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 
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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
debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards
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,... View More
is wrong with me causing me to have accident of FALL.
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
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
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
I have two judgments against me .
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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
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
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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
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
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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
Or is the NJCFA only applicable to home improvement contractors such as general contractors?
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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
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.
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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
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
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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
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.
answered on Nov 30, 2022
If the solar panel company is in violation of the New Jersey Consumer Fraud Act (CFA), they could be liable to you for treble (triple) damages as well as your attorney fees and costs. There are multiple ways the company can be in violation of the CFA. To get a better understanding of these... View More
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.
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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
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
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
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
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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
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
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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
I purchased a defective piece of furniture (paid $6,572) from furniture store, Ship Bottom NJ
Purchased 5/31/221, received 10/31/21.
Apx 2/02/22 Store/Manufacturer verbally agreed to replace it completely.
I now want my $ back because same problem subsequently observed on... View More
answered on Jun 27, 2022
Yes, you do. Sellers do have a right to cure any defect but only if their efforts are reasonable and don't amount to tinkering. New Jersey provides several remedies for unfair commercial transactions. These can be found in Article 2 of the Uniform Commercial Code, The Consumer Fraud Act,... View More
Car is not covered under lemon law
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answered on May 12, 2022
Realistically any attorney would need more facts and to review the purchase contract and any other related documents. Significantly more facts would be required. Using modern technology, geographic factors in obtaining an attorney are no longer relevant. You need an experienced civil litigation... View More
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... View More
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... View More
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
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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.
Now they want the money owed for their error. Who is held liable for this.
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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
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