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Lawrence Charles Kroll

Lawrence Kroll’s Answers

748 total


  • How can my husband change his last name to mine?

    My husband and I are already married, but we both kept our last names. He decided he wants to change his last name to mine, but we are confused as to how we can do that. Do we have to go to the court?

    Lawrence’s Answer

    My colleague is correct that you can start to use the name now, without a Court Order. However, if you want to obtain necessary documentation and identification in your new name, such as a drivers license, passport, social security card, etc., you will need a court order. In New Jersey, as in most states, you can change your name for any reason, or no reason at all, so long as you are not doing it to avoid prosecution or creditors. It is not a difficult process, but many people do hire attorneys to do it for them because the paperwork and process is somewhat confusing. You will also incur around $500 in costs for filing fees and for publication expenses-you have to take out a legal advertisement in a newspaper regarding the name change.

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  • Can someone please help us understand if Worker's Compensation Insurance is Mandatory for 1099? if so is it Mandatory in NJ?

    I have started a small therapy business in NJ where we provide Occupational, Physical and Speech Therapies in houses of elderly. We provide 1099 to our employees at this time, my accountant told me that I have to HAVE worker's comp insurance for m...

    Lawrence’s Answer

    Just as a further note-the definition of "employee" is different for tax and worker's compensation purposes. Even if you are legitimately paying them as 1099 employees for tax purposes, they may still be considered employees for workers compensation purposes. The other answers to this question provide some of the issues that the compensation courts look at to determine if someone is an employee for purposes of workers compensation.

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  • What are my rights if landlord has serve me with an illegal summons/eviction. I want to vacate premises for harrassment

    I have been back and forth to court with my landlord in regards to violation withint the apartments. Heat being the biggest complaint. All violation along with heat have been fixed on 1/14/16. However one of the Petition the Judge rule on 1/4/1...

    Lawrence’s Answer

    I agree with my colleague. You should go to court on the trial date, and bring with you copies of the prior orders from the judge regarding the apartment, repair of the problems, and telling you what rent to pay, as well as proof that you paid the January and February rent. The Judge should dismiss the Landlord's complaint. However, when you get to Court, you should discuss with the landlord whether he will let you out of your lease without any penalty. Now that the landlord has corrected the problem in the apartment, if you just leave, he can continue to charge you rent until the unit is rented to someone else. Perhaps the landlord will agree to terminate the lease so you can find another place to live and so he can find another tenant. An attorney can certainly help you to defend yourself and work out an arrangement with the Landlord.

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  • Workers compensation hearing next week . Little confused about the case

    Hi My claim was made in nj I inured my lower back at work on jan 21 2013 Had surgery on oct 15 2013 . And stopped receiving workers comp checks on feb 14 2014 . My lawyer told me that i have 30% disability and that i will get aroun...

    Lawrence’s Answer

    You really need to discuss this with your attorney. It sounds like you are confused about how workers compensation benefits are paid; and also how permanent disability benefits are calculated. It appears that your attorney and the other attorney have discussed your case and agreed that an appropriate settlement is 30% partial total disability for your injuries. Payments of total disability in comp are calculated in weekly payments-each percentage of disability is equal to six weeks of benefits, so 30% = 180 weeks. Your temporary disability benefits stopped on 2/14/14. That means that the calculation of payment of permanent disability starts on that date. You will get a lump-sum check equal to the number of weeks of benefits between 2/14/14 and the date the case settles; which will be around 100 weeks. You should then receive the remaining 80 weeks of permanent disability benefits in periodic payments going forward until the remaining 80 weeks is paid out.
    You have the right to re-open your case if you believe you need additional treatment and care at any time up to two years after you get your last benefit check. Your attorney probably suggested you wait until you get the remaining 80 weeks of benefits before looking to re-open the case.
    Again, you hired an attorney for a reason. Every workers compensation attorney I know of will be happy to explain how your benefits will be paid; if for not other reason than when you settle your case the Judge will want to know you understand how you will be paid out.

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  • How can I sue someone for not paying his car that I financed?

    Three years ago I helped my ex by financing a car. He recently decided not to pay the car and hasn't pay it in over 3 months. I've been making the payments in order not to ruin my credit. The situation with this car is that he is on the title an...

    Lawrence’s Answer

    These kinds of cases are very fact-specific. You really should speak with an attorney. However, without knowing the specifics, you might be able to go to court to compel him to indemnify you for any payments you have made; or to force him to sign the car over to you; if you are making the payments and he is not. Good luck!

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  • Who is responsible for lost wages, pain and suffering and possible loss of employment ?? and what can I do ?

    I was stopped at a red light and was rear ended. not only once but twice. I knew immediately that my neck was hurt but I just shrugged it off 3 days later I wound up in the ER and subsequently went to my regular physician for a follow up. My n...

    Lawrence’s Answer

    If you were injured in an accident, you need to speak to an attorney about your rights. These issues are typical when you are in an accident.

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  • Landlord - Tenant Question

    I am currently renting an apartment on month to month bases. Yearly lease expired few years ago and has never been renewed. landlord unexpectedly showed up with new raised yearly lease agreement, which I do not want to sign ( planning to move ). W...

    Lawrence’s Answer

    Generally, if you are on a month-to-month tenancy, either side can provide 30 day's notice. If the Landlord wants you to sign a new lease, with an increase, he should have sent you appropriate notice, either 30 days, or longer if the original lease had a longer time frame. Showing up probably does not constitute proper notice, but it might for next month. You might want to speak to an attorney to determine whether you should pay the current or increased amount, but if the landlord DOES give you proper notice and you do not sign the lease and hold over, there is a chance they could charge you double rent for doing so for the period of time you do so.

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  • I am an American Software Engineer that got scammed by an indian software placement company, and looking to see my options.

    Hello I am an American Software Engineer working as a self-corp with my own LLC based in NJ. Recently I was enticed away from my Wells Fargo job (which still had 6 weeks or $17k of income left on it), by an indian software company which promise...

    Lawrence’s Answer

    Your questions pose factual issues which will require you to consult with an attorney, and have them review whatever documents you might have and discuss the specific circumstances you discuss in your question. It sounds like you might have a case for fraud, or another business-related claim. Fraud must be set forth with specificity-meaning you must put the specific allegations which constitute fraud in your Complaint. In general, fraud occurs when there is an intentional misrepresentation of a material fact, upon which you relied, and that you were consequentially sustained damages. You need to discuss with an attorney what the specific factors were that could constitute fraud, and also what your possible damages are. Good Luck!

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  • New Jersey Special Civil Part - "Collecting A Money Judgment" - Landlord Tenant Court

    Am I able to file for an Execution Against Wages (Garnishing Debtor's Salary) within 45 days of obtaining a judgment for possession for rent not paid, or is there a step in-between, like filing in Small Claims Court first? The written instruc...

    Lawrence’s Answer

    I agree with Mr. Wolf. Just to clarify-the amount set out in the Judgment for possession is the amount the Tenant has to pay to vacate that judgment and stay in possession. If you obtain possession, you still need to file a collection action in Court to prove the amounts due and owing to you from the Tenant, which will include any credits or debits from the Security Deposit.

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  • Will I be legally liable to pay any damages to the employer if I choose not to join the new employer at this stage.

    I am planning to change my job and have signed an offer with the employer. My H1B transfer has been initiated. As per the terms of offer letter there is a clause for damages which states that I would be liable for any damages if I violate the t...

    Lawrence’s Answer

    No attorney can answer this question without reviewing both the offer letter; as well as your current employment or consulting contract. The answer is completely dependent on the terms and provisions of those documents, and the circumstances of your current and anticipated future employment.

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