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New Jersey Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for New Jersey on
Q: I want to Sue a dealership for selling me a junk car. Can I do this? Car is a porsche Macan total $56k investment

Car is not covered under lemon law

Leonard R. Boyer
Leonard R. Boyer 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... Read more »

2 Answers | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: Can I file a smalls claims suit in NJ even if the home warranty contract contains an arbitration clause?

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... Read more »

William N. Sosis
William N. Sosis 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... Read more »

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1 Answer | Asked in Consumer Law, Business Law and Construction Law for New Jersey on
Q: does the board have the right to change a law that is also in the state law ?

While applying to the state for an electrical license , does the board have the right to change a law that is also in the state law ? Because it says so on its website ;The Board is engaging in rulemaking to implement the law. i check the law ,N.J.A.C. 13:31-2.1 Qualifications of Applicants... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 10, 2022

The only way that any one can help you is if you provide more facts. There is no point in speculating.

1 Answer | Asked in Consumer Law and Elder Law for New Jersey on
Q: What is NJ law concerning return of new unused google play gift card purchased from Michaels during scam on 2/19/22?

GooglePlay gift cards worth $500 purchased at Michaels, Deptford, NJ. realized scam on 2/19/22; tried to return on 2/21/22; store mgr said policy is no return. Left message with fraud control at Michaels corp; no response to date. I will be 80 on 4/14/42. am I a "protected citizen?"

Leonard R. Boyer
Leonard R. Boyer answered on Mar 5, 2022

There really is no cost effective solution. Try to contact the county prosecutor and the N.J. Dept of Consumer Affairs. Good luck.

1 Answer | Asked in Consumer Law for New Jersey on
Q: 1 year old concrete driveway. Contractor’s dump truck damaged 5 of 14 blocks. Am I able to seek full replacement?

Dump truck delivering dirt for backyard, house empty at the time, no knowledge that a dump truck was coming on our driveway. Contractor willing to replace only the 5 damaged sections, not all 14. If we accept, concrete will not match in color & we will see this aesthetic difference for the rest... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 1, 2022

Realistically a review of all your documents is required to determine exactly what your options are. If the New Jersey Consumer Fraud Act turns out to be applicable to your case, you would be entitled to triple damages, plus attorney fees. In addition, in my experience, it's extremely rare... Read more »

1 Answer | Asked in Consumer Law, Contracts and Health Care Law for New Jersey on
Q: Zoll medical forced him to take home a 4000 per month product under duress. How can he stop them, cancel.

He was told his discharge from the hospital would not be allowed unless he took the Zoll company product. Otherwise the hospital would not let him go home.

Because he had no choice he took the Zoll company product that he did not want but was forced into accepting. If he was not released he... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 18, 2022

Based on your brief description, I would argue that the requirement to accept the Zoll equipment is a contract of adhesion and not enforceable. You failed to mention whether there were other equipment available or other procedures which did not require the equipment. In any case, you have a... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for New Jersey on
Q: Can insurance companies be held liable for cancelation without notice?

Insurance coverage lapsed but consumer only knew that when they tried to report an accident.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 17, 2022

The short answer is yes they must cancel the policy according to state and federal law requirements for notice.

2 Answers | Asked in Consumer Law and Contracts for New Jersey on
Q: Hi, I took a personal loan from an acquaintance and was recently ordered to repay the amount in full through in court.

I have reached out to the lender to repay the loan in full, in exact accordance with the judgement/court order. However, the lender is not accepting payment. They are just not responding. Is there a point where the debt can be cancelled due to not accepting payment in full or refusing to comply... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2022

Debts just do not get magically canceled. If it is appropriate and cost-effective you should simply file for bankruptcy, but that cannot be determined here. The creditor is under no obligation to take payments, but will almost certainly serve you with an information subpoena. You can have a secure... Read more »

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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New Jersey on
Q: New Jersey EZ Pass Tag was stolen, used fraudulently by a company hauling heavy equipment, can I take legal action

I want to find out who did this, causing me months of stress and anxiety.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 2, 2022

Yes you certainly can take legal action both civilly and through the criminal justice system. How to determine who stole the EZ Pass may require retains a private investigator. Once that is determined and you have proof, then an experienced civil litigation attorney can review all your... Read more »

3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: A bank that doesn't own my Mortgage Note got a Writ of Execution for a Sheriff Sale. How can I challenge the Writ?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2021

Mortgages are negotiable instruments that can be freely bought and sold, without your consent. To determine what your options are, you really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney. Choosing a cheap attorney can often lead to expensive mistakes and/or... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for New Jersey on
Q: I signed arbitration agreement when buying new car at dealership. It states that all claims and disputes must be

resolved through arbitration in accordance with AAA rules. However, in AAA Consuner Rules, R-9. 'Small Claims Option for the Parties' reads as 'If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 16, 2021

Yes, you may proceed with filing a small claims action against the auto dealership. However be sure to follow what requirements or stipulation the AAA requires in order to proceed with filing a small claims court action.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: What the penalty for an 18 year old for the first time when commit Theft by unlawful taking or disposition
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2021

At 18 you are considered an adult in the criminal justice system so you face adult penalties which at the minimum for any theft offense is up to 180 days in jail, fines, probation etc if the amount is up to $200.00. Over $200 but less than $500 up to 18 months in jail, fines probation and Over... Read more »

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: A business in NJ delivered products to a business in MN. The business in MN refuses to pay for or return the product.

Is this stealing? How can one alert the authorities if this is against Minnesota or federal law?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 11, 2021

Too many questions would need to be asked before we could give you a correct answer. You will need to setup a consultation with a lawyer.

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Can bodyshop change terms of payment after work has begun then threaten to not release the vehicle into my possession?

May 20th 2021 I recieved, signed and sent back an authorization to repair form that the bodyshop had sent me. This document listed acceptable payment methods one of which was any "major credit card". Relationahip between bodyshop and I has gone down hill since then and around June 3rd... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 19, 2021

I would file suit in New Jersey against the BMW dealer under the Consumer Fraud Act and obtain jurisdiction over the body shop in the New Jersey case, using the long-arm statute and the entire controversy doctrine. However, this type of case can only be taken on a retainer and hourly basis. The New... Read more »

1 Answer | Asked in Consumer Law, Collections and Health Care Law for New Jersey on
Q: During a medical procedure, my doctor sent biopsies to an out-of-network lab. Am I financially responsible?

The doctor could have used Labcore or Quest, both in network labs. However, he sent them to an out of network lab, without my knowledge or permission. Can the lab he sent them to bill me?

Morris Leo Greb
Morris Leo Greb answered on Jun 7, 2021

Yes.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for New Jersey on
Q: Can i be sued after removing a photo at the client's request?

I posted a picture of my client, no face, no identifying markers. I thought I had permission based on a text conversation because she did not sign a media release. she asked me to remove it, i did immediately, she wrote me after and said she is suing me (after the photo was removed). Can I still... Read more »

James A. Abate
James A. Abate answered on Apr 29, 2021

More information is needed. But anyone can sue, whether they have a serious claim is another thing.

Q: Landlord owes us around 10k in repair credits, is dodging the subject, we owe him 6500 (2.5 months arrearages) severely

Harassing us,threatening, & bullying us. He breeched the lease in several areas, was supposed to supply electric to outbuilding, has not, refusing to pay credits when He either refused to do the work or sent his maintenance guy out here to start projects last May, & never returned. When we... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 25, 2021

Make an appointment with Legal Aid to determine whether you qualify. Call your County Court House for information about contacting Legal Aid.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and International Law for New Jersey on
Q: I would like to sue Binance for stealing from me, and am in need of legal assistance

Binance has over 300k in stolen assets, and refuses to return it or cooperate with investigation, and also locked my account.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil answered on Mar 30, 2021

File a police report for the stolen assets.

2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: Car repo suggest by loan company. No notice of sale date prior. NJ. now they are refusing payments, only full amt

I feel like this is illegal

Leonard R. Boyer
Leonard R. Boyer answered on Mar 21, 2021

Sorry to disappoint you but once your car has been repossessed no creditor is obligated to accept anything less than full payment. You really need to retain an experienced Bankruptcy attorney and file a Chapter 7 or Chapter 13 on Monday, depending on your overall situation.

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