Legal Question in Business Law in New Jersey

Re: Being sued by a store

If you are being sued, even in small claims court, you need to retain an attorney as soon as possible to assist in defending your case.

Your description indicates that you probably have a number of factual and legal defenses to your case. Even if you did have an (oral?) contract with the store; even if it is enforceable; and even if they can prove you breached that agreement; the store would still have to prove that it suffered damages as a result of the breach, and the amount of those damages.

If you do not appear in court, a default judgment may be entered against you. You may have a counterclaim against the store, but you would have to consult with an attorney to decide what the best approach to take would be.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Being sued by a store

New Jersey has a Consumer Fraud law(code) dealing with the ordering and delivery of furniture. I have included most of it here. Hope it helps.

DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS

13:45A-5.1 Deceptive practices; generally

(a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for

merchandise ordered for future delivery shall:

1. Deliver all of the ordered merchandise by or on the promised delivery date; or

2. Provide written notice to the consumer of the impossibility of meeting the promised delivery date. The notice

shall offer the consumer the option to cancel said order with a prompt, full refund of any payments already

made or to accept delivery at a specified later time. Said written notice shall be mailed on or prior to the

delivery date.

(b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a

partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer

the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

(c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

13:45A-5.2 Contract forms; date of order

(a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in

ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or before (insert date or length of time

agreed upon).

(b) The blank delivery date shall be filled in by the seller either as a specific day of a specific month or as a length of time

agreed upon by the buyer and seller (for example, �six weeks from date of order�).

13:45A-5.3 Contract form; delayed delivery

(a) The contract forms or sales documents shall conspicuously disclose the seller�s obligations in the case of delayed

delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales

document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised delivery date, (insert name of seller) must

offer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made, or

(2) accepting delivery at a specific later date.

(b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New

Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

Glen H Chulsky

www.njconsumerfraudlawyers.com