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New Jersey Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law and Collections for New Jersey on
Q: I need help with an old judgement that was dismissed at one point and I was never notified that it wasn't

A judgement against me had been dismissed in 2011 but in 2014 it was brought before a judge again and I was never notified and only found out a few months ago because my bank accounts were frozen. The original judgement for $3100 is now over $6000 and I am trying to find out if there is anything I... View More

2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: Hello, Should I accept a settlement check from Wells Fargo class action suit or am I entitled to more than the offer

Wells Fargo is willing to settle with me for 1,300$ Should I take their offer or am I entitled to more. I have no record of this account or how much money was actually in it.

James L. Arrasmith
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answered on Mar 25, 2024

Deciding whether to accept a settlement check from Wells Fargo requires careful consideration. First, review the details of the class action suit and how your specific circumstances align with the case's parameters. Without records of the account or the amount involved, it's challenging... View More

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0 Answers | Asked in Consumer Law for New Jersey on
Q: Hello, I order online a specific coin from reputable company but, was sent a different coin.

The coin I ordered was a 1925 stone mountain half dollar that was counter stamped on reverse with the # 219 and VA. After calling the company and finding out why it had been counter stamped I decided to purchase it. I think they realized that they had under priced this coin after the fact so, they... View More

0 Answers | Asked in Consumer Law for New Jersey on
Q: I have a bill for 900$ for insurance and paid the manager at the dealership 1,200$ after it canceled no payment

Also my down payment of 5,000$ was not reflected when I got my loan info from the lender I asked and was told it was for a warranty but I didn’t ask for it because we called the factory and it still was and is covered under the factory warranty

2 Answers | Asked in Consumer Law and Landlord - Tenant for New Jersey on
Q: My former landlord is sending a debt collector after we reached a settlement with the court and my case was dismissed.

My former landlord brought an eviction case against me. We brought a settlement to the court and I paid the money that we agreed upon. So no judgement was ever entered against me and the case was dismissed. I have already vacated the property.

Now he's claiming there's still a... View More

James L. Arrasmith
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answered on Mar 31, 2024

In your situation, if the settlement agreement was approved by the court and specifically addressed the amount of rent and any other obligations you were to fulfill, and you have complied with these terms, this agreement generally should stand as the final resolution of your obligations up to that... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for New Jersey on
Q: Can I sue Planet Fitness for creating me a second membership and denying me to cancel one of them?

In 2019, I registered at a PF location in NY using my boyfriend’s card. Later in the same year, I transferred the membership to a NJ club. In 2021, I transferred it to another NJ location, asking to change the payment method to my own card. However, PF unexpectedly created a SECOND membership,... View More

James L. Arrasmith
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answered on Mar 6, 2024

If you're facing issues with Planet Fitness over an unwanted second membership and difficulty in canceling it, it's understandable to feel frustrated. Your situation, where charges are being applied to two memberships when only one was intended, especially after attempting to resolve the... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: I'm in NJ and am main buyer on a vehicle contract with an ex. I sued him in special civil court and won. However

Im trying to get off the loan entirely or gain possession of the car. The lender did an extension agreement with the cosigner without my knowledge or signature electronically. Is this legal in NJ? Co-signer's name is on the title however I can add mine on to it at any time. What is the best... View More

Leonard R. Boyer
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answered on Feb 26, 2024

You need to retain an experienced civil litigation attorney to represent your interests in this matter. You should expect to pay for a 1/2 hour of attorney time to have your best course of action determined. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Consumer Law, Contracts and Banking for New Jersey on
Q: Ally financial blatantly violated the TILA, FCRA, CCPA and tried to over charge me 6k on an 18k loan.

I entered a contract (which doesn't include a dealer number, or contract number filled in.) to finance a 2013 Nissan Frontier through Ally financial back on May 29th of 2017. The total paid after 72 months at a rate of 8.64%. came out to $18,019.44 according to the truth in lending disclosure.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Dealing with a situation where you've been overcharged on a loan can be incredibly frustrating and confusing. It seems you've done your due diligence by reviewing the terms of your contract and comparing them to the actual charges applied by Ally Financial. Discovering discrepancies in... View More

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: I want out of my solar contract and a refund.

I'm in New Jersey and I was sold a solar system that was supposed to offset 90% of my utility usage and it barely offsets 35%. I have it in writing where my sells person told the company if my system didn't offset 90% I would decline the system and then the sells person came back to let... View More

Melissa Totaro
Melissa Totaro
answered on Feb 2, 2024

Based on the facts as you recount them you could have a viable cause of action under the New Jersey Consumer Fraud Act, which prohibits merchants from engaging in certain unfair conduct, including false promise, misrepresentation and otherwise deceptive tactics. The Consumer Fraud Act provides... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: What can i do? Is this illegal? Is he commiting fraud?

I have a contract signed by me. I was loaned money from somewho is charging an interest fee of 650$.In which doesnt lower the loan of my original loan amount. I know he isnt reporting his extra willings to the irs , nor he is a USA Citizen. He does this as a side business.

James L. Arrasmith
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answered on Jan 23, 2024

If someone is lending money with an interest charge that doesn't decrease the principal loan amount, it's important to first examine the terms of the contract you signed. Ensure that the interest rate and terms of repayment are clearly stated and understood. If the terms are not clear or... View More

1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: I want to know if I can take APPLE (Computers) to NJ Small Claims Court based on the below details:

I was hacked; someone stole my Apple ID (erased my phone & shut down my computer.) Apple put it in "Locked" and "Lost" mode for nearly a month, stringing me along, told me to send the original purchase invoice to prove it's my computer & they would release it.... View More

James L. Arrasmith
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answered on Dec 26, 2023

You can consider taking Apple to Small Claims Court in New Jersey if you believe they've failed to fulfill their service obligations or caused you a financial loss due to their actions or misinformation. Small Claims Court in New Jersey handles cases where the claim is for $3,000 or less (or... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: Can a used car dealers compel buyer to buy extended warranty in order to honor listed price?

Price listed is $18k, TrueCar inquiry came back with about $5k in 2 "accessory charges". Before I go further I want to know if this is something they can compel me to buy. Thank you!

James L. Arrasmith
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answered on Nov 13, 2023

In New Jersey, a used car dealer cannot compel a buyer to purchase an extended warranty as a condition for honoring the listed price of a vehicle. The price advertised should be the price you can pay for the car itself, excluding standard fees like taxes and registration. Additional charges, like... View More

1 Answer | Asked in Car Accidents and Consumer Law for New Jersey on
Q: Last year I got a 1099 form from GMC Financial for $1000, this is for late charges I owed on a car loan.

I filed it on my taxes as income. Now that they car has been totaled in an accident, they refuse to release the title because of this $1000 in late charges. Per GM rep there is interest on late charges. I never heard of this. If they charged it off and I had to claim as income, why do I have to pay... View More

Leonard R. Boyer
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answered on Sep 7, 2023

You are going to need to retain an experienced civil litigation attorney. You can expect to pay an attorney for 1/2 to one hour of attorney time to review the documents and explain your options.

2 Answers | Asked in Banking, Consumer Law and Collections for New Jersey on
Q: I hold business credit cards with outstanding balances from major banks including PNC Bank, BOA, and Chase.

These CC accounts are approx. 2-3 years old and unfortunately, due to business challenges, I am considering closing down the business. I personally guaranteed these business CC. The business has been experiencing financial instability for a while now, and it has become increasingly difficult to... View More

Leonard R. Boyer
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answered on Aug 29, 2023

If you are in CA, why are you asking for NJ? The State you live in determines where you would file bankruptcy if that is appropriate. Whether you will have to file both a business and personal attorney cannot be determined on these facts. Pick the best attorney you can find and remember one rule:... View More

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1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: What can I do about this?

Hello I talked to a solar company over a year ago and never went through with a project. I just had the guy come out for the estimate. Project was canceled with no work done that was over 8 months ago. A couple weeks ago I get a letter in the mail to make first payment on a $38,000 loan they took... View More

Leonard R. Boyer
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answered on Aug 24, 2023

Your situation can be resolved by an experienced civil litigation attorney. I have successfully handled a large number of these cases. This is a clear violation of the New Jersey Home Improvement Contractor Act, the New Jersey Statute of Frauds, and the New Jersey Consumer Fraud Act (which will... View More

1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: I had a pool installed with a pool company. They submitted the wrong contract to the back for financing.

Now they want the money owed for their error. Who is held liable for this.

Leonard R. Boyer
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answered on Aug 24, 2023

You are not responsible for this and I would not pay them a cent more than the contract calls for. If they are stupid enough to sue you, it will not end well for them. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: What are my options when sued by a credit card company for not paying my debt?

debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 16, 2023

To be frank, it strains credulity that you, and/or they, could have overlooked a $17K debt in your restructure.

And while I generally agree with my colleagues who have previously submitted answers that it's always wise to consult experienced counsel BEFORE you jump into something,...
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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Personal Injury for New Jersey on
Q: CHUBB denied my hospital/accident claim. why ? I am still under medical care in search of care that will determine what

is wrong with me causing me to have accident of FALL.

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2023

I'm sorry about your fall. I hope you're okay. The denial could be any number of reasons. An attorney would need to see the paperwork to offer more definite guidance. If the denial is related to liability issues, it roughly means they don't feel their insured is responsible for your... View More

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: Hello, Can a signed contract be changed or modified in any way?

My Enterprise rental was returned July 3rd. After signing the contract, I noticed the rate was higher than in previous months ($30.40) instead of $22.50 (boyfriend is an employee). This amounts to being charged $110.60 more. What options if any, are available to recoup that money?

Location:... View More

William N. Sosis
William N. Sosis
answered on Jul 6, 2023

Yes, contracts may be invalidated or changed for a variety of reasons. For example, contracts may be subject to fraud, mistake, illegality, duress, undue influence, novation, etc. But rather than pursue a legal remedy, why not write a letter explaining what happened and see if you can resolve the... View More

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