Simon, Monahan & Simon L.L.C.Comprehensive Legal Services From Attorneys Who Get Results2026-09-29T10:18:48Zhttps://www.simonmonahanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501553/2020/04/apple-touch-icon-75x75.pngOn Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[How to recognize a business partner’s breach of fiduciary duty]]>https://www.simonmonahanlaw.com/?p=473392026-09-29T10:18:48Z2026-09-29T10:18:48ZWhat actions indicate self-dealing?
Self-dealing happens when a partner uses their role to gain personal benefits at the business's expense. New Jersey law requires partners to follow duties of loyalty and care, subject to the partnership agreement and applicable law. A partner who takes a business opportunity for a separate venture or makes deals that favor their own interests may breach these duties.
Courts may look at whether the partner disclosed the conflict and got informed consent from the other partners. Secret deals that unfairly benefit one partner may point to a breach of fiduciary duty. Unusual payments or transfers to businesses controlled by a partner may also raise concerns.
How can hiding information signal a breach?
Partners have duties to share key information about the business. A partner who withholds information that another partner reasonably needs to carry out their role may raise concerns about a breach of duty. This can prevent other partners from making informed decisions about the business and its risks.
Missing records or resistance to routine accounting practices may signal that a partner is hiding information. A partner who blocks access to business records or keeps separate records may be trying to conceal their actions. Such conduct may serve as evidence of business misconduct.
Taking the next step
If you suspect a partner has breached their fiduciary duties, keep all relevant records and messages. An attorney who understands partnership law can explain your legal options and help you decide what to do next.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[What to expect at a New Jersey final restraining order hearing]]>https://www.simonmonahanlaw.com/?p=473342026-09-18T11:35:53Z2026-09-18T11:35:53ZThe hearing follows the temporary order quickly
After the court issues a temporary restraining order, New Jersey law requires a final hearing within 10 days. At that hearing, the judge hears both sides, reviews the evidence and controls the order of testimony. Preparing a simple timeline before court can make dates and events easier to explain.
The judge must make two findings
The court does not grant a final order automatically. The judge must decide whether the other party committed a legally recognized act of domestic violence and whether a final order is needed to protect against future harm.
The judge uses the preponderance of the evidence standard, which means the evidence more likely than not supports the request. The New Jersey Courts website explains what happens at this hearing.
Records and testimony can affect the outcome
A party at the hearing may testify, call witnesses and offer text messages, photographs, medical records or other documents. The other side may challenge that evidence and the judge may ask follow-up questions about specific events.
Organized records and a written timeline can make testimony easier to follow and less vulnerable to challenge.
The order can affect several parts of daily life
A final restraining order can block contact, give one party possession of a shared home and require the surrender of firearms or other weapons. If the judge denies the request, the temporary order ends when the hearing concludes.
If custody, parenting time or support issues overlap with the restraining order, related family law concerns in New Jersey may also need attention. An attorney who handles domestic violence matters can review the facts, organize the evidence and explain what the judge is likely to consider.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[How New Jersey classifies and penalizes shoplifting charges]]>https://www.simonmonahanlaw.com/?p=473312026-09-18T05:58:46Z2026-09-18T05:58:46ZHow New Jersey grades shoplifting charges
New Jersey classifies shoplifting offenses based on the worth of the property taken:
Under $200: Disorderly persons offense
$200 to $499: Fourth-degree crime
$500 to $74,999: Third-degree crime
$75,000 or more: Second-degree crime
Each tier carries its own set of penalties, and even the lowest classification can result in jail time and a permanent record.
Penalties for shoplifting convictions in New Jersey
A shoplifting conviction in New Jersey can result in fines, court costs, restitution and jail time. Those found guilty of the lowest-level charge may face up to six months in jail on a first conviction. Indictable offenses carry longer potential sentences, ranging from up to 18 months for a fourth-degree crime to up to five years for a third-degree crime and up to ten years for a second-degree crime.
Under New Jersey law, a third shoplifting offense carries a mandatory minimum jail sentence. The relevant statute sets a required minimum period of incarceration that courts are generally not permitted to reduce below a fixed threshold.
How a shoplifting conviction can affect your record and future
A shoplifting conviction carries consequences that go beyond fines and jail time. The record can appear on background checks and may create barriers to future employment or obtaining certain professional licenses. In some situations, a person with a qualifying conviction may seek expungement once the required waiting period has passed, though specific conditions must be met.
Diversion programs for New Jersey shoplifting charges
Depending on the circumstances, some individuals facing shoplifting charges in New Jersey may qualify for diversion programs such as Pre-Trial Intervention for indictable offenses or Conditional Dismissal for eligible first-time disorderly persons charges. These programs may allow eligible first-time or qualifying offenders to avoid a permanent conviction.
In New Jersey, the value of stolen merchandise determines the level of shoplifting charges. The consequences grow more serious at each tier. A prior conviction can also increase the penalties. Those facing charges should understand which tier applies to their case and whether a diversion program may be an option.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[What is a lis pendens and how does it affect real estate closings in New Jersey?]]>https://www.simonmonahanlaw.com/?p=473292026-08-24T20:36:56Z2026-08-24T20:36:56ZWhat a lis pendens is
Lis pendens is Latin for "suit pending." Under state law, a notice of lis pendens is recorded in the county clerk's office where the property is located. It is not a monetary lien or a court judgment. It is a public notice that an active lawsuit exists that could directly affect the property's title or ownership.
Recording a lis pendens serves two purposes. It puts future buyers and lenders on notice that the property is in litigation, and it binds anyone who acquires the property after recording to the outcome of that lawsuit.
When a lis pendens can be recorded
In New Jersey, a lis pendens cannot be filed for standard money disputes. It is limited to lawsuits where the plaintiff claims an actual interest in the real estate itself. Common situations include:
Mortgage foreclosures: lenders record a lis pendens at the start of judicial foreclosure proceedings to preserve priority
Specific performance claims: when a seller backs out of a contract, the buyer may sue to force the sale and record a lis pendens to prevent a competing transfer
Boundary and ownership disputes: quiet title actions, partition suits, or disagreements between co-owners or neighbors
Construction lien enforcement: lawsuits seeking to enforce a mechanics' or construction lien against a property
Each of these involves a direct claim to the property rather than a general request for money damages.
How it affects your closing
An active lis pendens will stop a closing. Title companies will not issue a clean policy, and lenders will not fund until the dispute is resolved. Resolution requires either a voluntary discharge filed by the plaintiff after settlement, or a court motion if the plaintiff cannot demonstrate a valid claim to the property.
If a lis pendens has been found on a property you are buying or selling, a real estate attorney in New Jersey can help you evaluate your options and protect your transaction.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Should both spouses file for bankruptcy together?]]>https://www.simonmonahanlaw.com/?p=473282026-08-07T09:28:22Z2026-08-07T09:28:22ZIndividual versus joint filing
Because New Jersey is a common law state, you keep debt and asset ownership separate unless you clearly share them. Here are the key differences between individual and joint filing.
Filing individually (one spouse):
Credit protection: A bankruptcy filing generally appears only on the filing spouse's credit report, although joint debts may still affect the non-filing spouse.
Asset safeguards: Property owned solely by the non-filing spouse may, in some circumstances, be outside the bankruptcy estate, depending on applicable law and the facts of the case.
The joint debt warning: A discharge generally eliminates the filing spouse's personal liability for qualifying debts but does not eliminate the non-filing spouse's liability on joint debts.
Filing jointly (both spouses):
Potentially broader relief: Erases qualifying individual debts for both partners as well as all shared liabilities, subject to the requirements and limitations of the Bankruptcy Code.
Cost-effective: Requires only one court filing fee and typically lower overall legal fees than two separate cases.
Double exemptions: Allows married couples to jointly file to claim double exemptions, potentially protecting a greater amount of shared assets.
If debt belongs to one person, that spouse can file individually without dragging their partner into bankruptcy. However, if the account was opened jointly or co-signed, creditors can still pursue the non-filing spouse for 100% of the remaining balance.
Making the right choices
The best bankruptcy option for you usually depends on how much debt you share with your spouse versus how much you owe on your own. Seeking the guidance of a skilled bankruptcy attorney could help you understand your legal options and protect your financial future.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Why do DIY wills often fail in court?]]>https://www.simonmonahanlaw.com/?p=473272026-07-17T14:03:16Z2026-07-17T14:03:16ZDid you fix your dryer just by watching a DIY video on YouTube? Fantastic. Do you want to do the same with your will? Be careful! Even a small mistake can invalidate your entire document, leaving your beneficiaries in a legal nightmare. In fact, many DIY wills have failed in New Jersey courts. Here is why.
Ambiguous language
If you are preparing a DIY will using an online template, it might give you the boilerplate legal language. Unfortunately, that is not enough. Without a clear grasp of the nuances, things could backfire. You may omit critical terms or fail to name alternate executors.
Faulty execution
New Jersey courts take wills seriously and have strict requirements in place that have to be met before they deem any legal document valid. Before reviewing the written content of the document, a court might focus on the process of will execution. A small misstep during execution can lead to scrutiny by the judge. For instance, the court expects the testator to sign the document in the presence of at least two witnesses, who must also sign it. If you fail to follow these exact signature protocols or if your witnesses happen to be one of the beneficiaries, the court may dismiss your entire will.
Lack of clarity in asset classification
Not all assets can be passed down through a will. Many people mistakenly include assets that already have designated beneficiaries, such as 401(k)s or life insurance policies. DIY wills frequently fail to distinguish between probate and non-probate assets. Furthermore, the lack of clarity regarding tax complications may lead to conflict during the execution of the will.
Don’t risk it
Unlike most other DIY projects, you may not always be around to fix a will if any issue arises later. A single technical error can invalidate your entire document, leaving your loved ones exposed to a costly courtroom battle. Do it right the first time by having a legal guide experienced in crafting an estate plan in your corner. ]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[When medical debts start to affect everyday life]]>https://www.simonmonahanlaw.com/?p=473262026-07-14T16:26:23Z2026-07-14T16:26:23ZEveryday decisions might start to change
Medical debt can impact financial decisions. The money that could have been used to build savings, purchase groceries or cover household expenses might suddenly be needed to pay hospital bills instead. Some families can find themselves:
Using credit cards to cover everyday expenses
Putting off home or car repairs
Delaying follow-up medical appointments because of cost
Falling behind on regular monthly bills
These tactics can lead to further financial difficulties.
The non-financial impact of medical bills
Hospital bills can take an emotional toll. Constant stress over unpaid notices, angry collection agencies and future treatment bills can make it nearly impossible to sleep soundly, focus at work or have a normal family life. Severe anxiety and mental strain increase along with the medical debt.
The research published in the American Journal of Medicine found that adults dealing with medical debt are at increased risk of poorer physical and mental health. That study also linked medical debt to delayed medical care and greater financial hardship, meaning the impact extends beyond unpaid bills.
Consider debt relief options
For some individuals, bankruptcy serves as a legal tool to help manage overwhelming medical debt. This step usually happens when other financial solutions are no longer enough to keep up with the bills.
One common option for individuals is Chapter 7. This form of bankruptcy, also known as liquidation, can result in the removal of certain debt. Medical debt often qualifies. Whether this path makes sense depends on several factors, including income, assets and total debt.
Bankruptcy is not the right solution for every financial problem. However, for people struggling under massive medical bills, learning whether the process could work for their situation can provide clarity on the path towards financial stability.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Can you be evicted from an illegal apartment in New Jersey?]]>https://www.simonmonahanlaw.com/?p=473222026-06-19T14:09:18Z2026-06-19T14:09:18ZIf your landlord is trying to force you out of his illegal apartment, you have to know your rights. Even though an apartment is illegal, you are still protected by renters’ rights. In other words, the landlord has to follow the formal eviction procedures.
Your eviction rights still matter
It is not uncommon for homeowners to convert a basement or attic into a rental unit without proper town permits. When zoning violation laws finally catch up to them, you don’t have to bear the brunt of their risk-taking. In situations like this, the property owner generally must obtain a court order to lock you out of the house. Until they obtain that order, they may not:
Change the locks to bar you from the property.
Shut off utilities like water, gas or electricity.
Remove your belongings or force you onto the street.
Any shortcut your landlord takes to bypass the court system may lead to legal action.
Relocation compensation under New Jersey law
If the homeowner succeeds in getting the court order to vacate the apartment for bringing the apartment into compliance, you may have to vacate the apartment pursuant to the court's order. Nevertheless, in situations like this, New Jersey law dictates that the homeowner pay the tenant relocation fee that is equivalent to six months' rent. Furthermore, if the homeowner tries to evict you under the guise of non-payment of rent, you can still contest the action. Depending on the circumstances and applicable law, the landlord may owe you relocation assistance. Based on the landmark New Jersey Supreme Court ruling in Miah v. Ahmed, a landlord usually cannot offset this mandatory six-month relocation compensation against any back rent they claim you owe.
Why legal guidance may be valuable
While facing eviction, you will be under immense stress. However, with legal guidance, you may be able to manage the situation better, as a real estate attorney can help you evaluate your case, understand your rights and determine better strategies moving forward.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[What are alternatives to litigation?]]>https://www.simonmonahanlaw.com/?p=473202026-06-08T13:18:39Z2026-06-08T13:18:39ZWhat is alternative dispute resolution?
Alternative dispute resolution (ADR) refers to any method of settling a business dispute outside of court. These processes allow parties to straighten out disagreements through structured discussions. ADR methods typically cost less, conclude faster and remain confidential compared to public court proceedings.
Business owners are choosing this option because it gives them more control over the outcome. Unlike a judge's ruling, ADR solutions often reflect creative compromises tailored to each party's specific business needs.
Mediation and arbitration
The two most common forms of ADR are mediation and arbitration, and they work very differently. Mediation involves a neutral third party who helps disputing parties reach a voluntary agreement. The mediator does not impose a decision but helps productive dialogue. This approach works well when both sides want to maintain a business relationship.
Meanwhile, arbitration resembles a private trial where an arbitrator hears evidence and issues a binding decision. While more formal than mediation, it still offers more flexibility and privacy than traditional litigation.
Know when litigation is worth it
It is vital to know when to push for a trial and when to skip it. Out-of-court options may help you save resources cash, but they fail if the other party refuses to cooperate. It is wise to look at the big picture so you only initiate a lawsuit when the payoff is clearly bigger than the risk.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Will I lose my CDL after a DUI conviction?]]>https://www.simonmonahanlaw.com/?p=473182026-05-28T13:59:36Z2026-05-28T13:59:36ZDrunk driving leads to a suspended CDL
New Jersey law mandates a one-year loss of commercial driving rights for a first-time driving under the influence (DUI) conviction while operating any vehicle. This fine applies even if you were driving your personal car when the incident occurred.
Meanwhile, a second conviction in a passenger vehicle carries much harsher penalties. This offense results in a two-year suspension of your basic license and the permanent revocation of your CDL.
Reinstating a suspended CDL
If you face a lifetime commercial license disqualification, there is a specific pathway to seek relief. In the state, drivers with a lifetime suspension can submit a formal Lifetime CDL Suspension Reinstatement Application.
You may submit your application, along with all required supporting documentation, directly to the Motor Vehicle Commission via mail, email or fax. Once received, authorities conduct a thorough review to ensure the applicant satisfies all statutory criteria for restoration.
Following this evaluation, you will receive a formal written notification stating whether you are allowed to get back on the road.
That said, your eligibility for the application depends on the specific nature of the offense and your overall driving history. Most drivers must complete the full term of their suspension before they can request their commercial license back.
Getting back on the road after a drunk driving charge
Facing these charges feels overwhelming, but clear information provides a path toward resolving your difficult situation. It is recommended to complete your required suspension time and attend all mandatory programs required. This way, you have a better chance of getting back behind the wheel and securing your livelihood.]]>