Legal Question in Consumer Law in New Jersey
Internet Purchase
I made a purchase online. The items were not shipped, however the company debited the money from my Visa debit card. It has been over 4 months and I have not received refund. Can I file a small claims case. I am in Arizona, the company is in New Jersey.
2 Answers from Attorneys
Re: Internet Purchase
Assuming that you have given all of the needed information (and no insult, I assure you, it is almost impossible for a person to give ALL of the critical information in a posting like this), then you may want to consider the following ideas.
What you are describing is just about fraud, and probably violates the NJ Consumer Fraud Act. Are they still in business? do they answer the phone? have you investigated to pursue this? You may want to call the NJ Department of Consumer Affairs, to see if they can help you. try http://www.njconsumeraffairs.net/home.htm, or call (973)
504-
6200
I am writing it in that funny way b/c this website does not let attorneys give out telephone numbers.
If you would like, give me a call; I am in northern New Jersey. The consultation may be free, speak to me and I will let you know ahead of time. I will do what I can to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Internet Purchase
Your first line of defense may be your Visa card. If it is a credit card and you have not yet paid the full balance, you may still be able to lodge a protest through Visa. They will charge the amount against the account of the vendor and put it in suspense. That increases the chances that you will get it back.
You may want to check the "long arm jurisdiction" of the Arizona small claims court. It is possible that you can get good service on the NJ company. It is also possible that the vendor has an office in Arizona or is registered to do business in Arizona. In that case, they can be served with process in Arizona.
Depending on the amount in question and the likelihood of finding a solvent vendor, you may be better off filing a suit in New Jersey through a New Jersey lawyer. New Jersey has a very pro-consumer Consumer Fraud statute. Defendant's are usually quick to settle an NJ consumer fraud suit because a judgment against them where fraud and ascertainable damages are shown carries a mandatory award of triple damages plus attorney fees. That is a big club.
I handle consumer fraud cases on a frequent basis and can help if that is your choice. Mr. Davies has also responded to your query and would be a good choice of attorney depending on your assessment and the location of the vendor in New Jersey.
Give that some thought and contact either of us using the contact information linked to this reply.
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