Articles Posted in Lemon Law Lawyer

The laws in the State of New Jersey on repossession are based on two things: there is both common law and statutory law addressing the relationship between the parties. Statutory law for repossession of the automobile or collateral is based on the Uniform Commercial Code. The Uniform Commercial Code specifically states when a vehicle or a piece of collateral may be repossessed.

The primary event to which the code references is a ‘default.’ Obviously, a default would refer to the written agreement between the parties to determine when there is in fact a default. This means that if the payments are due on the first of the month and the payments are not made, this would be ordinarily deemed a default of the agreement between the parties.
The legal significance of the default is addressed by the Uniform Commercial Code and permits the finance company or the party not in default to take appropriate action. The actions permitted to be taken by the finance company are also contained in the agreement between the parties. Usually, the agreement will make reference to self-help repossession or replevin. These terms and conditions are also addressed by the Uniform Commercial Code.

Originally, I filed a law suit against the new Chrysler Corporation with regard to a vehicle which was purchased by a current client of mine. The client experienced numerous issues with this vehicle including transmission, brakes and electrical problems. My client is alleging that there were numerous repairs on the breaks during the first 34,000 miles. Specifically, my client had to get authorization and claim number from Chrysler before any repairs would be done. We have been doing research on the internet and are attempting to discern the nature and extent of numerous prior problems by any 2008 Town & Country owners.

If you are a Town & Country owner, 2008, and have any complaints, communications with the manufacturer, communications with the selling dealer or other e-mail communications, please contact this law firm so that we might discuss obtaining this information from you.

Under New Jersey law, for a Lemon Law claim, the plaintiff is obligated to prove under certain circumstances that the use, value and safety of a vehicle have been substantially impaired. The claims in this case revolve around defective brakes, defective transmission and a defective electrical system, and the plaintiff is alleging that the use, value and safety have been substantially impaired.

This is a list of questions that a jury might have to answer at the end of a trial:

1. Do you find by a preponderance of the evidence that the Defendant committed any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation as I have defined in connection with the transaction involving the sale of the subject vehicle?

YES _______ NO _______ VOTE ________

Demand for Arbitration, the Car has Prior Damage:

Subsequent to purchasing the vehicle, the plaintiff learned that the vehicle had been in a prior accident. The prior accident was demonstrated by the pulling of a CARFAX and an AutoCheck. Specifically, on or about XXX, the vehicle was in an accident in Connecticut. This was contrary to the representations as stated by the dealership and their representatives.

When the plaintiff learned this, he did some research, had it taken to three body shops, confirmed the damage and approached the defendant, their agents, servants and/or employees with regard to an attempt to have them repurchase the vehicle. They flatly denied that the plaintiff would have the vehicle repurchased, stated that the plaintiff had signed an agreement to waive his rights to go to court.

The New Jersey Consumer Fraud Act is to be Watered Down, significantly.

New Jersey has one of the strongest Consumer Fraud Acts in the United States.

There is pending legislation to change the Consumer Fraud Act and make it easier to avoid civil penalties for fraud.

Amy Handlin and John McKeon are sponsoring an anti-consumer bill that would change the business landscape in New Jersey.

A key provision of the new New Jersey Consumer Fraud Act would exempt out of state transactions. This means the following: if someone in New Jersey commits consumer fraud upon a non-resident (living in NY, PA or CT) there are no consequences.

“a. apply only to transactions that take place in the State”

Car Salesmen and Dealerships to be Protected with Proposed Changes in Consumer Fraud Act.

Amy Handlin and Jack McKeon have sponsored and introduced ANTI-CONSUMER legislation to reduce consumer rights and protect car dealerships.

The changes in the Consumer Fraud Act would exempt or limit liability against businesses that are already regulated, such as car dealerships. It would also limit liability for consumers who consummate out-of-state transactions. This arguably contradicts other legislation that has been introduced to increase liability for those committing consumer fraud.

CHANGES IN THE NEW JERSEY CONSUMER FRAUD ACT TO PROTECT CAR SALESMAN

Amy Handlin is the co-sponsor on this bill to protect car salesman

John McKeon is the primary Sponsor on this bill to protect car salesmen.

New Jersey Courts

The New Jersey court system has, for civil courts, three separate levels. The most basic and lowest level in the New Jersey court system is known as Small Claims. In Small Claims, you may sue a defendant or counterclaim against a plaintiff for up $3,000. Initially, in this type of court case, you must go to the county in which the defendant resides and file a claim through the court. You will fill out the appropriate forms and the court sends the notice to the defendant and gives you a court date. The defendant is not required to file an answer, but if they wish to do so, they might with a counterclaim. The court date occurs within 30 to 45 days from the filing of the lawsuit.

The next level for the New Jersey is known as the Special Civil Part Law Division. Claims in this court range up to $15,000 as a maximum. However, not counted within the cap is a claim for attorney’s fees and costs under the New Jersey Consumer Fraud Act. Presumptively, this would also apply to warranty claims as well. In this matter, as a defendant, you are required to file an answer as well as a counterclaim, so you are unable to sit back and do nothing and await a court date. In this action, discovery is also permitted under the court rules; however, not in depositions. If you want a deposition, you must make an application to the court to request a deposition of the adversary. Written discovery is permitted, such as interrogatories and demand for documents, and subpoenas are permitted to be issued. Offer of judgment may not be used in the Special Civil Part or the Law Division. Motion practice varies by county, but under the theory, you might file a motion for the defendant’s failure to provide discovery and if this is opposed, the court will list it for oral argument. However, please check with the specific county in which you have filed to check this procedure with the specific court.