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New Jersey Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: Can a used car dealers compel buyer to buy extended warranty in order to honor listed price?

Price listed is $18k, TrueCar inquiry came back with about $5k in 2 "accessory charges". Before I go further I want to know if this is something they can compel me to buy. Thank you!

James L. Arrasmith
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answered on Nov 13, 2023

In New Jersey, a used car dealer cannot compel a buyer to purchase an extended warranty as a condition for honoring the listed price of a vehicle. The price advertised should be the price you can pay for the car itself, excluding standard fees like taxes and registration. Additional charges, like... View More

2 Answers | Asked in Banking, Consumer Law and Collections for New Jersey on
Q: I hold business credit cards with outstanding balances from major banks including PNC Bank, BOA, and Chase.

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

Leonard R. Boyer
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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

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: What are my options when sued by a credit card company for not paying my debt?

debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Personal Injury for New Jersey on
Q: CHUBB denied my hospital/accident claim. why ? I am still under medical care in search of care that will determine what

is wrong with me causing me to have accident of FALL.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: Hello, Can a signed contract be changed or modified in any way?

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

William N. Sosis
William N. Sosis
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

1 Answer | Asked in Consumer Law for New Jersey on
Q: What does the six year statute of limitatiion mean for credit card debt in NJ? When does the time period start?

I have two judgments against me .

Peter J. Weinman
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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

1 Answer | Asked in Consumer Law and Personal Injury for New Jersey on
Q: We are a restaurant and one of a staff caused dropped hot oil on the customer's leg. He sent us a cost break down of how

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

Gerald D. Siegel
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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

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: In NJ courts, how long does a Plaintiff have to reply to an "Answer to Compliant with Counterclaims" from a Defendant?

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

Leonard R. Boyer
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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

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... View More

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1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for New Jersey on
Q: What type of attorney do I need to handle a solar company ? Our roof leaks into 3 rooms destroying our ceilings.

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.

Leonard R. Boyer
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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

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for New Jersey on
Q: Possibly civil suit between a contractor.Owner didn’t know existed wants to talk. Do I let him In my house? He’s never

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

Leonard R. Boyer
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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

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

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.

Noel Rivers
Noel Rivers
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

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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

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.

Leonard R. Boyer
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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

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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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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

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... View 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... View More

1 Answer | Asked in Car Accidents and Consumer Law for New Jersey on
Q: Last year I got a 1099 form from GMC Financial for $1000, this is for late charges I owed on a car loan.

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

Leonard R. Boyer
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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.

1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: I had a pool installed with a pool company. They submitted the wrong contract to the back for financing.

Now they want the money owed for their error. Who is held liable for this.

Leonard R. Boyer
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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

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: What can I do about this?

Hello I talked to a solar company over a year ago and never went through with a project. I just had the guy come out for the estimate. Project was canceled with no work done that was over 8 months ago. A couple weeks ago I get a letter in the mail to make first payment on a $38,000 loan they took... View More

Leonard R. Boyer
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answered on Aug 24, 2023

Your situation can be resolved by an experienced civil litigation attorney. I have successfully handled a large number of these cases. This is a clear violation of the New Jersey Home Improvement Contractor Act, the New Jersey Statute of Frauds, and the New Jersey Consumer Fraud Act (which will... View More

1 Answer | Asked in Consumer Law, Collections, Identity Theft and Internet Law for New Jersey on
Q: My company is SaaS system provider, is legal to outsource DBA job to China? to take care of customer's data?

My company is SaaS system provider, take care of customer's data, we have some bank customers in the US. but for saving money, we outsource database administrators, system engineers job to our China's branch, these engineers access the SaaS system and data remotely from China, is it legal?

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 4, 2023

Why wouldn't this arrangement be legal?

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