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New Jersey Small Claims Questions & Answers
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... Read 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
PREMIUM
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... Read 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... Read 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
Leonard R. Boyer
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
PREMIUM
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
Leonard R. Boyer
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
Leonard R. Boyer
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... Read 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
PREMIUM
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.

1 Answer | Asked in Consumer Law, Education Law and Small Claims for New Jersey on
Q: Can a law firm charge undisclosed fees to my original balance on a student loan institutional debt?

Original debt is $2500. Has received more than $3800 in payments via state tax returns and has not released lien on School Transcript and still claims I owe despite paying over $3800. Has not given any paperwork related to my file despite repeated request. Was condescending when requested and even... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 10, 2021

Your situation would have to be determined in an in person consultation and review of all relevant documents. Depending on what is learned from that, you MAY have a cause of action under the Fair Debt Collection Practices Act. Sometimes a simple but strong letter from an experienced civil... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 10, 2021

Yes it is automatic once judgment is entered

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: A corrupt third-party ticket company refuses to give me a refund for a canceled concert

My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 5, 2021

You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Can I not show up (and win) a Small Claims Court lawsuit if letter wasn’t mailed to me?

A letter to answer a “Small Claims Court” lawsuit was mailed to a family member address. My ex-landlord suing for back-rent was unable to find my new address.

As a frontline Medical Worker, I avoid visiting family members and I didn’t receive the letter til 6 weeks after it was... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Dec 25, 2020

Don't ignore the summons. Go to Court on the appointed date to defend the law suit. If you missed the date, file a motion to set aside whatever action the Court took and request a new trial date.

1 Answer | Asked in Car Accidents, Insurance Defense and Small Claims for New Jersey on
Q: I got into an accident 19 months ago and have just received a bill for $4200 and I have no way of paying it

I am a college student, at the scene of the accident they drove off with minimal damage to their vehicle and the police report says minimal damage.

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Nov 3, 2020

If you had laibility insruance at the time of the accident, turn this demand over to them.

If you did not have liability insurance at the time, you should speak with a lawyer about your rights.

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 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 Car Accidents and Small Claims for New Jersey on
Q: I was parked in parking space at 7-11 store Jackson NJ. while I was in store the vehicle next to me was backing up

The kid didn't have their door closed & it buckled my rear passenger door and did damage to the handle. She then pulled forward so the kid could close the door- and was continuing to back out. I then came out of the store and saw the damage. The driver replied to me" there is nothing... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 6, 2020

If the police refuse to file a report at the scene you can go to the station and tell them you want to file an accident report and they should give you a form.

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.

4 Answers | Asked in Car Accidents, Personal Injury and Small Claims for New Jersey on
Q: When I was under the car, One of scissors jack suddenly broke down and my car came down on my arm.

When I was under my car, one of scissors jack suddenly broke down and my car came down on my arm. I got injured I can barely move my arm. Do you think I can sue this scissors jack company? If so, do I need a police report and receipt when I purchased?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 5, 2020

Yes you can sue the scissor jack company. First get medical attention and make sure you tell them how you injured your arm. Then, Immediately contact a good lawyer.

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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 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 »

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