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New Jersey Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Copyright and Real Estate Law for New Jersey on
Q: We took over a restaurant in boardwalk by jersey shore, other restaurants has same name

In a brief I took over a pizzeria and restaurant in jersey shore boardwalk, the pizzeria name are also named to about other 4 restaurant in the same boardwalk but with different way, like one is named original....., other name restaurant and pizzeria, other named (...... 4)., mine is name (....... Read more »

Evelyn Suero
Evelyn Suero answered on May 13, 2020

Generally speaking, a business does not have to register a trademark in order to have trademark rights. There are common law trademark rights that are acquired by use of the mark. Using a trademark that is confusingly similar may be deemed infringement. However, if your mark was in use before the... Read more »

2 Answers | Asked in Consumer Law for New Jersey on
Q: negotiated online To buy a car with a specific vin# day I was to go to dealer to sign deal I was told car not available

Dealer said the vehicle had “ thousands of extras added” . They said they would try to find another car.

Leonard R. Boyer
Leonard R. Boyer answered on May 2, 2020

Since there was no signed formal contract and you did not pay for the vehicle, there was nothing to prevent the dealer from selling it to anyone else. This is a common practice among car dealers, which is completely legal. Realistically, whenever you go to purchase a car, or any other vehicle, do... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: Is it illegal to buy out all of a certain product in a store and resell it at a higher value during an emergency.
Leonard R. Boyer
Leonard R. Boyer answered on Mar 21, 2020

Price gouging occurs when a seller increases the prices of goods, services or commodities to a level much higher than is considered reasonable or fair. Price gouging may be considered exploitative and unethical.

New Jersey's price gouging law bans excessive price increases during a...
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3 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: My loan was soldl to another lender Carrington mortgage from Chase. IM currently in a Chapter 13 Bankruptcy.

Chase denied a loan modification. My attorney appealed but the Bankruptcy judge agreed to suspend the loan modification. The loan was sold. If the new lender denies a loan mod will the foreclosure process start all over again? I have been making regular mortgage payments with Chase since the... Read more »

Karra Kingston
Karra Kingston answered on Mar 8, 2020

They can still foreclose on your home even though it was sold.

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1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: What is my recourse if car dealer never fixed my car properly after 7 visits in 8 months and $4000 pLus brakes.

After 8 months, diagnose crack in engine wall. 2013 audi 135k miles. They kept telling me they are having trouble diagnosing the problem After 8 months say cant be fixed. They had my car three different times for a month each time, trying to diagnose it

Ivan Raevski
Ivan Raevski answered on Mar 4, 2020

you could sue the car dealer in small claims court in your county. i doubt it would be cost effective to hire an attorney for your case.

1 Answer | Asked in Employment Law, Consumer Law, Criminal Law and Military Law for New Jersey on
Q: An arrest record for an Article 15 was sent to FBI, what happens after 7 yrs? Does it show for employment in accounting?

During a deployment overseas, there was an incident involving multiple personnel. US Army CID took fingerprints and statements from personnel involved. The charges are shown on an fbi personal rap sheet few years after. There was no court martial. The disposition is only an article 15 ( non... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

An attorney would need much more information to properly answer your question.

1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: Hello, I don't know if I have the correct agent of process for a business that didn't have the city with the entity id

I'm having trouble finding who to address my letter to and eventually serve. I'm not 100% sure that I have the correct information. I have two status reports with one of the entities having their status revoked. The business is a Massage Envy franchise located in Clifton. When I looked... Read more »

Noel Rivers
Noel Rivers answered on Feb 13, 2020

The best way to find out the legal name of a business entity, along with the name of the registered agent, president, or CEO (etc) is to use the NJ Division of Revenue and Enterprise website and order the business entity standing certificates, long-form with officers. I believe it will cost you... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: A film distribution company has hid sales numbers and stolen money. Does this fall under NJ Consumer Fraud Act?

A brief summary of my issues are as follows:

- I caught the company taking an un-contractual 50% off the top, nearly $10,000. I brought it up and they agreed to “give it back”. Which in turn went from his right pocket to his left because of the ridiculous “bill” he gave me.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2020

Without more facts and a review of all documents, it is not possible to provide a meaningful answer. Your situation cannot be determined in an online forum.

1 Answer | Asked in Collections and Consumer Law for New Jersey on
Q: New Jersey IF a collection co sues me and wins judgement...

1. Can they update payments made on the judgment on my credit report as collections updating a collections account?

2. If other collections are being reported as updated payments being made when no payments have been since before 2012 be still reporting on my credit report?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 6, 2020

Depending on your overall financial situation, filing for Bankruptcy may be a better alternative. You should consult with an experienced bankruptcy attorney.

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for New Jersey on
Q: Storage facility changed lock - unit fully paid - Preventing access to contents.

New Jersey - Storage unit leased to an llc,

    Owner deceased, estate admin and employees of the deceased's llc have been ensuring unit is paid monthly while sorting contents.

-Nov 17 unit lock changed discovered

-Nov 21 Facility management contacted and offered... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 27, 2019

I don't know of any lawyer that would take a case like this on a contingency basis

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... 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

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