Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.
2 desired outcomes i am looking for
- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )
- refund of my money
A: You probably also want to file a civil action in the County Court.
A: This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement Contractor has a valid home improvement contract, which complies with the New Jersey Home Improvement Contractor. N.J.S.A. 56:8-136 et seq. In addition and even more significantly the contractor has clearly violated The New Jersey Consumer Fraud Act, N.J.S.A. 56:8–2 (NJCFA), which provides for an award of triple damages plus attorney fees and costs of suit. But the news for you will almost certainly turn out to be even better. It is also extremely rare for a Home Improvement Contractor to have set up a proper corporate entity so that the corporate veil can be pierced to allow the pursuit collection of the Judgment against personal assets of the contractor. There are numerous other violations of contract and other laws that are present in your situation. However, in a case of this kind, you would always be responsible for your own legal fees and court costs. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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