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Joseph A Mullaney

Joseph Mullaney’s Answers

243 total


  • I like to ask a lawyer if a person has been supporting me for 7 years i am disable and just stops with no reason in oct after

    i just had more surgery i have no family i am 56 years old

    Joseph’s Answer

    • Selected as best answer

    Generally, when a "person has been supporting [someone] for 7 years..." and "just stops with no reason," the legal ramifications of the person leavings depends on his or her relationship with the left.

    For instance, if the leaving person is a spouse, that spouse may have continuing duties to provide basic necessaries to the left. If the person leaving is a caretaker, ongoing duties may be found in a contract or law. If the leaving person is not married to the left, but provided support like a spouse, there may be palimony issues. (Generally, palimony is the division of financial assets and real property on the termination of a personal, live-in relationship wherein the parties are not legally married.)

    Mostly, however, and outside marital relationships, agencies, and employment, a person may "leave" another without legal repercussion. People are by their very nature "free," and that means free to pursue other relationships.

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  • Can I press legal or civil chargers against someone who catfish me online for 6 yrs?

    ?

    Joseph’s Answer

    Generally, when a person assumes an online identity, he or she may do so as long as use of the assumed identity does not infringe on the rights of others. Persons have privacy rights including the right to his or her own publicity, image, and likeness. Misappropriating a person's identity can give rise to privacy torts (civil wrongs). To misappropriate someone's publicity, image, or likeness to perpetrate crimes, fraud, or financial deception may give rise to criminal liability.

    For instance, if I take Lil Wayne's image and put it on tee shirts I then sell, I may have misappropriated Lil Wayne's right to control his publicity, image, and likeness. He could sue me for the civil wrong.

    If I take Flo Rida's image and likeness and create a facebook account in order to induce someone to pay me to endorse goods or services with my Flo Rida facebook account, I may have committed a crime.

    Generally, if a person's right to publicity, image, or likeness (that's *any* person, not just celebrities) is taken without permission, the victim can sue the infringer and seek remedies allowed by law (injunctions, damages, special damages, punitive damages, etc.)

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  • Can question a judgment CACV casy of NJ ?

    I was informed that in october 2013 I had a judgment against me for 6000.00 CACV case. I dont agree with this but I had no chance to defent myself. What can I do ?

    Joseph’s Answer

    Generally, one has an opportunity to vacate a default judgment provided the criteria are met. If a judgment was obtained based on improper service, a vacate motion should suffice provided one can establish the improper service. If one failed to respond to a lawsuit but was properly served, a successful vacate motion will depend on establishing 1) excusable neglect (there was a good reason why the summons was not answered) and 2) meritorious defense (if the court goes through the bother of vacating a judgment, there is a substantial chance the defendant will win on the merits). Pro se persons uncommonly win vacate motions because the complexity of the law and applicable facts are rarely understood by the lay. That is why an attorney is highly recommended.

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  • If you have old personal debt from credit cards that are already a judgement can they levy your business account?

    The business account is an LLC structure and the LLC is from NJ and so is the Bank account. All previous debt was attached to me personally not to the new LLC.

    Joseph’s Answer

    Generally, assets titled in a name other than a judgment debtor cannot be merely taken to satisfy a debtor's debt. However, if a debtor owns the LLC, then a creditor can lawfully seize a debtor's membership units and then control the LLC assets. Also, if a LLC has money or assets that belong to a debtor, a creditor can garnish or levy those assets just like a bank account levy or a wage garnishment. Lastly, if a debtor is using a LLC to play games, hide, secrete, funnel, or obscure assets in the name of a LLC, a debtor may be charged with fraudulent concealment or fraudulent conveyance. Both are usually crimes and/or torts.

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  • If there is a joint bank account can one person withdraw all the money and not have to pay it back to the other

    my husband and i are having marital problems- we each have our own bank accounts and we have a joint account. he also has cash in the safe at home. he took all the cash which i have no way to prove or account for . we are close to separating. can ...

    Joseph’s Answer

    Generally, of course a spouse with his or her name on an account may withdraw all the money from the account: That's why it's called a joint account. That is the agreement both spouses made when they contracted to open the account. Generally, the bank is not responsible for figuring out the disputes of two joint bank account holders. If a divorcing or to-be-divorced spouse removed cash from a joint account, the court can account for that in the property settlement order or property settlement agreement.

    Generally, a person who is not a bank account holder should not be writing checks out for another person. However, if that other person gives permission or provides apparent authority, the bank may honor a check written by the other. This frequently occurs between spouses when they allow each other to access each other's separate accounts. They are acting as a economic marital unit.

    Generally, picking up the phone and "asking the bank to stop it" is never sufficient. A trip to the bank to discuss with a manager followed by a certified/rrr letter may be effective. In the alternative, stop payment on all outstanding checks (and check ranges), replace debit cards, and change the online account access password. Then, the other person should no longer access the account whether married or not because he or she will not have physical access. Or, just close the account and open a new one.

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  • I have my own business can my wifes lawyer audit my business. I can not afford a lawyer

    I am also getting notices that my bank account is being tampered with.

    Joseph’s Answer

    Generally, of course a divorcing-spouse's attorney can subpoena and discover banking, taxing, and business records during divorce or subsequent proceedings. That is how the justice system verifies that the other spouse is not hiding income/assets or playing paper games. It is often assumed that the person with the business is hiding income, fiddling with assets, and shuffling paper around.

    The defending spouse may use the laws of discovery objections and subpoena quashing to limit the other side to reasonable discovery practices. Then, a judge decides who can discover what and under what circumstances. Usually, one needs an attorney to effectively engage in those procedures and protect him or herself from an overzealous party on a would-be fishing expedition.

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  • Is domestic relations allowed to take a parents taxes when they claim their child?

    My husband is going to claim our daughter on his taxes, because he owes back child support of $1200 for his son from a previous relationship, can domestic relations take the credit he receives for our child? Also his son is 18 and will be filing h...

    Joseph’s Answer

    Generally, a state domestic relations agency is empowered to cause tax authorities to intercept a tax refunds. That is one way states ensure that parents who refuse to pay child support are forced to pay something.

    There may be an innocent spouse protection; however, that is between the innocent spouse and the refunding tax authority requiring legal advice. Alternatively, the innocent spouse could file a separate tax return to insulate his or her separate refund from a spouse who refuses to pay child support.

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  • Can my parents claim my child on their taxes? I haven't worked in about a year

    My ex requested that he claims my daughter for this year's tax return and court denied since she lives with me and he was only recently granted overnights. Judge knew I stopped working due to this unexpected situation BUT in school part time. So I...

    Joseph’s Answer

    Generally, a grandparent may assert a dependent exemption for a grandchild so long as the exemption requirements are met. They are complicated and explained, in great detail, in www.IRS.gov.

    As for it "going against court order," one should ask the Court. No attorney is going to anonymously advise someone that his or her proposed course of action is not going to go "against court order." Consult an attorney.

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  • Should I be worried about unpaid taxes when buying an LLC?

    If I buy an LLC, can the IRS come after me for unpaid taxes/fines/fraud accrued prior to purchase? What about payroll taxes? How can I protect myself from this?

    Joseph’s Answer

    Generally, the liabilities of a LLC follow it for as long as it exists. It doesn't matter who owns the LLC because the LLC is a separate entity. Generally, one cannot prevent liabilities from following a LLC unless it filed for bankruptcy and the bankruptcy court discharged the LLC of its liabilities.

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  • My ex husband used my personal info to open credit card account in my name. How do I get this debt transfered to his name?

    How to I get my debt that was opened by my exhusband transfered to him.

    Joseph’s Answer

    Generally, only a lawsuit with a court order could possibly "transfer" an account from one person to another under fraudulent circumstances.

    In the alternative, and generally, one should utilize the somewhat complicated ID Theft procedures described in www.FTC.gov. There, the use of police reports, Fraud Affidavits, creditor disputes, and credit reporting agency disputes can dissociate the fraudulent account from a victim's name.

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