Author Topic: Any Lawyers out there of whom I may ask a question? (Read 169924 times)

AJK · « **Reply #120 on:** March 30, 2016, 01:46:31 PM »

Quote from: davidd75 on March 30, 2016, 12:26:23 PM

Small claims fees will only be about $47. And I can claim that fee back as well?

Generally no.

Quote from: ya on March 30, 2016, 12:28:06 PM

If you win.

Do you know that it works differently in NJ than the general rule?

Venilla · « **Reply #121 on:** March 30, 2016, 01:50:36 PM »

I have 2 questions to ask. If any lawyer is willing to answer please PM me.
Thanks!

henche · « **Reply #122 on:** March 30, 2016, 03:27:55 PM »

Quote from: ya on March 30, 2016, 10:41:19 AM

generally worth it to just move on. you are going to sue for $400 after court fees and time its just not worth it.

Move to MA. Consumer protection laws FTW. treble damages plus attorneys fees if they refuse to reasonably settle (or soemthign like that)

davidd75 · « **Reply #123 on:** March 30, 2016, 05:07:27 PM »

Quote from: AJK on March 30, 2016, 01:45:54 PM

Doesn't hurt you, but you may consider threatening him with both of these things before you file. Perhaps he'll agree to avoid the headache.

So I spoke to NJ consumer affairs which said I can make a complaint but that if I file a small claims court action they will stop their investigation as they will not investigate if there is a pending small claims suit. Looks like I can only do one at a time. So which one should I file first? consumer fraud investigation or small claims case? I guess it depends on the outcome of the NJ consumer fraud complaint as it can help me with a subsequent small claims case or if not a favorable could potentially be used against me by my adversary in subsequent small claims suit??

anybody care to chime in

davidd75 · « **Reply #124 on:** March 30, 2016, 05:22:28 PM »

Quote from: AJK on March 30, 2016, 01:45:54 PM

Doesn't hurt you, but you may consider threatening him with both of these things before you file. Perhaps he'll agree to avoid the headache.

But then they might do this to others

good sam · « **Reply #125 on:** March 30, 2016, 06:27:57 PM »

Quote from: Venilla on March 30, 2016, 01:50:36 PM

I have 2 questions to ask. If any lawyer is willing to answer please PM me.
Thanks!

Any particular area of law?

good sam · « **Reply #126 on:** March 30, 2016, 06:28:36 PM »

Quote from: Shmuel4 on March 16, 2016, 03:11:54 PM

I need help transferring a slum property from 1 LLC to another both in my name. Can someone with experience in this please PM me?

Thank you

PM me if still applicable.

Venilla · « **Reply #127 on:** March 30, 2016, 07:19:24 PM »

Quote from: good sam on March 30, 2016, 06:27:57 PM

Any particular area of law?

Not sure how it's called in the professional world...

Maybe tax laws?

good sam · « **Reply #128 on:** March 30, 2016, 11:34:04 PM »

Quote from: Venilla on March 30, 2016, 07:19:24 PM

Not sure how it's called in the professional world... Maybe tax laws?

Henche's your man

Venilla · « **Reply #129 on:** March 30, 2016, 11:52:30 PM »

Quote from: good sam on March 30, 2016, 11:34:04 PM

Henche's your man

I gotta wait for him to PM me... Oh wait, is he a man?

davidd75 · « **Reply #130 on:** March 31, 2016, 12:42:21 PM »

So I spoke to NJ consumer affairs which said I can make a complaint but that if I file a small claims court action they will stop their investigation as they will not investigate if there is a pending small claims suit. Looks like I can only do one at a time. So which one should I file first? consumer fraud investigation or small claims case? I guess it depends on the outcome of the NJ consumer fraud complaint as it can help me with a subsequent small claims case or if not a favorable could potentially be used against me by my adversary in subsequent small claims suit??

anybody care to chime in I would like to know what your strategy would be?

username · « **Reply #131 on:** March 31, 2016, 02:44:14 PM »

Quote from: davidd75 on March 30, 2016, 05:22:28 PM

But then they might do this to others

And why do think the SC court will make him stop?

ExGingi · « **Reply #132 on:** March 31, 2016, 04:35:53 PM »

Quote from: davidd75 on March 31, 2016, 12:42:21 PM

So I spoke to NJ consumer affairs which said I can make a complaint but that if I file a small claims court action they will stop their investigation as they will not investigate if there is a pending small claims suit. Looks like I can only do one at a time. So which one should I file first? consumer fraud investigation or small claims case? I guess it depends on the outcome of the NJ consumer fraud complaint as it can help me with a subsequent small claims case or if not a favorable could potentially be used against me by my adversary in subsequent small claims suit??

anybody care to chime in I would like to know what your strategy would be?

It's $400 - it's yiddishe gelt, but your time is probably more precious! You've already spent time and mental energy on this.

I would say try NJ Consumer Affairs, it might, or might not get you somewhere. After that's done, make a quick decision if you want to go to small claims court (BTW - did you ever try to confront the place and just ask for your money back?, did you by any chance pay by Credit Card and have them help you fight?).

davidd75 · « **Reply #133 on:** March 31, 2016, 05:00:34 PM »

Quote from: username on March 31, 2016, 02:44:14 PM

And why do think the SC court will make him stop?

Don't you think filing a claim in SC and a complaint with the NJ consumer fraud division will make him less likely to repeat this action rather than just settling with him?

davidd75 · « **Reply #134 on:** March 31, 2016, 05:04:50 PM »

Quote from: ExGingi on March 31, 2016, 04:35:53 PM

It's $400 - it's yiddishe gelt, but your time is probably more precious! You've already spent time and mental energy on this.

I would say try NJ Consumer Affairs, it might, or might not get you somewhere. After that's done, make a quick decision if you want to go to small claims court (BTW - did you ever try to confront the place and just ask for your money back?, did you by any chance pay by Credit Card and have them help you fight?).

they wanted cash only. My only reservation about the nj consumer affairs division is that if their investigation is inconclusive (i am not sure how the NJ investigator will be able to conclusively determine the leak is from the same exact location that they supposedly fixed) that might be used against me in a subsequent small claims court case?

ExGingi · « **Reply #135 on:** March 31, 2016, 05:30:33 PM »

Quote from: davidd75 on March 31, 2016, 05:04:50 PM

they wanted cash only. My only reservation about the nj consumer affairs division is that if their investigation is inconclusive (i am not sure how the NJ investigator will be able to conclusively determine the leak is from the same exact location that they supposedly fixed) that might be used against me in a subsequent small claims court case?

Do you have documentation for the cash payment? Was sales tax collected? Does the business officially accept credit cards (if they do and refuse to take them from you, I think that might be a violation).

davidd75 · « **Reply #136 on:** April 01, 2016, 09:19:27 AM »

Quote from: ExGingi on March 31, 2016, 05:30:33 PM

Do you have documentation for the cash payment? Was sales tax collected? Does the business officially accept credit cards (if they do and refuse to take them from you, I think that might be a violation).

yes I have a receipt I paid in cash. They do not accept cc.

who is in violation when no sales tax is collected? the customer paying, the business receiving or both?

username · « **Reply #137 on:** April 01, 2016, 12:41:31 PM »

Quote from: davidd75 on March 31, 2016, 05:00:34 PM

Don't you think filing a claim in SC and a complaint with the NJ consumer fraud division will make him less likely to repeat this action rather than just settling with him?

No.
Because when was the last time that you needed a mechanic on the road and checked if there were ant SC judgements or NJCF complaints against them. If he's dishonest, he's dishonest.

schneury · « **Reply #138 on:** April 01, 2016, 01:10:06 PM »

Looking for a lawyer that specializes in illegal basement rentals in Brooklyn

ya · « **Reply #139 on:** April 01, 2016, 01:33:03 PM »

Quote from: schneury on April 01, 2016, 01:10:06 PM

Looking for a lawyer that specializes in illegal basement rentals in Brooklyn

PM me