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New Jersey Small Claims Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: I want to know if I can take APPLE (Computers) to NJ Small Claims Court based on the below details:

I was hacked; someone stole my Apple ID (erased my phone & shut down my computer.) Apple put it in "Locked" and "Lost" mode for nearly a month, stringing me along, told me to send the original purchase invoice to prove it's my computer & they would release it.... View More

James L. Arrasmith
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answered on Dec 26, 2023

You can consider taking Apple to Small Claims Court in New Jersey if you believe they've failed to fulfill their service obligations or caused you a financial loss due to their actions or misinformation. Small Claims Court in New Jersey handles cases where the claim is for $3,000 or less (or... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for New Jersey on
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?

Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More

3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Leonard R. Boyer
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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

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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More

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 Collections and Small Claims for New Jersey on
Q: How would a lawyer go about finding out if a business is out of business for a judgement?

Currently buying a home and a judgement from 2008 has come up. A new lawyer inherited the case and I believe the business is no longer in service. Would he be getting the lawyer fees?

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

There are several solutions to your query. Speak to an attorney experienced in real estate transactions.

1 Answer | Asked in Products Liability and Small Claims for New Jersey on
Q: I was warming my coffee cup from DD and the cup caught fire, there were no warning labels on the cup. How do I proceed?

I do this normally without problems. Standing there waiting for the coffee to warm. I saw the flames open the microwave grabbed the cup, and tossed it in the sink.

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

I hope you're okay. A question that could arise is that inexpensive, disposable cups are generally regarded as not being microwave-safe. I hope there were no injuries - there is no mention of them - but that is another question that would arise. What were the damages in terms of injuries? You... View More

1 Answer | Asked in Traffic Tickets and Small Claims for New Jersey on
Q: Got a ticket for slow speed 39.4:97.1 in NJ. I've entered no guilty plea. No priors. Can I win?

It was an internal road (not highway) and I was searching my Dermatologist's office and slowed down to take a turn. The police officer cited me for slow speed. I have entered a no guilty plea online. Want to know what will happen next? Court date is set for 6/22. This is my first offense in 7... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Impossible to predict because don't know what PD will say happened. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Civil Litigation and Small Claims for New Jersey on
Q: when you buy someone a ticket to visit you but instead they cancel and keep the credits? is this coersion/robbery??

I bought this IG Girl from Miami a plane ticket for $350. We agreed that she would come to see me on a particular day, so I booked her flight using her info, and once I did, she blocked me and has been nonresponsive ever since. i have all the corresponding texts/receipts to prove it. If I were to... View More

Leonard R. Boyer
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answered on May 3, 2023

You have been Scammed! Be glad your loss was small. Never send any money or buy plane tickets for anyone. Your losses could have been much worse. The authorities have much bigger Scammers to go after. What you have described happens just a few hundred times per day all over the country. Learn from... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: What legal action can I take to get security deposit money back from landlord owed to me?

We had an agreement with our landlord to end our lease early due to the relocatio of our jobs, He agreed to put the property on the market and when he found someone to rent it we would move. We did that with no problem but he has refused to give us itemized receipts of the so called work he had... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 21, 2023

File a complaint with Court. If you are successful, you will receive a judgment of double the amount of the improperly withheld security deposit plus your attorney's fees.

1 Answer | Asked in Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... View More

1 Answer | Asked in Health Care Law and Small Claims for New Jersey on
Q: prepaid services/testing not rendered

If someone prepaid services (testing) to a health practitioner and was unable to go through the testing, does the client have a right to a refund (or partial refund minus the unused test kit.)

Nancy

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2022

It would depend on the terms of the prepaid plan. You could review the plan agreement and check the paragraphs about termination, cancellation, refunds, etc. Look for any additional obligations involving testing labs. If the terms of the plan agreement seem to be against you, or they do not address... 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.

2 Answers | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: Can I file a smalls claims suit in NJ even if the home warranty contract contains an arbitration clause?

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

William N. Sosis
William N. Sosis
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

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1 Answer | Asked in Small Claims for New Jersey on
Q: I am being sued by a debt collector for a medical bill from September 2017. What are my options
Leonard R. Boyer
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answered on Apr 6, 2022

Depending on the amount and your overall financial situation, you may be able to fight it or it may be cost-effective to just file Bankruptcy. But there is an insufficient factual basis to provide meaningful advice.

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: My husband passed away almost 2 years ago . Recently a friend of his said my husband owes him money & he wants me to pay

There’s no contract no text messages no direct messages ! This person is very shady as well ! Do I need to pay this person ?

Morris Leo Greb
Morris Leo Greb
answered on Mar 3, 2022

Please do not pay this claim without any proof it is a verifiable obligation of the Estate of your deceased husband. If you did not sign anything, the claim, if verifiable, would be against the Estate of your deceased husband. It sould not be your obligation.

1 Answer | Asked in Small Claims for New Jersey on
Q: I was apart of the Atlantic county Strip Search class action. I filed my claim for payment and never received it.

My notice number is 15047-703860060-002-001-01

Leonard R. Boyer
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answered on Jan 3, 2022

You need to contact the Class Action law firm. Typically most Plaintiff's in a class action lawsuit gets very little.

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New Jersey on
Q: New Jersey EZ Pass Tag was stolen, used fraudulently by a company hauling heavy equipment, can I take legal action

I want to find out who did this, causing me months of stress and anxiety.

Leonard R. Boyer
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answered on Jan 2, 2022

Yes you certainly can take legal action both civilly and through the criminal justice system. How to determine who stole the EZ Pass may require retains a private investigator. Once that is determined and you have proof, then an experienced civil litigation attorney can review all your... View More

1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Q: How do I claim solar panels that were illegally placed on my roof in 2016 without permission while I was on vacation?
Morris Leo Greb
Morris Leo Greb
answered on Mar 19, 2021

Outside of a written demand, your only recourse is to file suit. IHowever, it is my opinion that filing suit will be fruitless.

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