You can find this at http://www.judiciary.state.nj.us/ocean/vic14d1.htm
The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. Because procedures in Small Claims are simpler than in other courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney.
Small Claims handles cases in which the demand is not more than $3,000.00. If the amount of money you are trying to recover is more than $3,000.00, but less that $15,000.00 your case should be filed in the regular Special Civil Part. Cases in which damages are more that $15,000.00 must be filed in the Law Division of the Superior Court.
If you believe you are entitled to damages greater than $3,000.00 but still wish to sue in Small Claims, you give up you right to recover damages over $3,000.00. The additional money cannot be claimed later in a separate lawsuit.
A complaint must be filed in the of Office the Special Civil Part of the county where at least one defendant lives or where the defendant business is located.
Types of Claims Handled in the Small Claims Section
Typical Claims Filed
Following is a general list of claims which can be filed in Small Claims:
Breach of written or oral contract. Return of money used as a down payment.Property damage caused by a motor vehicle accident. Damage or loss to property. Consumer complaints for defective merchandise or faulty workmanship. Payment for work performed. Claims based on bad checks. Claims for back rent. Return of a tenant's security deposit.
Please remember that is you believe you are entitled to damages greater than $3,000.00 and sue in Small Claims, you can only recover damages up to $3,000.00.
CLAIMS THAT CANNOT BE FILED
The following is a general list of claims that cannot be filed in Small Claims:
Claims arising from professional malpractice (for example; alleged malpractice by a doctor, dentist or lawyer). Claims for support or alimony from a marital or a domestic dispute.Claims arising from a probate matter.
Monday, April 13, 2009
Credit Cards Woes
Have you ever been contacted by a credit card company? Chances are you have or may be contacted in the near future, considering the reason downturn in the economy. At one of the fastest rates in recent memory, Americans are falling behind on their credit card payments, receiving delinquencies and defaults in double-digit percentages compared to last year and prompting warnings of worse to come.
If you find yourself in debt, the Fair Debt Collection Act (FDCA) provides protection. This is a federal law that shields consumers from abusive and harassing creditors. It applies to third party creditors who have purchased accounts or hired by the original creditor to collect a debt.
Once a creditor contacts you, they must advise that they are a collection agency. They must notify you who the original creditor is, and the amount owed. This permits you to determine if the bill is actually yours or if you dispute this bill. Always request a copy of the bill in writing and check if they advise you that you have 30 days to dispute the bill.
There are several rules that Debt Collectors must abide by. For example, a Debt Collector CANNOT:
1. Continue to contact you at your place of employment once you notify a collector that you do not want calls at work,;
2. Use abusive and intimidating language;
3. Call you several times a day;
4. Publish your name and nature of the debt;
5. Contact you before 8:00 a.m. and after 9 p.m.;
6. Communicate with any other person such as a spouse, family member, or even your attorney, without written permission from you;
7. Deposit a postdated check prior to the date written on the check;
8. Cannot collect any amount greater than the amount owed.
These are several more laws of conduct for creditors in the FDCA.
If you find that a third party creditor’s behavior violates the FDCA, you may send, via certified mail, a Cease and Desist Letter to the collection agency. They are then required to stop communicating with you. Once a third party debt collector receives a Cease and Desist letter, they can only contact you to notify you that their efforts will be terminated; they may utilize other alternatives they have used with similar debtors.
If you find yourself in debt, the Fair Debt Collection Act (FDCA) provides protection. This is a federal law that shields consumers from abusive and harassing creditors. It applies to third party creditors who have purchased accounts or hired by the original creditor to collect a debt.
Once a creditor contacts you, they must advise that they are a collection agency. They must notify you who the original creditor is, and the amount owed. This permits you to determine if the bill is actually yours or if you dispute this bill. Always request a copy of the bill in writing and check if they advise you that you have 30 days to dispute the bill.
There are several rules that Debt Collectors must abide by. For example, a Debt Collector CANNOT:
1. Continue to contact you at your place of employment once you notify a collector that you do not want calls at work,;
2. Use abusive and intimidating language;
3. Call you several times a day;
4. Publish your name and nature of the debt;
5. Contact you before 8:00 a.m. and after 9 p.m.;
6. Communicate with any other person such as a spouse, family member, or even your attorney, without written permission from you;
7. Deposit a postdated check prior to the date written on the check;
8. Cannot collect any amount greater than the amount owed.
These are several more laws of conduct for creditors in the FDCA.
If you find that a third party creditor’s behavior violates the FDCA, you may send, via certified mail, a Cease and Desist Letter to the collection agency. They are then required to stop communicating with you. Once a third party debt collector receives a Cease and Desist letter, they can only contact you to notify you that their efforts will be terminated; they may utilize other alternatives they have used with similar debtors.
Tuesday, January 6, 2009
Foreclosure Resources
With foreclosures on the rise, it may seem that there is no where to turn. But there is a great website http://www.hud.gov/foreclosure/foreclosuretips.cfm from the U.S. Department of Housing and Development. They list tips for avoiding foreclosure and toll free phone numbers for people to call. It also lists resources for out of state persons.
Thursday, December 18, 2008
New Jersey Lemon Law: What’s Covered and What Isn’t
Here is a great article written by Sergei Lemberg, a lemon law attorney.
Chek out [link: http://www.lemonjustice.com/blog]. Here he discusses what you need to know about new car lemons.
"With all of the cars, SUVs, trucks, motorcycles, and RVs being manufactured in the U.S. and abroad, it’s reasonable to expect that some will have defects. After all, vehicles are incredibly complex pieces of machinery and a lot of things can go wrong. In the best-case scenario, any defects that weren’t caught by quality assurance are quickly repaired by the dealer. In the worst-case scenario, you have a vehicle with pronounced defects that make it run poorly, that constitute a safety hazard, or that reduces its value – and the dealer or manufacturer refuses to buy back or replace it.
When that happens, New Jersey lemon law can come to the rescue. New Jersey Lemon Law covers new or leased passenger vehicles, combination vehicles, SUVs, trucks, business vehicles, RVs, and motorcycles that are purchased, leased, or registered in New Jersey. It also covers used vehicles that experience defects within the first two years of the original owner’s delivery date or 18,000 miles on the odometer – whichever comes first.
Although it doesn’t cover minor defects (like a non-working stereo system), the lemon law does force the manufacturer to stand by its product. In order for the lemon law to apply to new vehicles, the defects have to occur during the first two years from the delivery date or the first 18,000 miles on the odometer – whichever comes first. In addition, the vehicle must have been taken in three times for the same problem or been out of service for 20 business days due to a series of unrelated problems. Plus, you have to notify the manufacturer of the problem and give them one last opportunity to fix it.
If you think you have a lemon, you basically have three choices: you can use the manufacturer’s dispute resolution process; you can use the Division of Consumer Affairs’ Automotive Dispute Resolution Program; or you can go to court. Before you begin, though, you should have a lemon law lawyer by your side. After all, you can be sure that the manufacturer’s team of legal eagles will be there to fight your claim every step of the way.
The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. Often, with the help of a lawyer, you can get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process."
Very important information!
Chek out [link: http://www.lemonjustice.com/blog]. Here he discusses what you need to know about new car lemons.
"With all of the cars, SUVs, trucks, motorcycles, and RVs being manufactured in the U.S. and abroad, it’s reasonable to expect that some will have defects. After all, vehicles are incredibly complex pieces of machinery and a lot of things can go wrong. In the best-case scenario, any defects that weren’t caught by quality assurance are quickly repaired by the dealer. In the worst-case scenario, you have a vehicle with pronounced defects that make it run poorly, that constitute a safety hazard, or that reduces its value – and the dealer or manufacturer refuses to buy back or replace it.
When that happens, New Jersey lemon law can come to the rescue. New Jersey Lemon Law covers new or leased passenger vehicles, combination vehicles, SUVs, trucks, business vehicles, RVs, and motorcycles that are purchased, leased, or registered in New Jersey. It also covers used vehicles that experience defects within the first two years of the original owner’s delivery date or 18,000 miles on the odometer – whichever comes first.
Although it doesn’t cover minor defects (like a non-working stereo system), the lemon law does force the manufacturer to stand by its product. In order for the lemon law to apply to new vehicles, the defects have to occur during the first two years from the delivery date or the first 18,000 miles on the odometer – whichever comes first. In addition, the vehicle must have been taken in three times for the same problem or been out of service for 20 business days due to a series of unrelated problems. Plus, you have to notify the manufacturer of the problem and give them one last opportunity to fix it.
If you think you have a lemon, you basically have three choices: you can use the manufacturer’s dispute resolution process; you can use the Division of Consumer Affairs’ Automotive Dispute Resolution Program; or you can go to court. Before you begin, though, you should have a lemon law lawyer by your side. After all, you can be sure that the manufacturer’s team of legal eagles will be there to fight your claim every step of the way.
The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. Often, with the help of a lawyer, you can get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process."
Very important information!
Tuesday, September 23, 2008
What to Look for in a Contractor
Have you ever had the experience of hiring a contractor, paying them and then helplessly wait for them to show up? If they fail to complete the job or perform less than good workmanlike quality, you may file a criminal complaint against them here in New Jersey.
Before the Honorable Thomas F. Kelaher became mayor of Toms River, he was the Prosecutor of Ocean County, New Jersey. His office enforced state regulations under a new initiative called "Operation One-Two Punch," that required all home improvement contractors to register with the state of New Jersey and comply with various regulations.
A contractor not registered with the State can be charged with an indictable offense.
As always,
-Request the Contractor's Registration number and liability insurance
-Confirm that they are bonded
-Contact the New Jersey Division of Consumer Affairs Website, http://www.njconsumeraffairs.com/ for the registration
-Contact the contractor's insurance agent to confirm insurance policy
-Contact the Ocean County Division of Consumer Affairs, 732-929-2105 to determine if a contractor has been the subject of any complaints
-If a problems exists, contact your local police
Before the Honorable Thomas F. Kelaher became mayor of Toms River, he was the Prosecutor of Ocean County, New Jersey. His office enforced state regulations under a new initiative called "Operation One-Two Punch," that required all home improvement contractors to register with the state of New Jersey and comply with various regulations.
A contractor not registered with the State can be charged with an indictable offense.
As always,
-Request the Contractor's Registration number and liability insurance
-Confirm that they are bonded
-Contact the New Jersey Division of Consumer Affairs Website, http://www.njconsumeraffairs.com/ for the registration
-Contact the contractor's insurance agent to confirm insurance policy
-Contact the Ocean County Division of Consumer Affairs, 732-929-2105 to determine if a contractor has been the subject of any complaints
-If a problems exists, contact your local police
Wednesday, July 16, 2008
Common Mistakes When Buying a Home
Today’s housing market has been labeled a Buyers Market. This does not mean, however, to throw caution to the wind and let your guard down when shopping for a new home. As you peruse the Listings in the paper or cruise around neigborhoods, keep the following in mind:
1. Resist Living Beyond your means. Very often we see ourselves in the home of our dreams and forget that the dream home we bought could quickly turn into a nightmare. Although a home is an investment, it should be a home that you can afford even if you suffer a short layoff or gap in income for a few months. It is far less stressful to buy a smaller home and gain some financial freedom when it comes to decorating, adding features and unexpected expenses.
2. Do not buy the first home you see. In this market, it is important to take your time and make sure that you have given yourself a chance to see a fair number of homes with different prices, locations and sizes.
3. Waiting for the Perfect Home. On the other end of the spectrum is the attitude that the perfect home is out there, and it will be found one day. Just like in the Samuel Beckett play, Waiting for Godot, where two men find themselves waiting for someone named Godot who never arrives, the problem of searching endlessly for the perfect home results often with most of the homes whose features they seek are being purchased. Or, if they wait long enough, market prices might even go up, leaving a homebuyer spending even more! Understand that it’s important to look for a home that has all of the necessary features your family needs, but don’t expect a perfect home that meets all of your desires in your price range will suddenly appear.
4. Shop around for a Mortgage Lender. It is tempting use the first lender who offers you a reasonable interest rate, but resist this. There are many lenders with many different programs. Ask them frankly not only what interest rate they can offer, but a good faith estimate (GFE). The GFE will show you not only the proposed interest rate, but the lenders fees, such as application, review fees, etc. Also, at the proposed rate, ask what will the payments be? Does that include property taxes and homeowners insurance?? Can you easily afford that? If not, you are taking a risk that may not be justified.
If you keep these points in mind, you would have a great start of finding a new home.
1. Resist Living Beyond your means. Very often we see ourselves in the home of our dreams and forget that the dream home we bought could quickly turn into a nightmare. Although a home is an investment, it should be a home that you can afford even if you suffer a short layoff or gap in income for a few months. It is far less stressful to buy a smaller home and gain some financial freedom when it comes to decorating, adding features and unexpected expenses.
2. Do not buy the first home you see. In this market, it is important to take your time and make sure that you have given yourself a chance to see a fair number of homes with different prices, locations and sizes.
3. Waiting for the Perfect Home. On the other end of the spectrum is the attitude that the perfect home is out there, and it will be found one day. Just like in the Samuel Beckett play, Waiting for Godot, where two men find themselves waiting for someone named Godot who never arrives, the problem of searching endlessly for the perfect home results often with most of the homes whose features they seek are being purchased. Or, if they wait long enough, market prices might even go up, leaving a homebuyer spending even more! Understand that it’s important to look for a home that has all of the necessary features your family needs, but don’t expect a perfect home that meets all of your desires in your price range will suddenly appear.
4. Shop around for a Mortgage Lender. It is tempting use the first lender who offers you a reasonable interest rate, but resist this. There are many lenders with many different programs. Ask them frankly not only what interest rate they can offer, but a good faith estimate (GFE). The GFE will show you not only the proposed interest rate, but the lenders fees, such as application, review fees, etc. Also, at the proposed rate, ask what will the payments be? Does that include property taxes and homeowners insurance?? Can you easily afford that? If not, you are taking a risk that may not be justified.
If you keep these points in mind, you would have a great start of finding a new home.
Thursday, July 10, 2008
The Tough Housing Market
"NEW YORK (CNNMoney.com) -- The number of Americans losing their homes to foreclosure continued to soar in June, according to a report released Thursday.
RealtyTrac, an online marketer of foreclosed properties, reported that lenders repossessed 71,563 homes in June. A year ago, just 26,369 homes were taken back.
During the first six months of 2008, 343,159 Americans lost their homes, up 136% from 145,696 recorded during the same period in 2007.
The report revealed that foreclosure filings of all types, including notices of default, notices of auction sales and bank repossessions, rose 53% from June 2007, to 252,363. For the first six months, total filings rose 56% to 1.4 million."
If you are faced with major issues such as these, it is important to focus on the solutions. If you have already tried negotiating with the bank, tried contacting a realtor to see if the home could be sold. Be realistic with your price. Make sure that it is priced according to the comparable homes in your area.
RealtyTrac, an online marketer of foreclosed properties, reported that lenders repossessed 71,563 homes in June. A year ago, just 26,369 homes were taken back.
During the first six months of 2008, 343,159 Americans lost their homes, up 136% from 145,696 recorded during the same period in 2007.
The report revealed that foreclosure filings of all types, including notices of default, notices of auction sales and bank repossessions, rose 53% from June 2007, to 252,363. For the first six months, total filings rose 56% to 1.4 million."
If you are faced with major issues such as these, it is important to focus on the solutions. If you have already tried negotiating with the bank, tried contacting a realtor to see if the home could be sold. Be realistic with your price. Make sure that it is priced according to the comparable homes in your area.
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