The Cintron Firm, LLC Blog

The Basics of Prenuptial Agreements

February 5, 2019 by The Cintron Firm

If you are thinking about getting married and you’ve either been married before or you are bringing substantial assets into the marriage, you should consider drafting and signing a prenuptial agreement, so that you can protect your assets in the event of separation or divorce. Contrary to popular belief, the decision to address property issues with a prenuptial agreement is not reflective of a lack of trust—it’s a way to keep financial issues from taking center stage in your marriage, allowing you to focus on your relationship.

Do You Need a Prenuptial Agreement?

There are generally four reasons to implement a prenuptial agreement. If any of them apply to your situation, draft and sign one:

You have children from a prior marriage to whom you want property to go. Without a prenuptial agreement, your spouse may receive a greater portion of your estate than intended at your death. Of course, you can also avoid that with effective estate planning.
You want to prevent arguments about money should you separate or divorce—In a prenuptial agreement, you can specify the division of debts and assets in the event of a divorce.
You don’t want to be responsible for your spouse’s debts—You may have concerns about substantial debt your spouse brought into the marriage or has accumulated while you’ve been married. A prenuptial agreement can be used to allocate specific debt to specific parties.
You may want to clarify your financial rights during marriage—A prenuptial agreement can dictate access to assets, as well as financial responsibilities, during your marriage.

What Happens If You Don’t Have a Valid Prenuptial Agreement?

In New Jersey, if you don’t have a prenuptial agreement in place, the courts will use the principle of equitable distribution to divide marital debts and assets. Under this principle, the court will simply seek to make a distribution that’s fair (not necessarily equal), using a number of factors, including the length of the marriage, standard of living during the marriage, age and health of the parties, and earning potential of the parties (among other considerations).

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Things to Watch Out for When Buying a Car from a Dealer

January 24, 2019 by The Cintron Firm

Some of the Common Ways that a Dealer Will Mislead You

Unless you work with cars or it’s a serious avocation, you can easily be victimized by a less-than-honest car dealer. It’s not just the price, either. Here are some of the most frequent tactics that care dealers will use to try to take advantage of you:

The old “bait and switch”—This one is as old as time. The dealer advertises a vehicle that meets all your needs, at a price that can’t be beat. Unfortunately, when you get to the dealership, the car is “no longer available.” Be careful if the dealer then tries to sell you one that’s “just as good or even better.” To avoid this happening, call the dealer before you go look at the car and confirm both the offer and that the car is still there. It’s also a good idea to bring a copy of the advertisement with you.
Hidden fees or false statements about the total price—This happens on a regular basis—the salesperson quotes you a specific price and you verbally accept. When the deal is printed up, though, it includes hundreds or thousands of dollars in fees that were not previously discussed. If this happens, walk away and notify the Federal Trade Commission. It’s a violation of law.
Unwanted options or accessories—Take a close look at the sales contract and make certain it doesn’t include things you didn’t ask for or didn’t want, such as extended warranties or rust-proofing. If the salesperson told you there would be no added cost, make certain the sales agreement reflects that.
Financing irregularities—Don’t let the dealer mislead you about your eligibility for credit…know your credit score before you go to the dealer. Consider getting your loan from your own bank or credit union.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

New Jersey Wage Garnishment Laws

January 10, 2019 by The Cintron Firm

When you’re attempting to collect a debt in New Jersey, one of the first places you potentially look is at the wages of the debtor. Can you successfully garnish the wages of the person who owes you money, so that their employer will pay you directly? Here is some basic information about wage garnishment in New Jersey.

A wage garnishment, also known as wage attachment, can only be obtained through a court order. Before you can ask the court for a garnishment order, you must obtain a judgment against the debtor. There are a few exceptions—a judgment is not necessary for garnishments for child support, including child support arrearages, or for unpaid income taxes or defaulted student loans. The garnishment order will then be sent to the debtor’s employer, who will withhold the court-ordered amount of money and send it directly to you.

There are limits on how much money can be garnished from an employee’s wages. Federal law limits garnishment to 25% of disposable (after-tax) income, but states are free to impose greater limits. Under New Jersey law, a garnishment cannot exceed 10% of your income if you earn less than 250% of the federal poverty income for a household of your size. If you are above that amount of income, the limit is 25% of your disposable income. Military pay and benefits are not subject to garnishment in New Jersey.

Under New Jersey law, all child support orders since 1988 have included an automatic income withholding order and the custodial parent may be entitled to a garnishment order for child support arrearages. If the garnishment order is put in place to collect past due child support, as much as 60% of your disposable income may be garnished if you have no other spouse or child you are currently supporting.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in New Jersey who are involved in or contemplating filing for divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Happy Holidays from The Cintron Firm

December 24, 2018 by The Cintron Firm

The trust you place in us is a gift, and we are grateful. We wish you all the gifts of the
season and a peaceful, prosperous new year.

Defenses to an Eviction Proceeding in New Jersey

December 16, 2018 by The Cintron Firm

Under New Jersey law, when your landlord attempts to evict you from an apartment, there are a number of notice requirements with which the landlord must comply:

Notice requirements for failure to pay rent—Technically, there is no notice requirement if a landlord seeks to evict a tenant for failure to pay rent. If the rent is not paid by the date specified in the lease, the landlord can immediately file for eviction, though it will take some time for the eviction to be completed. However, if the landlord has allowed the tenant to repeatedly pay late, the landlord must now provide a written notice, called a “notice to cease.” If the tenant continues to pay late, the landlord must give one month’s notice, known as a “notice to quit,” before filing eviction papers.
Notice requirements for property damage or disorderly conduct—If the tenant has engaged in “disorderly conduct,” such as physical altercations with other tenants, excessive noise or other nuisance, the landlord must provide the tenant with a written “notice to cease” before taking any other actions. If the disorderly conduct continues, the landlord can seek to evict the tenant, but must first provide a three day “notice to quit.” The same time period applies if there is physical damage to the apartment.
Notice requirements for breach of lease—For all other actions which constitute a breach of the terms of the lease, the landlord must give the tenant a written “notice to cease,” specifying the conduct that is in violation of the lease. If the tenant does not remedy the breach, the landlord must provide one month’s notice with a “notice to quit” before filing any type of legal action.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

What Are Damages for Pain and Suffering?

December 4, 2018 by The Cintron Firm

When someone else has acted carelessly or negligently and you’ve suffered actual losses, you have a right to seek compensation in a civil lawsuit. Based on the types of injuries you’ve suffered, you can generally seek damages (a monetary award) for both economic and non-economic losses. Economic damages are those which are easily calculated, such as loss of income or unreimbursed medical expenses. Non-economic damages are less tangible, and typically include loss of consortium or companionship, loss of enjoyment of life, and pain and suffering. In this blog, we take a closer look at what types of recoveries are available for “pain and suffering.”

“Pain and Suffering” Defined

In any personal injury claim, there are customarily two different categories under which damages for pain and suffering fall—physical pain and suffering and mental/emotional pain and suffering. It’s important to understand that physical pain and suffering isn’t limited to physical aches and pains—it can also apply to physical limitations caused by your injury. For example, if you suffer burns that limit your dexterity or mobility, you may be entitled to damages for pain and suffering. In addition, injuries that affect your balance may entitle you to damages for pain and suffering.

Emotional/mental pain and suffering can often be a by-product of physical pain and suffering, but need not be. If you are in constant physical pain, you may experience depression, anxiety, fear, anger or other mental/emotional consequences, entitling you to damages for pain and suffering.

Determining the Value of Damages for Pain and Suffering

With pain and suffering, everyone’s experience is different, and there are no tangible or concrete factors by which the extent of your suffering can be established. Accordingly, many courts instruct juries to use common sense and good judgment when calculating damages for pain and suffering. In New Jersey, as in many states, there is precedent for juries to apply a “multiplier” to calculate damages for pain and suffering. With such an approach, the jury determines the amount of economic damages and multiplies it by a specific factor. For example, if lost wages and unreimbursed medical expenses can be calculated, the jury may multiply that total by some number (often three) to get the damage award for pain and suffering.

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Happy Thanksgiving

November 22, 2018 by The Cintron Firm

Thanksgiving asks us to count our blessings. In that tally, we include not only our families and friends, but the relationships of trust and support that we have built with our clients. We appreciate the confidence you have placed in us, and we will continue to work hard to deserve that confidence.

We hope that this holiday offers you the chance to enjoy time with the people for whom you are most thankful. Happy Thanksgiving!

Are You Responsible When Your Child Causes a Motor Vehicle Accident?

November 20, 2018 by The Cintron Firm

It’s common knowledge, backed up by statistical data, that teenagers (typically driving a family car) have the greatest likelihood of causing a motor vehicle accident. The CDC (Centers for Disease Control reports that 16-19-year-olds have the highest accident rate of any age group. A legitimate concern for many parents, then, is the extent to which they may be liable for injuries and damage caused by their children while operating the family vehicle.

Before looking at whether a parent has liability, it’s important to look at the legal requirements to prove a case of negligence (negligence is most often the legal theory upon which a claim for compensation is based). Negligence requires that you prove the following:

That a person failed to exercise the reasonably expected standard of care
The failure to exercise reasonable care caused the accident
You suffered actual loss because of the accident

Situations Where You Can Be Liable for the Acts of Your Children

There are two recognized legal theories by which a parent may be held responsible for a child’s carelessness behind the wheel of a car:

Negligent entrustment
Vicarious liability

Negligent Entrustment

Under the principle of negligent entrustment, the carelessness of a child may be attributed to a parent if the parent knew or should have known that the child posed an unreasonable or inherent risk of injury to others. With respect to an automobile accident, if a parent permits a minor to drive the family car, knowing that the minor has demonstrated poor judgment behind the wheel in the past, the parent may be found responsible. If the minor has been ticketed for speeding or for failing to stop at a traffic signal, or has been in a couple accidents, that can be introduced as evidence that the parent should have known and appreciated the risk of letting the child drive the family car.

Vicarious Liability

Under the legal principal of “agency,” if there’s an agent-principal relationship between two parties—one (the agent) who is acting on behalf of the other (principal)—the principal can be found vicariously liable for the wrongful acts of the agent, even if the principal was not present when the accident occurred. Accordingly, if a parent sends a child on an errand and the child causes an accident, the parent can be found responsible.

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New Jersey Security Deposits—An Overview

November 7, 2018 by The Cintron Firm

In New Jersey, as across the country, you can expect that when you sign a residential lease, you’ll have to put down a security deposit. There are a few good reasons why the landlord will do this. First, it’s designed to cover any actual damage to the premises beyond reasonable wear and tear. In addition, if you fail to give the landlord the required amount of notice, as required in your lease, it can cover lost rents if the apartment cannot be immediately rented to another person.

Under New Jersey law, a landlord may not require a security deposit that exceeds one and a half months value of rent, except that there may be an additional annual security deposit that may not exceed 10% of the current security deposit. When you vacate an apartment, assuming that you have given the landlord proper notice under the lease, the landlord must give you back the security deposit within 30 days. This, however, is premised on the condition that you have given possession back to the landlord, i.e., returned all keys and vacated the premises. Under certain circumstances—where there has been a fire, flood, condemnation or evacuation—you are entitled to your security deposit within five days.

In addition, you are entitled to the payment of interest for the period during which your landlord holds your security deposit. The landlord must provide notice within 30 days of receiving your security deposit, disclosing:

The name of the financial institution
The type of account
The amount of the deposit
The current rate of interest

The landlord may pay the interest in cash or give you an equal credit toward your rent.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Happy Halloween!

October 31, 2018 by The Cintron Firm