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New Jersey Consumer Law Questions & Answers
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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1 Answer | Asked in Small Claims, Consumer Law and Copyright for New Jersey on
Q: I received an email from google about a Notice of Class Action Settlement re Google Plus Your Rights May Be Affected

They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy

Leonard R. Boyer
Leonard R. Boyer answered on Aug 7, 2020

Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.

1 Answer | Asked in Consumer Law and Identity Theft for New Jersey on
Q: a staff in at&t stole my SSN, bought new phone and opened a new mobile account.

I contacted at&t so the account is canceled, but I'm worried because the person still has my SSN. I asked proper action and compensation to at&t but they offered me $19.99 x 22 months credit.

Do you think I should accept that offer? Or will it worth to sue them?

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 24, 2020

If you are not responsible for the cost of the new phone and the new mobile account, and your SSN has not been used further, you have no current damages to sue for. they are already offering you compensation, but you can also request the company to pay for a credit monitoring service so that you... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for New Jersey on
Q: Is it legal to purchase paystubs and use them for renting
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 22, 2020

It could be considered fraud among other possible crimes. Never try to trick someone when they are giving you something of value in this case a rental agreement lets say.

1 Answer | Asked in Consumer Law for New Jersey on
Q: How do I get my refund from the previous company who tries to give me a hard time?


I have a question about my refund from the previous company who was managing the parking lot I still use. This company was responsible for the management of our building's parking lot and kicked out due to not fulfilling their responsibilities. Now a new company is in charge. I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

This sounds very frustrating for you. IMO you should file a small claims action against both of the companies, old and new, and let the Judge read them the riot act for this run around.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law, Contracts and Family Law for New Jersey on
Q: If I'm 15 years old and I buy my own phone with my money from my job is my mom legally allowed to take it from me?

I want to buy my own phone or lease one. But my mom says I can't, even though I have my own money. Is there any way that I can still buy my phone without her consent?

Richard Diamond
Richard Diamond answered on Jun 2, 2020

Im glad to hear that you are working and earning your own money. Its a good start. Now, lets address the issue as to why mom wants "control" of your phone. Parents for the past 1,000 years have struggled with how to get their children to study, do well in school and go to sleep at a... Read more »

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...
Read more »

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.

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