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New Jersey Consumer Law Questions & Answers
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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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for New Jersey on
Q: Hello, I'd like to know if there are any sliding scale legal services I can use if I do not qualify for legal aid?

I'm being sued for not submitting a written notice of move out at the end of my lease. Any information on sliding scale or income adjusted legal services/representation specializing in landlord/tenant cases would be very much appreciated! Thank you.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2018

Different attorneys have different fees. You get what you pay for. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: I was put up for repo. It went past that and was sued for the balance of the vehicle. I was issued a judgement.

Because I was issued a judgement for the cash value, does that mean I can request the title of my car and it's now my property, but am legally obliged to repay that amount ?

The way I see it is a court of law agreed that I owe the money and ordered me to pay, but does that then also... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 4, 2018

You are seeking things through rose colored glasses which is distorting your vision and the law. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced CA Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you.... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: Do I have legal claim to goods that were delivered even though I cancelled them?

I ordered a product from Amazon, canceled delivery, and the item got delivered anyway. I got the full refund. Do I have claim to the item?

William N. Sosis
William N. Sosis answered on Oct 23, 2018

If you canceled your order and received a full refund why would you think you're entitled to keep the item? Just imagine if everyone did that. How do you think Amazon and its vendors would revise their return/refund policies? If current online purchasing policies are designed to encourage... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: How should I proceed with daycare if they have not paid me my deposit?

Contract states that after 90 days upon stating child will not return to school, daycare will refund deposit. On June 1, stated my children will not return to daycare beginning July 5. It is now October, well over the 90 days the daycare’s contract states they would return the deposit. How can... Read more »

William N. Sosis
William N. Sosis answered on Oct 11, 2018

This is a contract issue so the matter really depends on the language in your agreement. you've asked them for your deposit and they've unreasonably refused, you can file a lawsuit. The amount they owe you will determine how much you sue for, and how and where to file your lawsuit. But sometimes... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?
William N. Sosis
William N. Sosis answered on Oct 11, 2018

No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

1 Answer | Asked in Consumer Law and Identity Theft for New Jersey on
Q: What can happen to a wife if she purchased house items with her husbands credit info without asking
William N. Sosis
William N. Sosis answered on Oct 11, 2018

I think your question is more suitable for posting in the Family Law section. Regardless, I think what can happen mostly depends on how much you spent, whether you used a joint credit card, the trust and quality of your marriage, and how your husband feels about it when he finds out. You might... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: I want to know when the statute of limitations runs out for me to file a NJ Consumer Fraud suit against a roofing co.

Roofer began tear off on 10/14/16 to reroof my house. I discovered the roof leaked on 10/29/17. I had a 15 year workmanship guarantee from the roofer. The roofer claims I tore off the chimney flashing that they never installed and deemed my warranty and guarantee null and void on 11/07/17. I... Read more »

William N. Sosis
William N. Sosis answered on Oct 11, 2018

Consumer-fraud claims (CFA) in New Jersey are subject to the six-year statute of limitations (SOL), N.J.S. 2A:14-1. New Jersey has an excellent law protecting consumers. It allows for triple damages and also pays the attorney fees. Despite the six-year SOL, there are several reasons you shouldn't... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for New Jersey on
Q: what is procedure to file this type of motion

for the past 3-4 years I have been involved in a mortgage scheme where as the title and mortgage company falsely put a hospice bill lien on my mortgage and have been covering up for the Sr. loan officer who got scared and took off. Management has been lying for him while I became disabled from... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 7, 2018

Your situation can only be figured out with an in person consultation and document review. Your situation has too many moving parts and variables to provide an online answer that could be helpful.

2 Answers | Asked in Consumer Law and Criminal Law for New Jersey on
Q: What would happen if it’s my first time and I have to go to court for N.J.S.A. 2c:28-4b(1) crime of the fourth degree
Leon Matchin
Leon Matchin answered on Sep 17, 2018

You shouldn't have a lawyer with you because what would happen depends on the prosecutor the Judge the police the alleged victim so much of this is outside of your control and there's not one thing that can happen to you. You're facing jail probation community service fines etc...You need an... Read more »

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2 Answers | Asked in Consumer Law for New Jersey on
Q: Can I sue a local restaurant that's known for causing food poisoning?
Leonard R. Boyer
Leonard R. Boyer answered on Sep 14, 2018

If you have sustained food poisoning from that restaurant and can prove it, then you could file a lawsuit. Why you would even eat at such a place is puzzling.

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1 Answer | Asked in Consumer Law for New Jersey on
Q: I am looking for an attorney that can represent me in a wrongful foreclosure action.

Citi Mortgage cashed my check for payment of my mortgage for June. A few weeks later they sent me back a check drawn on Citi Mortgages bank and a month later filed a foreclosure action against me. This is the shortest version of the situation I can provide. They did me dirty for sure!

Leonard R. Boyer
Leonard R. Boyer answered on Aug 22, 2018

Being able to truly prove wrongful foreclosure is very difficult to say the least. Your situation requires an in person consultation and document review with an experienced mortgage foreclosure defense and bankruptcy attorney. There is an insufficient factual basis to answer your question without a... Read more »

1 Answer | Asked in Consumer Law and Internet Law for New Jersey on
Q: Who owns this furniture or am I entitled to any of it?

When I was with my ex her father bought us furniture for our apartment using his debit card, but under my accounts on Walmart.com and IKEA.com. They then kicked me out and kept all the furniture.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 18, 2018

Just because they used your account does not mean that it became your furniture you would need more proof.

1 Answer | Asked in Consumer Law for New Jersey on
Q: Summary Judgement entered on me. I did NOT present evidence thinking I would do so in front of Judge. Need a redo.

This is for a car financed for a job thru an arrangement with Uber and their partner finance company.

The FTC ( Federal Trade Commission) ruled in a suit that Uber mislead drivers with exaggerated wages and earnings along with financing.

The judge who ruled against me in my suit was... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 6, 2018

You need to retain an experienced NY litigation attorney to file a Motion for reconsideration. This is not a consumer law case. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: I brought a used car from a dealer.5 days later it died.And wont start.it wasn't sold as-is, it had a 90 day warranty .

can I get a refund of my down payment? the car was financed,with a payment of $1,200.00

Leonard R. Boyer
Leonard R. Boyer answered on May 30, 2018

The seller has the opportunity to fix the vehicle, which may just require a new starter, battery or alternator.

1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a car from a dealership about 4 years ago. I went to trade in the car and found out the title is bad.

The carfax for the car states the title is clean. However, the autocheck report shows there is frame damage to the car and the title is branded, damage dated before I owned the car and confirmed from the auction that put that on the report that it is true. The dealership showed me the carfax before... Read more »

Melissa Totaro
Melissa Totaro answered on May 16, 2018

To knowingly sell a vehicle that has frame damage and a branded title without disclosing that to the purchaser would be deceptive and unconscionable. Based on your question there are issues regarding whether the Autocheck report would have had that information on it 4 years ago when you purchased... Read more »

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