped and broke her arm supposedly on my properly after a snow storm. Insurance lawyer wants me to provide personal documents such as listed above.... Why and should I ...what does this have to do with the case

    Marian’s Answer

    You should ask your defense attorney why these items are being requested since he is fully familiar with all of the facts of the case. Discovery rules are every broad in NJ and permit inquiry into areas that may seem irrelevant, but are still reasonable within the eyes of the Court. If you simply fail to comply and do not provide the requested information, motions will be filed by the plaintiff which could have adverse consequences to the defense of your case. if your attorney explains why these items are being requested and advises there is no basis to object, then you should comply with your attorney, who is representing your best interests.

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  • Am I being sued and don't know it?

    I received a letter from a lawyer stating that he could "help" me in the "lawsuit against me by Walton Lovonia". I was involved in a car accident 2 years ago; the other driver was at fault and her insurance paid the cost of my car repair. Am I now...

    Marian’s Answer

    You can check online to see if any lawsuit has been filed against by going to the NJ Courts website. You may need to know the ocunty of venue, which could be where the accident happened, or where either driver resided. However, unless you have been served with a complaint, you probably have not seen sued, or the case may not be being pursued. You can also call your auto insurance company to ask them if any claim has been made against you. If there is a case being pursued against you, your auto insurance company would pay for a lawyer to defend you, so there would not be a need for you to hire an attorney on your own.

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  • Keeping a contract.

    I signed a contract according to which I will pay a given sum of money for services rendered. The other side sent me a letter telling me services will not be rendered and I should pay full sum of money that is written in the contract, or I will ...

    Marian’s Answer

    Failure to provide services would be a breach of the contract, and thus would obviate the need for you to pay on the contract. However, you should have an attorney review the contract so the exact language can be considered in light of the facts you have presented. Only upon review of the actual contract can ana attorney give you an informed opinion. This should be able to be accomplished in a consultation appointment. Although you will be charged for the attorney's time, it is a worthwhile investment if it saves you from paying on the contract, or worse, litigation. Thank you for asking.

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  • Can someone purchase a car if he doesn't have a driver's license -he never had one before -and allow someone else to drive it?

    Hi. I know someone who is willing to purchase a car for a relative in financial need. This person lives in NY and his relative in NJ. The relative he is willing to buy a car for is a licensed driver who has been driving for many years and has a cl...

    Marian’s Answer

    i don't know of any prohibition on buying a car if you have no license, but the registered owner does have to purchase the insurance. The person who would be the driver would get listed on the policy as a driver (versus owner). The best thing to do would be to call an insurance company or broker and ask if they would insure the car under these circumstances. These folks do need to figure out if they can get insurance before buying the vehicle. My guess is it can be done. Good luck and thank you for asking.

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  • Need help fighting insurance co trying not to pay claim

    I own reo co with best insurance offered in industry we repod a boat from dry and nd while on truck hitch malfunctioned and boat lifted up hitting ground when debtor redeemed we put boat in water since he had no trailer while in water alarms went...

    Marian’s Answer

    Seek a consultation with an attorney who specializes in insurance claims- the attorney will have to review your insurance policy to give you an opinion on what is covered and what is not.

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  • Newspaper wrote false and embarrasing information about me...can i sue the newspaper???

    newspaper printed false information...

    Marian’s Answer

    I agree with my colleagues. The best thing for you to do is to seek a confidential consultation with an attorney who practices in this area, and they will tell you what the likelihood of success is based on the facts you present to them. Then you can decide if it is worth the retainer you will have to pay the attorney to pursue.

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  • Do i pay the lawyer for medical liens if the insurance company already paid them?

    lawsuit was settled and i was sent a copy of my check and the lawyer says i owe for medical,filing,translator,copies,photo copies and i never needed some of the things that he's asking to get paid for

    Marian’s Answer

    I agree with both attorneys who have commented. Your attorney paid for costs needed to prove your case. Your fee agreement most likely indicates that you must pay your attorney fees and costs. Your attorney will itemize the costs for you. Medical liens also get paid from the settlement proceeds in the normal course of a settled case. You should discuss this further with your attorney, who should explain these issues to you fully.

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  • Roof/Ceiling collapsed onto child scaring him-What to do?

    After hurricane sandy a large chunk of the roof was damaged above my childs bedroom.It had not been fixed but had infact been brought up to the landlord and was leaking all of the time. The other morning we woke up to screams and cries-his ceiling...

    Marian’s Answer

    Limiting my answer to a claim for emotional distress, these are difficult cases. They essentially require that the emotional distress be so significant as to become "physical injury", for which there must be documented medical treatment. Hopefully your child is not so distressed, but if there are any psychological/emotional injuries, then start with a visit to the pediatrician, then possibly for some counseling, if needed. I hope this is not necessary. At the end of the day, this type of claim is difficult to prevail on- I am sorry to hear this happened to your child.

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  • Auto Insurance - Child away at college

    My 21 year old child is away at college (California). They are NOT on my car insurance policy and never have been. They will be home for the holidays. Is it possible to add them to the policy for that one month period?

    Marian’s Answer

    yes- you should call your insurance company to add them and can take them off when they go back to school.

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