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New Jersey Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant, Criminal Law, Real Estate Law and Small Claims for New Jersey on
Q: My vehicle was towed off of a private property without my knowledge or consent. Us this legal in New Jersey and what typ

*type of action can I take ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 31, 2017

Parking a car on someone's private property technically results in a trespass which could have subject you to a possible criminal/DP charge and if it was left for an extended period of time could also result in abandoned vehicle ticket.

1 Answer | Asked in Contracts, Medical Malpractice and Small Claims for New Jersey on
Q: Can the doctor fine me a 24-hr cancellation fee for an appointment their office mistakenly cancelled within 24 hours?

I switched insurances and because my doc was out of network I had to change docs.Then, a year later, I got a new job and she was back in my network so I made an appointment with her via ZocDoc (a 3rd party app).

The night before, I had to cancel and reschedule on Zocdoc.Unbeknownst to me,... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 6, 2017

You have a good argument on your side, but a lawyer would need to see your original signed cancellation agreement to know what your rights are, plus the zocdoc policy. This review would probably cost more than just paying the $100 fee to the doctor.

1 Answer | Asked in Contracts, Medical Malpractice, Small Claims and Health Care Law for New Jersey on
Q: After switching doctors and then coming back 1-2 years later, are the forms/contracts I signed initially still valid?

I switched insurances and because my doc was out of network I had to change docs.Then, a year later, I got a new job and she was back in my network so I made an appointment with her via ZocDoc (a 3rd party app).

The night before, I had to cancel and reschedule on Zocdoc.Unbeknownst to me,... View More

Leonard R. Boyer
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answered on Dec 7, 2017

Call State Board of Medical Examiners. William Roeder

Executive Director

Board of Medical Examiners

P.O. Box 183

Trenton, New Jersey 08625

Tel No. (609) 826-7100

They should be able to fix your problem.

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Animal / Dog Law for New Jersey on
Q: Can a veterinarian make you apply for a credit card before working out a payment plan if you refuse the card app?

I had a sick dog and the vet was willing to see the dog. I explained I couldn't afford the bill this month but I would be able to pay it off next month (which I have done this before with my vet and they never had a problem with doing this), only this time, I was told that I had to apply for... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 30, 2017

The fact is by law the vet does not need to offer you a payment plan and can demand payment at or before services are rendered, thus anything that allows you payment after service is as a courtesy.

1 Answer | Asked in Criminal Law and Small Claims for New Jersey on
Q: I paid for something & have a receipt but it is not being honored, can I sue or press charges?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 3, 2017

Yes, you can sue, but suing someone is not cheap so the item should be worth considerable value and don't forget about valuing your time also.

1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Landlord is claiming I owe them to replace a hallway carpet 2 months after we moved out.

They sent me an email detailing a charge to replace the entire hallway (~1000 sq ft) carpet 2 months after we moved out because my dog had an accident in one are 6 months ago and the smell was supposedly unable to be removed. Am I legally required to pay for the full replacement cost?

Marcel Wurms
Marcel Wurms
answered on Sep 27, 2017

If they can prove that you caused damage to the carpet, then you are responsible for the damage. I would challenge them that they couldn't get the smell out. Also determine the age of the carpet, and try to argue that the carpet was depreciated.

Disclaimer: The provided information...
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1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Do I have a tenancy descrimination case? Can it be a class action case? Can landlord eliminate grace period?

As of January 26, 2015 a new landlord real estate investment llc bought this 124 unit garden apartment complex I’m staying at for over 13 years. October 2015 landlord gave new leases. Due date December 1st. Tenants with 10+ years occupancy received 4% "reasonable" increase under town... View More

Marcel Wurms
Marcel Wurms
answered on Sep 20, 2017

A new lease can not take effect until the old lease term is over. Assuming it is, and that your written lease has turned into a month to month lease, then the 45 days notice was sufficient.

As far as whether the increase was reasonable, the landlord has the burden of proof that the...
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1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: Hello my name is Alero. I recently graduated high school and I went to prom. The day before prom my original dress maker

Told me that he had nothing for me to wear on my prom day. I went home sad but my hair dresser told me she knew someone to make something for me. The lady came and got my measurements and I told her I only had 200 dollars and she said okay. Two days later she texts me and says I owe her 150 more... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 28, 2017

You posted this question incorrectly, you put it under criminal law it should be under civil litigation. I suggest you repost this question under civil litigation to get more responses.

2 Answers | Asked in Car Accidents, Small Claims, Criminal Law and Traffic Tickets for New Jersey on
Q: My vehicle was hit by a woman while parked and unoccupied, now she is not responding, what can i do?

My car was parked and unoccupied when a woman backed out of her driveway and hit my drivers side door on 5/6/17. She knocked on the door of the home i was in and let me know. She claimed to not have her insurance on her that she would get it to me asap. I waited and kept in contact with her through... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 7, 2017

If you notified the police and told them that the person left the scene they should issue her a ticket for leaving the scene and failure to report the accident.

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1 Answer | Asked in Real Estate Law, Civil Rights, Small Claims and Landlord - Tenant for New Jersey on
Q: Apartment tenant wants to call cops and sue me for smoking outside the apartment.

My apartment has smoking pole outside where tenants smoke. One tenant came up to me saying I need to leave because I can't smoke there. I told him there is smoking pole and there is no notice not to smoke. Can he sue me and what should my action be?

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 20, 2017

Probably can't sue you and win much money, but call cops yes, and some towns have ordinances in which you cannot smoke within 50 or 100 feet of any building.

1 Answer | Asked in Criminal Law and Small Claims for New Jersey on
Q: Reside in NJ. New homeowner, UPS left a t-mobile package in my front step. correct address, but wrong name. keep it?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 28, 2017

If it is not yours and you did not order it, return it immediately otherwise you could be charged with theft. I would call UPS and request return instructions immediately.

1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Q: I Purchase house in Plainfield NJ , floreclosure property as occupied house. Some one not previous owner lives there

will not pay rent , does not answer door or phone call what to do

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2017

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. Retain a... View More

1 Answer | Asked in Municipal Law and Small Claims for New Jersey on
Q: Can I sue a NJ Municipality in Small Claims Court for property damage?
William N. Sosis
William N. Sosis
answered on Mar 26, 2017

Your question is fact sensitive. I would need more information to answer. You can contact me for a free phone consultation.

2 Answers | Asked in Small Claims and Car Accidents for New Jersey on
Q: Is a city liable if a city owned tree fell and damaged a vehicle ?

What if the city was notified that the tree was dead?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2016

It is possible, but more facts are necessary. If you need to retain counsel, you will at all times be reasonable for your own legal fees and court costs.

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1 Answer | Asked in Medical Malpractice and Small Claims for New Jersey on
Q: Can I file a small claims suit on my dentist for additional treatment done without my knowledge and forced me to pay?

During yearly dentist checkup, I was told that I need root canal treatment for two teeth and deep cleaning, which costs me $1300 after my insurance coverage.

I paid $1300 before treatment. After the treatment, they told me to come after 2 weeks for crown insertion. When I went after 2... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

It's possible. A lot will be "he said she said." Start by getting a new dentist. Don't get into much as to why. Get your records from the old one. Make a copy.

1 Answer | Asked in Small Claims and Family Law for New Jersey on
Q: As the non-custodial parent can I file a small claims suit against the custodial parent for expenses visiting my kids
Leonard R. Boyer
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answered on Jun 18, 2016

NO! There is no basis for such a suit.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Small Claims for New Jersey on
Q: Can I take a person to court if they damaged the property I reside at, which I do not own. There were $600 in damages

This is my son friend, which he owned a 4-wheeler and now holds my son part responsible, can I sue him for damages?

Leonard R. Boyer
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answered on May 20, 2016

Sure you can, but proving your case may not be easy. Good luck.

1 Answer | Asked in Small Claims for New Jersey on
Q: How do I get a small claims case dismissed for lack of jurisdiction (out-of-state Defendant with no minimum contacts)?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2016

There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.

1 Answer | Asked in Small Claims for New Jersey on
Q: What is the process to dismiss a small claims case for lack of jurisdiction (out-of-state D w no minimum contacts w NJ)?

I already filed and won the motion to vacate the default judgment that had been entered against them (and argued lack of jurisdiction then) but the judge restated the matter for a trial with less than two weeks notice so I think I will just show up and argue it then (but should I file a Motion to... View More

Leonard R. Boyer
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answered on Feb 18, 2016

Unless it would not be cost effective, you should retain counsel to represent you. Good luck.

1 Answer | Asked in Small Claims for New Jersey on
Q: If i remove someone from my account due to issues with them paying on time, can i take them to small claims courts and

have them cover the cost of the removal (cost of breaking lease plus balance of remaining time on lease totaling $610)

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2015

Your question has insufficient facts to answer. Please rewrite and submit it again. Good luck.

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