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New Jersey Consumer Law Questions & Answers
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.

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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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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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?

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Am I required to pay off remainder of balance if I put a holding deposit on a used car and signed bill of sale?

I found a car I thought I liked at a used car lot, so I put a deposit on it with the intention of coming back the next day. When I got there I noticed some pretty bad frame rust that wasn’t mentioned in the listing online. I no longer want the car, however when I put the deposit down the dealer... View More

Morris Leo Greb
Morris Leo Greb
answered on May 28, 2023

Demand a refund of your deposit. If not returned, contact the State of NJ Consumer Fraud Division.

2 Answers | Asked in Consumer Law for New Jersey on
Q: Can i get a full refund if i was sold a car but i didnt recieve the title yet from the dealership? The car broke down.

New jersey dealership, car broke down instantly, but dealership closed for the day

Leonard R. Boyer
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answered on May 28, 2023

There is an insufficient amount of information to provide you with a definitive answer. However, retaining an experienced civil litigation attorney can probably rectify the problem quickly and may even be inexpensive.

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1 Answer | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: I purchased a file from someone privately, paid the money, but never recieved my file, he ignored me and no refund,case?

I paid through paypal, he didnt send me a file for 48 hours so i filed a refund, he then proceeded to get annoyed and told me he was sending it, but i would need to cancel the refund, i was keen on getting the file and did so, ignored me again, and i lost my ability to refund through paypal

Timothy Denison
Timothy Denison
answered on Feb 13, 2023

You’ve been scammed. Contact PayPal for instructions on how to handle.

2 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for New Jersey on
Q: How do I file a counter claim in Monmouth County NJ in small claims court? I'm unable to locate the correct form.

I'm a defendant in a small claims case (New Jersey - $3,000) with a plumber. I want to file a counter claim contesting the original issue, but also file a claim for separate issues for a higher $$ value of approximately $6,000. These additional issues include violations to the New Jersey... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 26, 2022

It would be a better practice if you retained the services of an attorney. If you were to be successful in your counterclaim for consumer fraud violation, you will awarded attorney's fees.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
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answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

1 Answer | Asked in Consumer Law and Lemon Law for New Jersey on
Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.

The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher... View More

Leonard R. Boyer
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answered on Jul 31, 2022

This question was previously asked and answered. Good luck.

1 Answer | Asked in Civil Litigation and Consumer Law for New Jersey on
Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.

The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher... View More

Leonard R. Boyer
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answered on Jul 31, 2022

It will be necessary to examine the contract you signed, but it seems like an excellent possibility that there is a violation of the NJ Lemon law, the NJ Consumer Fraud Act (which allows for payment of triple damages and attorney fees). An experienced civil litigation attorney should be able to... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a defective piece of furniture (paid $6,572) from a furniture store, Ship Bottom NJ

I purchased a defective piece of furniture (paid $6,572) from furniture store, Ship Bottom NJ

Purchased 5/31/221, received 10/31/21.

Apx 2/02/22 Store/Manufacturer verbally agreed to replace it completely.

I now want my $ back because same problem subsequently observed on... View More

William N. Sosis
William N. Sosis
answered on Jun 27, 2022

Yes, you do. Sellers do have a right to cure any defect but only if their efforts are reasonable and don't amount to tinkering. New Jersey provides several remedies for unfair commercial transactions. These can be found in Article 2 of the Uniform Commercial Code, The Consumer Fraud Act,... View More

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

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

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

1 Answer | Asked in Consumer Law, Copyright and Criminal Law for New Jersey on
Q: Is it legal to buy counterfeit jerseys for personal use ? What statute or act states or enforces such act ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 7, 2022

Assuming that you mean jerseys bearing the registered trademark of a sports team, it is the seller of infringing goods who is liable for the trademark infringement, not the buyer.

1 Answer | Asked in Consumer Law, Contracts and Internet Law for New Jersey on
Q: How can i file a lawsuit against instagram facebook and Meta

My accounts have been hacked and my information is being used!!

Morris Leo Greb
Morris Leo Greb
answered on May 24, 2022

Most likely the agreement you signed when you became a member contained an arbitration clause. One clause in that agreement provides that you waive trial and agree to arbitrate any disputes.

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