Legal Question in Consumer Law in New Jersey

Consumer Help

5 � years ago in May 2001, I purchased flooring & installation for a total price of $6,000 from a store in New Jersey where I live & where my house is located. I put down a deposit of $3,000 using my Visa credit card. When they installed the floor, the store did not complete the job; they did not cut all doors as agreed. The salesman threatened me with physical harm if I didn�t pay the balance, the mgr of operations would not speak with me & ignored my letter and the owner of the store, who did speak with me, refused to get involved. Soon after in Sept 2001 the store charged my credit card the other $3,000 without authorization. I immediately reported this to the credit card company, who found that there was a basis to and did cancel this charge as it was, in fact, unauthorized.

Since that time, I did not hear further from the store until this week, 5 � year later when I received a certified letter from a law firm asking for immediate payment and indicating that the store and the owner intends to take all legal means to collect.

Questions: Is it too late (statute of limitation) for the store to collect? As they never completed the work, what defense should I take? Should I sue? Should I just ignore them & see what they do?


Asked on 5/19/07, 6:42 pm

2 Answers from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Consumer Help

Based on the facts presented, you should be covered under the Home Improvement Regulations under the New Jersey Consumer Fraud Act. These regulations govern what the store/installer can and cannot do.

In addition, if the attorney does collections on a regular basis, then he would have to comply with the Fair Debt Collection Pratices Act.

You should consult with an attorney to determine the statute of limitations and the answers to the other issues as they are fact sensitve. www.njconsumerfraudlawyers.com

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Answered on 5/19/07, 8:29 pm
John Corbett Corbett Law Firm LLC

Re: Consumer Help

Timing is important and it is important that you consult with a lawyer before you respond to any contacts from the company or its lawyer. At this point it would not be advisable for you to sue them. It certainly sounds as if you have some defenses to any suit. One of these may be that the limitations period has expired or will expire shortly. That is an absolute defense when it works, but it is very fragile. You may also have counterclaims. So, it is better that your lawyer makes a response (if any). Discuss the details with an experienced business lawyer who can advise you on your best course of action.

My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/19/07, 8:34 pm


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