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New Jersey Consumer Law Questions & Answers
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.

1 Answer | Asked in Consumer Law, Education Law and Small Claims for New Jersey on
Q: Can a law firm charge undisclosed fees to my original balance on a student loan institutional debt?

Original debt is $2500. Has received more than $3800 in payments via state tax returns and has not released lien on School Transcript and still claims I owe despite paying over $3800. Has not given any paperwork related to my file despite repeated request. Was condescending when requested and even... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 10, 2021

Your situation would have to be determined in an in person consultation and review of all relevant documents. Depending on what is learned from that, you MAY have a cause of action under the Fair Debt Collection Practices Act. Sometimes a simple but strong letter from an experienced civil... Read more »

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: How is the time period for collecting on credit card debt calculated?

Is the time period for collecting on credit card debt calculated from the date of the last credit charge? Say a creditor is trying to collect on credit card debt that includes charges that are more than 6 years old (older than the statute of limitations) can they still collect on those charges or... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 14, 2021

The only thing that actually matters is whether or not you intend to pay the debt or file for bankruptcy to eliminate this and any other dischargeable debts that you may have. The relevant statute of limitations is six years.

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Is insurers use of an auto insurance policy premium derived from an unknown higher premium permitted by law?
Morris Leo Greb
Morris Leo Greb answered on Feb 12, 2021

It will depend on what the original insurance carrier disclosure statements say.

2 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for New Jersey on
Q: I have a judgement against me how can I vacate it?

I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... Read more »

Timothy Denison
Timothy Denison answered on Feb 10, 2021

Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.

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1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

Morris Leo Greb
Morris Leo Greb answered on Jan 14, 2021

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: This question is in regards to difficulties we are having with our contractor. Can we, ourselves reply to his lawyer? Tx

Orig contract signed 1/3/20. New agreement is for another 14 days but it has been over a month and repairs are incomplete with damages. His lawyer is pressuring for the last payment of $38K. Looking for a Lawyer who can assist us enforce a time frame and completion of the job. If not, we would like... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

NO! You need to retain your own attorney, who has extensive experience in handling cases involving Home Improvement Contractor cases. Very few if any Home Improvement Contractors write contracts that are in compliance with the Home Improvement Contractor's Act and therefore, almost certainly... Read more »

1 Answer | Asked in Consumer Law, Contracts, Divorce and Family Law for New Jersey on
Q: Does a father have up to 1 year to sign baby's Birth Certificate?

I plan to give my son my last name right away and maybe change it down the road, after I see some changes in the father. How would I go about changing my sons name to his down the road? I heard I have up to 1 year to change it without a lawyer but I don't really know New Jersey law on that or... Read more »

Richard Diamond
Richard Diamond answered on Nov 12, 2020

The process is actually quite simple to change the birth certificate.

To start, go to "Correcting a Vital Record in New Jersey" at https://www.nj.gov/health/vital/correcting-vital/#2

If, you are uncertain or unable to find the correct form, you can also call...
Read more »

1 Answer | Asked in Consumer Law and Insurance Bad Faith for New Jersey on
Q: I purchased life insurance from Colonial Penn a few months ago. Last week a rep called me and tried to get me to upgrade

I purchased life insurance from Colonial Penn a few months ago. Last week a rep called me and tried to get me to upgrade. I told him no at least six times. he was very aggressive and pushy. I got a letter the other day saying "Congratulations! As we have discussed over the telephone, you made... Read more »

Melissa Totaro
Melissa Totaro answered on Nov 3, 2020

Selling you coverage you did not want and did not ask for is not permissible. You should call the company and try to get the change reversed and the coverage that you want reinstated at the original premium that you were happy with. If the company refuses to do it, you should contact a consumer... Read more »

1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: Paid for a service in full and business owner is refusing to give me a refund even though they canceled. Any recourse?

I paid in full for a service and got an appointment date and time. On the day of the appointment I sent a text to the owner letting them know I would be on my way to which they answered all appointments were cancelled that day. I asked for a refund and was told no refunds. I have asked kindly... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 30, 2020

The answer is "YES". The recourse which requires retaining an experienced civil litigation attorney and it is very powerful. The New Jersey Consumer Fraud Act, provides for triple damages plus attorney fees and costs. There is no basis for a refusal to make a refund when a service is not... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: I just found out that Bank of America is suing me over a debt from 2006? Can they legally do that? It’s been 14 years?

This account was compromised in 2006 I closed the account with the negative balance of around $350. The account was charged fees bringing the account negative $465. Bank of America is suing me for over $4k. Isn’t there a Statute of Limiations in NJ?

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 29, 2020

In New Jersey, the statute of limitations range from four to six years, depending on the type of debt. Once the statute of limitations is up, the debt becomes known as “time-barred” debt.

Debt collectors can still contact you regarding time-barred debt, and if you start to make payments...
Read more »

1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

1 Answer | Asked in Contracts, Small Claims and Consumer Law for New Jersey on
Q: Hired contractor to renovate bathroom. Estimate stated “cost does not include glass shower door.” He recommended glass

Co and paid deposit NOT mentioning a non refundable deposit. 7 months and Glass guy did not install and contractor said I can cancel and asked me for the deposit. Glass guy is his sub. Glass guy said he would refund contractor, I have no contract with glass guy. Since refund didn’t happen, now... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2020

Although you listed this as a "Small Claims case", it may (or may not be much more than that). In NJ almost no home improvement contractor's contract ever complies with the contract requirements of the New Jersey Home Improvement Contractor Act, which will almost certainly violate... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: in a home remodel a contract clause says limited lifetime labor warranty. What does that stand for?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 30, 2020

No one can tell you anything without reviewing the contract itself. Anyone could guess, the meaning these terms, but "limited lifetime" could mean many different things. You should NEVER sign any Home Remodeling Contract without having an attorney review it first.

4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: Our house was foreclosed on last year and bankruptcy was dismissed. My brother I law passed away. My mother in law wants

to put his house in my husband and his sisters name because she is 90 yrs old

Can he have the house in his name.

Michael David Siegel
Michael David Siegel answered on Aug 13, 2020

Yes, but if you are planning on filing again for bankruptcy then it could be an issue.

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