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New Jersey Consumer Law Questions & Answers
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

1 Answer | Asked in Consumer Law, Collections, Identity Theft and Internet Law for New Jersey on
Q: My company is SaaS system provider, is legal to outsource DBA job to China? to take care of customer's data?

My company is SaaS system provider, take care of customer's data, we have some bank customers in the US. but for saving money, we outsource database administrators, system engineers job to our China's branch, these engineers access the SaaS system and data remotely from China, is it legal?

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 4, 2023

Why wouldn't this arrangement be legal?

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Am I required to pay off remainder of balance if I put a holding deposit on a used car and signed bill of sale?

I found a car I thought I liked at a used car lot, so I put a deposit on it with the intention of coming back the next day. When I got there I noticed some pretty bad frame rust that wasn’t mentioned in the listing online. I no longer want the car, however when I put the deposit down the dealer... View More

Morris Leo Greb
Morris Leo Greb
answered on May 28, 2023

Demand a refund of your deposit. If not returned, contact the State of NJ Consumer Fraud Division.

2 Answers | Asked in Consumer Law for New Jersey on
Q: Can i get a full refund if i was sold a car but i didnt recieve the title yet from the dealership? The car broke down.

New jersey dealership, car broke down instantly, but dealership closed for the day

Leonard R. Boyer
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answered on May 28, 2023

There is an insufficient amount of information to provide you with a definitive answer. However, retaining an experienced civil litigation attorney can probably rectify the problem quickly and may even be inexpensive.

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1 Answer | Asked in Consumer Law for New Jersey on
Q: What does the six year statute of limitatiion mean for credit card debt in NJ? When does the time period start?

I have two judgments against me .

Peter J. Weinman
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answered on Apr 28, 2023

The 6 years start when the debt goes into default, which is usually when one misses or makes their last payment. This does not invalidate the debt or stop the creditor from trying to collect and/or reporting it to the credit bureaus - it just prevents them from using the courts to help. Be careful... View More

1 Answer | Asked in Consumer Law and Personal Injury for New Jersey on
Q: We are a restaurant and one of a staff caused dropped hot oil on the customer's leg. He sent us a cost break down of how

much the bills came out to be. It includes medical bill, doctor bill, his whole outfit and lost wage for 1 day. But the question is that the most of the medical bill was paid off with customer's plan discount. Out of $2000, $1700 was plan discount, $300 was amount owed, and the copay was $100.... View More

Gerald D. Siegel
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answered on Mar 11, 2023

There is no set rule for restaurants in the situation you describe. It sounds like you made a settlement with this customer in terms of a "plan discount". While it is honorable that you are taking care of the situation, there is nothing that you have described which gets you to a formal... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: In NJ courts, how long does a Plaintiff have to reply to an "Answer to Compliant with Counterclaims" from a Defendant?

As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... View More

Leonard R. Boyer
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answered on Feb 13, 2023

Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... View More

1 Answer | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: I purchased a file from someone privately, paid the money, but never recieved my file, he ignored me and no refund,case?

I paid through paypal, he didnt send me a file for 48 hours so i filed a refund, he then proceeded to get annoyed and told me he was sending it, but i would need to cancel the refund, i was keen on getting the file and did so, ignored me again, and i lost my ability to refund through paypal

Timothy Denison
Timothy Denison
answered on Feb 13, 2023

You’ve been scammed. Contact PayPal for instructions on how to handle.

3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Leonard R. Boyer
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answered on Dec 26, 2022

Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... View More

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for New Jersey on
Q: How do I file a counter claim in Monmouth County NJ in small claims court? I'm unable to locate the correct form.

I'm a defendant in a small claims case (New Jersey - $3,000) with a plumber. I want to file a counter claim contesting the original issue, but also file a claim for separate issues for a higher $$ value of approximately $6,000. These additional issues include violations to the New Jersey... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 26, 2022

It would be a better practice if you retained the services of an attorney. If you were to be successful in your counterclaim for consumer fraud violation, you will awarded attorney's fees.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
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answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for New Jersey on
Q: Possibly civil suit between a contractor.Owner didn’t know existed wants to talk. Do I let him In my house? He’s never

Owner never been to my house or saw the work. His uncle the Forman represented himself as owner and gave estimate. Came back 3 times over 3 months when I complained. Now I fired them and owner wants to talk to see what work they can finish and get paid for. He’s never been in my home and he’s... View More

Leonard R. Boyer
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answered on Dec 9, 2022

No you do not let him into your house at all. You need to retain an experienced civil litigation attorney who knows how to utilize the New Jersey Consumer Fraud Act (if successful you will be awarded triple damages, plus attorney fees) and the Federal Magnuson Moss Warranty Act. But you are... View More

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for New Jersey on
Q: What type of attorney do I need to handle a solar company ? Our roof leaks into 3 rooms destroying our ceilings.

They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.

Leonard R. Boyer
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answered on Dec 9, 2022

You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... View More

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
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answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... View More

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1 Answer | Asked in Small Claims and Consumer Law for New Jersey on
Q: Can I sue a company for losing my laptop?

I brought my computer in for external repair (Screen Frame replacement). The company mistakenly recycled my computer. They provided me with a new one, but it wasn't the same as the one I previously had. They also promised to recover my hard drive but have never followed up on the status of the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 26, 2022

The answer depends on many factors from how valuable your data was to you, to whether you signed a limitation of liability when you took the computer in for repair. You will probably need to setup a consultation with a lawyer and that in and of itself will cost money for the attorneys time so... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for New Jersey on
Q: Notice to enforce litigants rights

I have a judgment against a contractor who refused to return deposit. I have already served information subpoena to defendants court appearance. Now, all of his court appearances are virtual. Defendant has not responded to information subpoena within time alotted. I filed notice to enforce... View More

Leonard R. Boyer
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answered on Nov 5, 2022

You have to get a Judge to grant you permission to effectuate service by publication. But you risk the contractor being able to discharge the judgment in bankruptcy. If you cannot establish fraudulent conduct that is not dischargeable in bankruptcy then you have a real problem. There are too many... View More

1 Answer | Asked in Consumer Law and Lemon Law for New Jersey on
Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.

The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher... View More

Leonard R. Boyer
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answered on Jul 31, 2022

This question was previously asked and answered. Good luck.

1 Answer | Asked in Civil Litigation and Consumer Law for New Jersey on
Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.

The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher... View More

Leonard R. Boyer
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answered on Jul 31, 2022

It will be necessary to examine the contract you signed, but it seems like an excellent possibility that there is a violation of the NJ Lemon law, the NJ Consumer Fraud Act (which allows for payment of triple damages and attorney fees). An experienced civil litigation attorney should be able to... View More

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