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New Jersey Consumer Law Questions & Answers
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 »

1 Answer | Asked in Consumer Law and Civil Litigation for New Jersey on
Q: How do you know if your being sued for real and it’s not a scam?

I received a paper saying i’m being sued from Newton medical center & it was certified mail from Sussex special civil part it has a plaintiff and a plaintiffs attorney on the papers. So many scams are out there i just want to make sure it’s real.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 15, 2018

You can always call the court to check and see, but I have not heard of too many scams like this as you need to file an answer not send money.

2 Answers | Asked in Consumer Law, Criminal Law and Business Law for New Jersey on
Q: NJ: is it fraudulent for an employee of a non-profit org. to use the resources of the org.to operate for -profit biz?

Worst answer ever. Totally useless. Did I do something to be awarded with such a dismissive answer?

Aren’t you going to try to redeem yourself?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 26, 2018

The answer is maybe a lawyer would need to know all the facts before giving an opinion and they will probably charge you for that.

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2 Answers | Asked in Consumer Law, Traffic Tickets and Communications Law for New Jersey on
Q: How can a pro se litigant subpoena phone records from Cricket Wireless?

Cricket Wireless phone records are not available to customers. Client needs detailed phone call records for one date to help fight a cell phone ticket in court. Client does not have legal representation, and will represent herself in court. How can she get this information from Cricket Wireless... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 19, 2018

That is not your problem as you do not need to be using your phone to get a cell phone ticket, just holding it for example is enough unless you fall under one of the exceptions. A pro se will rarely ever win a ticket in court as even most lawyers have a low success rates for cell phones tickets.... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: Am I protected under consumer law?

Hi, I have a question. I was recently at a store where a product I was looking to purchase rang up at a very low price, which reflected the price tag printed on the bag of the item. The merchant refused sale to me. Is this legal?

Leonard R. Boyer
Leonard R. Boyer answered on Apr 9, 2018

Yes, it would be legal. Especially if the value of the item is far greater than the price, which happens frequently.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for New Jersey on
Q: what recourse is there for non replacement of passenger airbag after recall?

I was told by ford in area im on list but have to wait longer,possibly august before more info is avail. its been a couple yrs and i feel its being pushed away in a file, Also told not to have a passenger in front,i can reach the airbag from drivers side so danger shifts to me. now i have my wife... Read more »

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

You can write a certified letter and send it to a corporate office at Ford's U.S. Headquarters, it will move the dealer to take care of your problem.

1 Answer | Asked in Business Law, Contracts and Consumer Law for New Jersey on
Q: I feel a small used car company intentionally made changes to a contract without my knowing. I want to know if its Legal

I was on the phone with car insurance when they had my girlfriend sign papers that I was unaware of. I asked for a copy of the papers and they told me they would email the papers to me. When I received the paperwork, my name was crossed out as owner and my girlfriends name was written in. On the... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Put simply, if someone signs a contract without the party’s consent, the party is not bound by that signature or document because the signature does not manifest the intent to be bound by it. Talk a lawyer about your transaction.

1 Answer | Asked in Consumer Law and Medical Malpractice for New Jersey on
Q: What legal recourse do I have against a dental practice that has for over a year refused to submit my claims ?

The dental practice has not submitted complete claims, about $2,000.00 .I have been for over a year trying to get this dental practice to submit these claims. My insurance company has also been trying to get them to cooperate but to no avail. I believe it is retribution for filing a complaint... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 20, 2018

Your right it could be, but many dentists make you sign a waiver that states its your responsibility to file any claims and if they do it, it is as a courtesy, not a right.

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