Legal Question in Business Law in New Jersey

lega rights of a merchant concerning a consumer

I have been a victim of unethical

conduct on the part of a merchant.

Jewelry store) Can the store take any

legal action against me if I speak to

prospective buyers and inform them of

the store's unethical and fraudulent

practices. I would speak to them

outside the store. I have a $5,400.00

credit at this store and want my money

back.


Asked on 2/15/07, 2:06 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: lega rights of a merchant concerning a consumer

There are safer ways to handle the problem. Let's look at your method first.

If you interfere with the business, you are likely to be sued and the merchant might get a restraining order against you. That would get the matter into court where the merchant would claim that you were defaming his business and you would defend but offering to prove that everything that you said was absolutely true. You must also counterclaim at that time for the amount that you contend is owed or risk losing that claim. Either party might win and, if the judge rules against you, you will be out your expenses of suit plus damages to the merchant. If you win, you will get your money.

Let's look at what I think is better. Sue the merchant. Make your case and, if the judge agrees, you will get a judgment for the money. You will still have the expenses of the suit, but you were going there anyway. If the merchant doesn't pay, there are any number of ways to collect the judgment. You could also feel pretty safe in handing out copies of your complaint and the judgment because they are public records and the fact of their entry is unassailable. Of course, I don't recommend that you do that unless and until you have discussed exactly what you intend to do with your lawyer.

The court is there so that people in your position have a peaceable remedy. Use it.

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

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Answered on 2/15/07, 3:38 pm


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