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New Jersey Small Claims Questions & Answers
0 Answers | 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... Read more »

0 Answers | Asked in Consumer Law, Lemon Law and Small Claims for New Jersey on
Q: NJ Consumer law question. A local appliance shop is not honoring warranties or refunds. What would be the next step?

I purchased a used electric stove from a local business. They took weeks to deliver. Promised installation and was never installed. It was left in the apartment hallway. Upon further inspection, one burner was not working. Prior to this, the sales person said it is all working perfect and said 45... Read more »

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... Read 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... Read 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... Read more »

Morris Leo Greb
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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... Read 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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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... Read 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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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... Read 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... Read 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... Read 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... Read more »

Morris Leo Greb
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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... Read 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... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

2 Answers | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: Can I file a smalls claims suit in NJ even if the home warranty contract contains an arbitration clause?

15. Arbitration. Any disputes resulting from this Agreement or any dispute resulting to Select's home service contract service

shall be construed and enforced under the laws of the State of New Jersey. You hereby submit to the jurisdiction of the courts

of New Jersey and waive... Read more »

William N. Sosis
William N. Sosis
answered on May 6, 2022

Arbitration clauses are matters of contract. In your case it's a "Home Warranty Contract". If the conduct of the party wanting to enforce the arbitration clause against you amounts to a material breach, then the court won't enforce the arbitration clause. A good remedy for a... Read more »

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1 Answer | Asked in Small Claims for New Jersey on
Q: I am being sued by a debt collector for a medical bill from September 2017. What are my options
Leonard R. Boyer
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answered on Apr 6, 2022

Depending on the amount and your overall financial situation, you may be able to fight it or it may be cost-effective to just file Bankruptcy. But there is an insufficient factual basis to provide meaningful advice.

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: My husband passed away almost 2 years ago . Recently a friend of his said my husband owes him money & he wants me to pay

There’s no contract no text messages no direct messages ! This person is very shady as well ! Do I need to pay this person ?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Mar 3, 2022

Please do not pay this claim without any proof it is a verifiable obligation of the Estate of your deceased husband. If you did not sign anything, the claim, if verifiable, would be against the Estate of your deceased husband. It sould not be your obligation.

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New Jersey on
Q: New Jersey EZ Pass Tag was stolen, used fraudulently by a company hauling heavy equipment, can I take legal action

I want to find out who did this, causing me months of stress and anxiety.

Leonard R. Boyer
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answered on Jan 2, 2022

Yes you certainly can take legal action both civilly and through the criminal justice system. How to determine who stole the EZ Pass may require retains a private investigator. Once that is determined and you have proof, then an experienced civil litigation attorney can review all your... Read more »

1 Answer | Asked in Small Claims for New Jersey on
Q: I was apart of the Atlantic county Strip Search class action. I filed my claim for payment and never received it.

My notice number is 15047-703860060-002-001-01

Leonard R. Boyer
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answered on Jan 3, 2022

You need to contact the Class Action law firm. Typically most Plaintiff's in a class action lawsuit gets very little.

1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Q: How do I claim solar panels that were illegally placed on my roof in 2016 without permission while I was on vacation?
Morris Leo Greb
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Morris Leo Greb
answered on Mar 19, 2021

Outside of a written demand, your only recourse is to file suit. IHowever, it is my opinion that filing suit will be fruitless.

1 Answer | Asked in Consumer Law, Education Law and Small Claims for New Jersey on
Q: Can a law firm charge undisclosed fees to my original balance on a student loan institutional debt?

Original debt is $2500. Has received more than $3800 in payments via state tax returns and has not released lien on School Transcript and still claims I owe despite paying over $3800. Has not given any paperwork related to my file despite repeated request. Was condescending when requested and even... Read more »

Leonard R. Boyer
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answered on Mar 10, 2021

Your situation would have to be determined in an in person consultation and review of all relevant documents. Depending on what is learned from that, you MAY have a cause of action under the Fair Debt Collection Practices Act. Sometimes a simple but strong letter from an experienced civil... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Feb 10, 2021

Yes it is automatic once judgment is entered

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: A corrupt third-party ticket company refuses to give me a refund for a canceled concert

My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 5, 2021

You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... Read more »

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