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New Jersey Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for New Jersey on
Q: Someone forged a contract to get money out of me over a No Further Action Letter. Can I sue this contractor?

I had a cash buyer for my home. The oil tank was lifted. I was there when it was lifted. I did not sign a change order for any additional work, or remediation. I am a Property Manager and would bid it out for the best contractor if the work truly needed to be done. I believe this guy was a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 27, 2019

Although you can sue the contractor, this will not be cost effective. Since the house was foreclosed on, you will need to file a Bankruptcy in order to avoid liability for the deficiency judgment when the property is sold at sheriff sale. Even if you win against the contractor, the Chapter 7... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: Our certified Acura Car has non warranty windshield and has damaged automatic sensor for wiper and lights.

We got our certified 2016 Acura MDX card in April 2019. It has factory warranty till 2020 and we got additional warranty till 2023. We had to fix the trunk closing sensor and the dealer refused for resurfing the brakes. We got that fixed and found that our windshield is not from Acura and was... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 23, 2019

If you are in NJ, you need to retain an experienced civil litigation attorney, who can probably sue for violation of the New Jersey Consumer Fraud Act, among other things. A finding of liability under the N.J. Consumer Fraud Act entitles you to triple damages plus attorney fees.

1 Answer | Asked in Consumer Law and Child Support for New Jersey on
Q: What can I do about my bank account being levied even though I pay my child support plus extra to cover the past due.

I get garnished. If they levy my account I’ll be homeless in a months time I barely make enough money to survive as it is

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

Depending on your overall circumstances and how the numbers work out, you have 2 main choices. The first one is to retain an experienced matrimonial attorney to file a motion based on changed circumstances to reduce the amount of child support. The alternative, which would depend on your overall... Read more »

1 Answer | Asked in Estate Planning, Consumer Law, Elder Law and Nursing Home Abuse for New Jersey on
Q: Am I responsible for payment of an exorbitant fee to Assisted Living facility that was the result of the facility error?

My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can they... Read more »

Madeline Houston
Madeline Houston answered on Aug 6, 2019

In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is... Read more »

2 Answers | Asked in Consumer Law, Contracts and Securities Law for New Jersey on
Q: WE INVESTED $100000 in Cinsay who was bought out by Aibuy in May 2019 We were never advised of the change of ownership.

We were never given an opportunity to recover our investment.What do you recommend we do

David Neuman
David Neuman answered on Aug 2, 2019

Ultimately, if there was a material misrepresentation made in connection with the sale of the investment, then you could potentially sue for it. Generally the misrepresentation must be made at the time of sale to be actionable.

With regards to notice of the change of ownership, that...
Read more »

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1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: How to get out of a loan agreement?

I got a loan agreement to finance furniture but after sign the agreement I decided to cancel because I found a better deal. I called the bank to cancel the agreement the said they would void it only when the furniture store confirms that I cancel the order and didn’t receive anything from them? I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 1, 2019

I predict there will come a day when many more people will learn--by asking contact questions like this on here on Justia--not to sign any contracts without reading them very closely. Your particular situation reminded me of the advice I have given to every person in my family and to every friend... Read more »

2 Answers | Asked in Consumer Law for New Jersey on
Q: Dealership has not delivered vehicle and it's been over a week since I bought it? What recourse do I have?

I bought a 2009 Jaguar with 62,000 miles. When I bought the vehicle there was minor defects and the dealership agreed to fixing and delivering the vehicle to my home, for the inconvenience of the vehicle not prepared or ready for pickup. I bought the vehicle a over a week ago. I signed for a loan... Read more »

Noel Rivers
Noel Rivers answered on Jul 19, 2019

I highly recommend calling the dealership to check on the status of the repairs on your car. There could be a valid reason for the delay. If you really want to protect yourself, in addition to calling, you can write a detailed letter requesting information surrounding the transaction. Be sure to... Read more »

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1 Answer | Asked in Consumer Law, Banking, Business Law and Collections for New Jersey on
Q: Ate payday loans illegal in NJ?

I heard that payday loans are illegal in NJ. I took 600 put and paid four payments of $206 . I also heard that since they are illegal I only have to pay the principal. Is this true,? The rest of my cc and such ate in good standing so I don't want to file for bankruptsy. What can they do to me,,?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Think this all the way through: If the payday loan creditor operates its business anywhere in the state of New Jersey there is a really strong possibility that payday loans are NOT illegal in New Jersey. What can they do if you do not repay? They can sue you.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for New Jersey on
Q: If a judge it's a court order the 2% of wages can be garnished how is it possible that the plaintiff attorney could then

Say screw you judge I'm going to take 100% of your wages by freezing the bank account isn't that contempt of court isn't that directly Define the judge how could it possibly be legal

Stuart Nachbar
Stuart Nachbar answered on Jun 28, 2019

The difference is a wage garnishment vs a levy. Wage garnishment is up to 10% of weekly pay. A levy is on an asset, including a bank account. It does not matter that it is wages, because unless it is social security, it is not exempt. Hope you see the difference

1 Answer | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: I cosigned a car for my brother and he is not making payments. Can i take him to court to take the car if i pay it off.

I cosigned a car for my brother and he is not making payments for 5 months. Since we got the car he has been making late payments. Can i take him to court to take the car if i pay it off. Me and my brother's name is on the title. If i pay the car off, the bank will send the title to me. Can i take... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 13, 2019

In most states either person named on the title has the ability to sell it or to do anything else with the car. If you pay it off the bank will give you a new title, which you can use any way you want.

1 Answer | Asked in Consumer Law for New Jersey on
Q: Jiffy Lube damaged my car , $6,151 in damage. Jiffy Lube may pay me barely book value. Car worth $1,000. Can i get more?

On 3/23/2019 I had Jiffy Lube’s “recommended” maintenance schedule work done on my Toyota matrix wagon at Store #457,New Jersey, 973-586-3338. Lubrication LLC., 133 Route 46, Rockaway, NJ. 07866. My vehicle at the time had 184,964 mileage on it. Jiffy Lube representative, Representative:... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 8, 2019

Your situation is complex and unless the NJ Consumer Fraud Act is applicable, that will servery limit the amount on money that you can recover. Your situation will require an in person consultation.

1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: Can a discrimination suit be filed if unjustly banned from a Home Depot under false circumstances becuz im black ?

i am a licensed contractor in NJ I was harassed/discriminated against for months by a Home Depot Loss prevention employee who called the Toms River Police on myself and my construction crew because she profiles us as thieves (were Black) even though i spent 4k in the store that day and had... Read more »

Madeline Houston
Madeline Houston answered on May 10, 2019

Discriminating against customers in the way you describe is a violation of the New Jersey Law Against Discrimination, which provides for compensatory damages, punitive damages, and payment of the plaintiff's attorneys' fees if the case prevails. An attorney considering filing such a suit would... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Mom had apt at a retirement home, we get 90% of cost when it sells. Any laws for how long we have to wait for sale?

Our mother died in 2017 and we would like to close her estate and are wondering how long the retirement community can keep the apartment unsold. If there are any laws regulating this.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

All of your questions should be answered in the original purchase documents controlling all the terms of ownership, maintenance, assessments and all other terms and conditions. Why not hire a lawyer to review everything and help you convince the owners of the retirement community to speed up their... Read more »

2 Answers | Asked in Animal / Dog Law, Personal Injury, Consumer Law and Products Liability for New Jersey on
Q: Q: i purchased a dog from an American Kennel Club dog breeder. She breeds dogs in her home in Pine Brook New Jersey.

I would like to sue her for my Costs.

Plu the Akc for fraud .she is not registered as a breeder for taxes and breeds in a residential area. she gave me fraudulent papers to register with the AKC that do not belong to my dog. My dog was born with horrible genetic health issues . She... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 13, 2019

Unfortunately you failed to ask a question and only made a statement, I suggest resubmitting a question.

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1 Answer | Asked in Banking, Consumer Law, Contracts and Identity Theft for New Jersey on
Q: Can a Chase bank be sued for giving unlawful acces to my bank account to my business partners?

My business partners rather than asking me if they had any confusion, continued to purchase goods from my other business that is owned by my wife. Since they were verbally told several times and there is nothing in writing they took advantage of the situation to edge me out of the business. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Hire a lawyer experienced in business litigation, banking law and corporations law.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Social Security for New Jersey on
Q: Can an elderly disabled women be evicted for having a caregiver stay with her and for feeding stray cats?

She has been living in the same senior complex for 23 years and has never had anything written against her. Now that my father passed a year ago she needs help so I am staying with her temporarily. I have been here since Aug 2018 and do plan to leave if my mother can get strong enough to stay alone.

Madeline Houston
Madeline Houston answered on Mar 28, 2019

Based on the facts provided thus far it appears that your mother may well have rights under various federal and state laws regarding disabled persons that are being violated. More facts are needed to make a determination as to your mother's options. You should promptly contact an attorney and... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for New Jersey on
Q: We paid 3000 to move into home asked for CO was never provided now we find home wasn't inspected. What can we do? Sue?

We asked via text so there is documentation of several requests. Now landlord doesn't want to rent to us she says because we are asking her to repair too many things. She has stated she's not putting anymore money in the house (hence the reason there is no CO because failed inspection was probably... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 15, 2019

You can retain a litigation attorney to file suit against the landlord. An in person consultation and document review is necessary to obtain proper legal advice. Depending on the specific town the apartment is located in there may also be additional remedies available to you.

1 Answer | Asked in Consumer Law for New Jersey on
Q: Can anyone recommend a really good attorney that handles Consumer Fraud, specifically banking fraud.

My mortgage company gave me such a hard time in trying to get a modification. I lost my primary residence because of it. "They couldn't get the numbers to work." I moved into my rental property with the same issue, getting a modification approved.

I gave up. Nine months after giving up,... Read more »

Madeline Houston
Madeline Houston answered on Jan 22, 2019

Based on the information in your question you may have a cause of action for violation of the New Jersey Consumer Fraud Act (which provides for triple economic damages plus payment of the consumer's attorneys' fees and costs), as well as common law fraud claims which would be a basis to seek... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a car a week ago and just found out from my insurance company it is a Salvage Title vehicle.

When I was at the dealership the salesman said he was working on getting the CarFax. Said he had it, but they gave him the wrong one and they were working on it. I also asked the financial person doing the paperwork and he said they were working on it. I never received one.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 24, 2018

You need to retain a civil litigation attorney and file suit under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2, consumer fraud is defined broadly as “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation . . . ” in connection with... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for New Jersey on
Q: I was evicted from my home and left a 60% full propane tank, and the supplier is trying to bill me for the full tank.

I recently went through a bankruptcy in which I included my home, and subsequently a foreclosure (in NJ). I remained in the home during this whole process and paid the propane supplier monthly, as I needed the fuel to live there. When I left the home the tank contained 60% fuel. I'm willing to pay... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 19, 2018

If the delivery was after the filing date of your case, it is not a part of the bankruptcy.

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