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As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... View More 
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answered on Feb 13, 2023
Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... View More
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
answered on Feb 13, 2023
You’ve been scammed. Contact PayPal for instructions on how to handle.
Or is the NJCFA only applicable to home improvement contractors such as general contractors?
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answered on Dec 26, 2022
Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... View More
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
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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answered on Dec 21, 2022
Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.
They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.
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answered on Dec 9, 2022
You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... View More
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
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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
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.
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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
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
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
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
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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
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
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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
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
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
W. Sitzler is the Judge and the district attorney is not listed.
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.
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.
My accounts have been hacked and my information is being used!!
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.
Car is not covered under lemon law
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answered on May 12, 2022
Realistically any attorney would need more facts and to review the purchase contract and any other related documents. Significantly more facts would be required. Using modern technology, geographic factors in obtaining an attorney are no longer relevant. You need an experienced civil litigation... View More
15. Arbitration. Any disputes resulting from this Agreement or any dispute resulting to Select's home service contract service
shall be construed and enforced under the laws of the State of New Jersey. You hereby submit to the jurisdiction of the courts
of New Jersey and waive... View More
answered on May 6, 2022
Arbitration clauses are matters of contract. In your case it's a "Home Warranty Contract". If the conduct of the party wanting to enforce the arbitration clause against you amounts to a material breach, then the court won't enforce the arbitration clause. A good remedy for a... View More
While applying to the state for an electrical license , does the board have the right to change a law that is also in the state law ? Because it says so on its website ;The Board is engaging in rulemaking to implement the law. i check the law ,N.J.A.C. 13:31-2.1 Qualifications of Applicants... View More
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answered on Mar 10, 2022
The only way that any one can help you is if you provide more facts. There is no point in speculating.
GooglePlay gift cards worth $500 purchased at Michaels, Deptford, NJ. realized scam on 2/19/22; tried to return on 2/21/22; store mgr said policy is no return. Left message with fraud control at Michaels corp; no response to date. I will be 80 on 4/14/42. am I a "protected citizen?"
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answered on Mar 5, 2022
There really is no cost effective solution. Try to contact the county prosecutor and the N.J. Dept of Consumer Affairs. Good luck.
Dump truck delivering dirt for backyard, house empty at the time, no knowledge that a dump truck was coming on our driveway. Contractor willing to replace only the 5 damaged sections, not all 14. If we accept, concrete will not match in color & we will see this aesthetic difference for the rest... View More
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answered on Mar 1, 2022
Realistically a review of all your documents is required to determine exactly what your options are. If the New Jersey Consumer Fraud Act turns out to be applicable to your case, you would be entitled to triple damages, plus attorney fees. In addition, in my experience, it's extremely rare... View More
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