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New Jersey Small Claims Questions & Answers
0 Answers | Asked in Small Claims for New Jersey on
Q: I live in NJ. I’m legal guardian for my mother with dementia who is in LTC in Florida.

I got court approval from the FL courts to transfer my mother to NJ. I asked my 2 siblings via email to help with the cost of transporting mom by medical ground transport back to NJ because my mother does not have any money. The cost is $9000 so I asked if each could give $3000. I went ahead and... View More

0 Answers | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey on
Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More

0 Answers | Asked in Small Claims for New Jersey on
Q: My father passed away 2 days before he was to move back to California with my sister and I. need help with process

In a nutshell, My father passed away 2 days before he was to move back to California with my sister and I. We need to close out his chase. Checking account that has roughly fifty thousand dollars in it, But chase is making us use New Jersey. Legal guidelines. Even though I have my father's... View More

1 Answer | Asked in Sexual Harassment and Small Claims for New Jersey on
Q: I took screenshots of a intimate conversation with a girl, was that legal, can I use them as evidence against accusation

Im from Switzerland and here as an exchange Student. A girl here is spreading lies and rumors about me very effectively. We once used to be in kind of a relationship. Now she says we used to be just friends and I started to harass her or force her into things. But I have many very privat... View More

Leonard R. Boyer
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answered on Jun 15, 2024

No one here can answer your question without more facts. Whether or not it is legal depends on numerous factors which no one can tell you based on what you stated and may be considered child porn depending on her age and what is in the pictures. Libel and slander are both hard to prove. Do not do... View More

1 Answer | Asked in Family Law and Small Claims for New Jersey on
Q: Is there any legal action I can take against my uncle for giving money from my savings to my mother without my consent?

My uncle was left in charge of a savings account for me from my grandparents. I was told that I would not be able to have access to it until I turn 25. My mother is an addict and begged him for the money from my savings and he deposited it into her account without my consent. I'm not sure if... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Mar 8, 2024

It would depend on the amount of money you are talking about. If you are under 128 then you should have your legal guardian take action. If you are 18 or older you could start with a complaint for theft with the local police department. If it is a large sum, you should contact the county... View More

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 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 Criminal Law, Employment Law, Civil Rights and Small Claims for New Jersey on
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?

Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More

1 Answer | Asked in Collections and Small Claims for New Jersey on
Q: How would a lawyer go about finding out if a business is out of business for a judgement?

Currently buying a home and a judgement from 2008 has come up. A new lawyer inherited the case and I believe the business is no longer in service. Would he be getting the lawyer fees?

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

There are several solutions to your query. Speak to an attorney experienced in real estate transactions.

1 Answer | Asked in Products Liability and Small Claims for New Jersey on
Q: I was warming my coffee cup from DD and the cup caught fire, there were no warning labels on the cup. How do I proceed?

I do this normally without problems. Standing there waiting for the coffee to warm. I saw the flames open the microwave grabbed the cup, and tossed it in the sink.

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

I hope you're okay. A question that could arise is that inexpensive, disposable cups are generally regarded as not being microwave-safe. I hope there were no injuries - there is no mention of them - but that is another question that would arise. What were the damages in terms of injuries? You... View More

1 Answer | Asked in Traffic Tickets and Small Claims for New Jersey on
Q: Got a ticket for slow speed 39.4:97.1 in NJ. I've entered no guilty plea. No priors. Can I win?

It was an internal road (not highway) and I was searching my Dermatologist's office and slowed down to take a turn. The police officer cited me for slow speed. I have entered a no guilty plea online. Want to know what will happen next? Court date is set for 6/22. This is my first offense in 7... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Impossible to predict because don't know what PD will say happened. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Civil Litigation and Small Claims for New Jersey on
Q: when you buy someone a ticket to visit you but instead they cancel and keep the credits? is this coersion/robbery??

I bought this IG Girl from Miami a plane ticket for $350. We agreed that she would come to see me on a particular day, so I booked her flight using her info, and once I did, she blocked me and has been nonresponsive ever since. i have all the corresponding texts/receipts to prove it. If I were to... View More

Leonard R. Boyer
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answered on May 3, 2023

You have been Scammed! Be glad your loss was small. Never send any money or buy plane tickets for anyone. Your losses could have been much worse. The authorities have much bigger Scammers to go after. What you have described happens just a few hundred times per day all over the country. Learn from... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: What legal action can I take to get security deposit money back from landlord owed to me?

We had an agreement with our landlord to end our lease early due to the relocatio of our jobs, He agreed to put the property on the market and when he found someone to rent it we would move. We did that with no problem but he has refused to give us itemized receipts of the so called work he had... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 21, 2023

File a complaint with Court. If you are successful, you will receive a judgment of double the amount of the improperly withheld security deposit plus your attorney's fees.

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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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More

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 Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... View More

1 Answer | Asked in Health Care Law and Small Claims for New Jersey on
Q: prepaid services/testing not rendered

If someone prepaid services (testing) to a health practitioner and was unable to go through the testing, does the client have a right to a refund (or partial refund minus the unused test kit.)

Nancy

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2022

It would depend on the terms of the prepaid plan. You could review the plan agreement and check the paragraphs about termination, cancellation, refunds, etc. Look for any additional obligations involving testing labs. If the terms of the plan agreement seem to be against you, or they do not address... View More

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