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New Jersey Home Improvement Fraud Information

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NEW JERSEY HOME REPAIR FRAUD FACTS

WHAT IS NEW JERSEY HOME REPAIR FRAUD?
New Jersey home repair fraud occurs when a New Jersey home improvement contractor or New Jersey home repair contractor commits certain misconduct when doing one of the following:
• False advertising in New Jersey home improvement services or false advertising in New Jersey home repair services.
• Misrepresentations in the sale of New Jersey home repairs or the sale of New Jersey home improvements
• Misrepresentations in the performance of New Jersey home repair contracts or misrepresentations in the performance of New Jersey home improvement contracts

WHO IS RESPONSIBLE FOR NEW JERSEY HOME REPAIR FRAUD?
New Jersey home repair fraud is committed by New Jersey home improvement contractors. Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement contractor is a person engaged in the business of making or selling home improvements and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees. Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement involves the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential or non-commercial property. Under the New Jersey Contractors’ Registration Act, a home improvement shall also include insulation installation, and the conversion of existing commercial structures into residential or non-commercial property. Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement contract means an oral or written agreement for the performance of a home improvement between a New Jersey home improvement contractor and a New Jersey homeowner, New Jersey tenant or New Jersey lessee of a residential or noncommercial New Jersey property and includes all New Jersey agreements under which the New Jersey home improvement contractor is to perform labor or render services for New Jersey home improvements, or furnish materials in connection therewith. Under the New Jersey Contractors’ Registration Act, New Jersey homes subject to New Jersey home repair fraud are residential or non-commercial properties - any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure. Under the New Jersey home improvement regulations, "Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercial property, but does not include the construction of a new residence. The term extends to the conversion of existing commercial structures into residential or noncommercial property and includes any of the above activities performed under emergency conditions. Under the New Jersey home improvement regulations, "Home improvement contract" means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith. The New Jersey home improvement regulations apply to "residential or non-commercial property" which means a structure used, in whole or in substantial part, as a home or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurtenant structures. The sellers and sales representatives of New Jersey home improvements may be liable for New Jersey consumer fraud under New Jersey home improvement regulations. Under the New Jersey home improvement regulations, sales representative" means a person employed by or contracting with a seller for the purpose of selling home improvements. Under the New Jersey home improvement regulations, "Seller" means a person engaged in the business of making or selling home improvements and includes corporations, partnerships, associations and any other form of business organization or entity, and their officers, representatives, agents and employees. Except for certain persons exempted by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act, any person who advertises in print or puts out any sign or card or other device on or after December 31, 2005, which would indicate to the public that he is a contractor in New Jersey, or who causes his name or business name to be included in a classified advertisement or directory in New Jersey on or after December 31, 2005, under a classification for home improvements covered by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act, is subject to the provisions of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act. This section shall not be construed to apply to simple residential alphabetical listings in standard telephone directories. The provisions of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act shall apply to any person engaging in any of the activities regulated by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act in this State, including persons whose residence or principal place of business is located outside of this State.

EXAMPLES OF NEW JERSEY HOME REPAIR FRAUD CASES
In the following New Jersey home repair fraud cases, home repair contractors were potentially liable for New Jersey home repair fraud:
• landscaping services.
• cleaning & restoration services, such as fire or flood mitigation work.
• manager of real estate investment & management companies who: (1) located properties for companies to purchase; (2) oversaw renovations; (3) hired subcontractors; & (4) managed the company’s rental properties.
• contractor other than home builder in direct privity with homeowner.
• contractor claiming homeowners acted as their own general contractor, when the contractor: (1) prepared the contract between the parties; (2) agreed to perform New Jersey home improvements at the homeowners’ residence; (3) was listed as “Contractor” & indicated that contractor would “furnish all materials & necessary equipment & perform all labor necessary to complete the ... work;” & (4) “precluded ‘any alteration or deviation from the plans & specification’ without written orders for same.”
• unoccupied property having both residential & commercial uses.
• Homeowner contracting directly with building contractor to perform a New Jersey home improvement, without engaging the services of a general contractor.


WHEN MIGHT A NEW JERSEY HOME IMPROVEMENT NOT FALL UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
The New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act shall not apply to:

a. Any person required to register pursuant to "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467(C.46:3B-1 et seq.);
b. Any person performing a home improvement upon a residential or non-commercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization;
c. Any person regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification, or licensure by the State, who is acting within the scope of practice of his profession;
d. Any person who is employed by a community association or cooperative corporation;
e. Any public utility as defined under R.S.48:2-13;
f. Any person licensed under the provisions of section 16 of P.L.1960, c.41 (C.17:16C-77); and
g. Any home improvement retailer with a net worth of more than $50,000,000, or employee of that retailer.

THE DIFFERENT TYPES OF NEW JERSEY HOME REPAIR FRAUD
Every New Jersey home repair fraud essentially consists of one party obtaining an unfair advantage by some act or omission that is unconscientious or a violation of good faith. There are different types of New Jersey home repair fraud: (1) New Jersey common law legal fraud in New Jersey home repairs; (2) New Jersey equitable fraud in New Jersey home repairs; and (3) New Jersey consumer fraud in New Jersey home repairs.

WHAT IS COMMON LAW NEW JERSEY HOME IMPROVEMENT FRAUD?
“Common law New Jersey home repair fraud” is a term for the type of New Jersey home repair fraud that New Jersey Courts have recognized over time in the courts’ written decisions called “case law. Common law New Jersey home repair fraud occurs when a New Jersey home repair contractor, New Jersey home improvement contractor or New Jersey seller of New Jersey home improvements:
• represents a past or present fact as true when it is in fact false;
• with the intent to deceive the victim to whom the representation is made;
• the New Jersey home repair fraud victim believes the representation to be true and acts or refrains from acting in justifiable reliance upon the representation; and
• the New Jersey home repair fraud victim suffers damage as a result of the other person’s misconduct.

WHAT IS EQUITABLE NEW JERSEY HOME REPAIR FRAUD?
“Equitable New Jersey home repair fraud” is different from legal New Jersey home repair fraud because the victim of the New Jersey home repair fraud seeks equitable relief -- relief originating in the doctrine of fairness rather than merely seeking to recover money for misconduct. Equitable New Jersey home repair fraud occurs when a New Jersey home repair contractor or New Jersey home improvement contractor or the seller of New Jersey home improvement services:
• represents a past or present fact as true when it is in fact false;
• the New Jersey home repair fraud victim believes the representation to be true and acts or refrains from acting in justifiable reliance upon the representation; and
• the New Jersey home repair fraud victim suffers damage as a result of the other person’s misconduct.

WHAT IS NEW JERSEY CONSUMER FRAUD?
Often, a New Jersey homeowner has the right to rely on representations made by a seller of New Jersey home repair services. New Jersey Consumer Fraud Act prohibits New Jersey home repair contractors, New Jersey home improvement contractors and the seller of New Jersey home improvement services from committing certain types of conduct. There are three possible ways for New Jersey home repair contractors, New Jersey home improvement contractors and the seller of New Jersey home improvement services subject to the restrictions of the New Jersey Consumer Fraud Act to violate the New Jersey Consumer Fraud Act.

NEW JERSEY CONSUMER FRAUD HOME REPAIR AFFIRMATIVE ACT VIOLATIONS
The first type of New Jersey Consumer Fraud Act violation involves affirmative acts – something that a person does voluntarily. Affirmative acts do not have to be physical acts, since they can also be any steps taken voluntarily by the person to advance a plan or design or to accomplish a purpose. Under the New Jersey Consumer Fraud Act, it is unlawful for certain New Jersey home repair contractors, New Jersey home improvement contractors and the seller of New Jersey home improvement services to engage in any of the following type of affirmative acts:
• unconscionable commercial practice -- an activity in the public marketplace, which is basically unfair or unjust, which materially departs from standards of good faith, honesty in fact and fair dealing.
• deception – conduct or an advertisement which is misleading to an average consumer to the extent that it is capable of and likely to, mislead an average consumer. It does not matter that, at a later time, it could have been explained to a more knowledgeable and inquisitive consumer, nor need the conduct or advertisement actually have misled the consumer. It is not important that the seller may have acted in good faith. Instead, it is the capacity to mislead that is important.
• fraud -- a perversion of the truth, a misstatement or a falsehood communicated to another person and creating the possibility that that other person will be cheated.
• false pretense -- an untruth knowingly expressed by a wrongdoer.
• false promise -- an untrue commitment or pledge, communicated to another person, to create the possibility that that other person will be misled.
• misrepresentation -- a statement made to deceive or mislead. An untrue statement, made about a fact which is important or significant to a sale or advertisement and which is communicated to another person to create the possibility that the other person will be misled.

NEW JERSEY CONSUMER FRAUD HOME REPAIR KNOWING OMISSION VIOLATIONS
The second type of New Jersey Consumer Fraud Act violation involves acts of omission – a New Jersey home repair contractor, New Jersey home improvement contractor or New Jersey seller of New Jersey home improvements’ failure to do something that the law requires be done. Omissions that violate the New Jersey Consumer Fraud Act consist of any of the following:
• knowing concealment of any material fact.
• suppression of any material fact.
• omission of any material fact.

NEW JERSEY CONSUMER FRAUD PER SE HOME REPAIR VIOLATONS
The third type of New Jersey Consumer Fraud Act violation is the violation of a law passed by the New Jersey Legislature or the violation of a regulation adopted by the New Jersey Division of Consumer Affairs. These laws and regulations prohibit certain from performing certain kinds of conduct. The New Jersey consumer fraud per se home repair violations can be one of 3 kinds of violations:
• violations of the New Jersey Consumer Fraud Home Improvement Regulations
• violations of the New Jersey Home Improvement Contractor Registration Regulations
• violations of the New Jersey Contractors’ Registration Act

HOW DOES A NEW JERSEY HOME IMROVEMENT CONTRACTOR VIOLATE THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
Under the New Jersey home improvement regulations, utilization by a seller of the following acts and practices involving the sale, attempted sale, advertisement or performance of New Jersey home improvements shall be unlawful. The following are some examples of actions by a New Jersey home improvement contractor that violate the New Jersey Home Improvement Regulations.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MAKING MODEL HOME MISREPRESENTATIONS A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, the New Jersey home improvement contractor cannot misrepresent or falsely state to a prospective buyer that the buyer's residential or noncommercial property is to serve as a "model" or "advertising job", or use any other prospective buyer lure to mislead the New Jersey homeowner into believing that a price reduction or other compensation will be received by reason of such representations.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MAKING PRODUCT AND MATERIAL MISREPRESENTATIONS
Under the New Jersey home improvement regulations, the New Jersey home improvement contractor cannot misrepresent directly or by implication that products or materials to be used in the home improvement:
i. Need no periodic repainting, finishing, maintenance or other service;
ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer
or exclusively distributed by the seller;
iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics
or features;
iv. Perform certain functions or substitute for, or are equal in performance to, other products
or materials;
v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;
vi. Are approved or recommended by any governmental agency, person, firm or organization,
or that they are the users of such products or materials;
vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;
viii. Are or will be custom-built or specially designed for the needs of the New Jersey homeowner; or
ix. May be serviced or repaired within the New Jersey homeowner's immediate trade area, or be maintained with replacement and repair parts which are readily available.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S ENGAGING IN BAIT SELLING
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot offer or represent specific products or materials as being for sale, where the purpose or
effect of the offer or representation is not to sell as represented but to bait or entice the
buyer into the purchase of other or higher priced substitute products or materials.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MAKING DISPARAGING, DEGRADING OR OTHERWISE DISCOURAGING REMARKS ABOUT THE PURCHASE OF PRODUCTS OR MATERIALS OFFERED OR REPRESENTED BY THE SELLER AS BEING FOR SALE BY THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot disparage, degrade or otherwise discourage the purchase of products or materials offered
or represented by the seller as being for sale to induce the New Jersey homeowner to purchase
other or higher priced substitute products or materials.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S REFUSAL TO SHOW, DEMONSTRATE OR SELL PRODUCTS OR MATERIALS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot refuse to show, demonstrate or sell products or materials as advertised, offered, or represented
as being for sale.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MAKING A SUBSTITUTION OF PRODUCTS OR MATERIALS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot substitute products or materials for those specified in the home improvement contract,
or otherwise represented or sold for use in the making of home improvements by sample,
illustration or model, without the knowledge or consent of the New Jersey homeowner.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S FAILURE TO HAVE PRODUCT MEET DEMANDS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot Fail to have available a quantity of the advertised product sufficient to meet reasonably
anticipated demands or misrepresent that certain products or materials are unavailable or that there will be a long delay in their manufacture, delivery, service or installation in order to induce a
buyer to purchase other or higher priced substitute products or materials from the seller.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S DECEPTIVELY GAINING ENTRY INTO A HOME
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot deceptively gain entry into the prospective buyer's home or onto the New Jersey homeowner's property under the guise of any governmental or public utility inspection, or otherwise misrepresent
that the seller has any official right, duty or authority to conduct an inspection.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS THAT OTHERS WILL ASSUME OBLIGATIONS UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent that the seller is an employee, office or representative of a manufacturer,
importer or any other person, firm or organization, or a member of any trade association, or that such person, firm or organization will assume some obligation in fulfilling the terms of the New Jersey home improvement contract.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO STATUS AUTHORITY OR POSITION IN AN ORGANIZATION
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent the status, authority or position of the sales representative in the organization
he represents.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO RELATIONSHIP TO PARTICULAR SELLER
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent that the sales representative is an employee or representative of or works
exclusively for a particular seller.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO AFFILIATION WITH GOVERNMENT OR PUBLIC AGENCY
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent that the seller is part of any governmental or public agency in any printed
or oral communication including but not limited to leaflets, tracts or other printed material,
or that any licensing denotes approval by the governmental agency.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO GIFT OFFERS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions
of the offer, including expiration date of the offer and when the gift, free item or bonus will be given or
fail to comply with the terms of such offer.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S PRICE AND FINANCING MISREPRESENTATIONS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot:
i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going
out of business, factory, wholesale, or any other special price or discount is being given,
or that any other concession is made because of a market survey or test, use of materials
left over from another job, or any other reason;
ii. Misrepresent that any person, firm or organization, whether or not connected with the
seller, is especially interested in seeing that the prospective buyer gets a bargain, special
price, discount or any other benefit or concession;
iii. Misrepresent or mislead the prospective buyer into believing that insurance or some
other form of protection will be furnished to relieve the New Jersey homeowner from obligations under the
contract if the New Jersey homeowner becomes ill, dies or is unable to make payments;
iv. Misrepresent or mislead the New Jersey homeowner into believing that no obligation will be incurred because of the signing of any document, or that the New Jersey homeowner will be relieved of some or all obligations under the New Jersey home improvement contract by the signing of any documents;
v. Request the New Jersey homeowner to sign a certificate of completion, or make final payment on the New Jersey home improvement contract before the home improvement is completed in accordance with the terms of the
contract;
vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery
or installation, or that other requirements must be fulfilled by the New Jersey homeowner as a condition
to the performance of labor, services, or the furnishing of products or materials at
the offered or contract price;
vii. Mislead the prospective buyer into believing that the down payment or any other sum
constitutes the full amount the New Jersey homeowner will be obligated to pay;
viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing
charges, interest service charges, credit investigation costs, building or installation
permit fees, or other obligations, charges, cost or fees to be paid by the New Jersey homeowner;
ix. Advise or induce the New Jersey homeowner to inflate the value of the New Jersey homeowner's property or assets, or to misrepresent or falsify the New Jersey homeowner's true financial position in order to obtain credit; or x. Increase or falsify the New Jersey home improvement contract price, or induce the New Jersey homeowner by any means to misrepresent or falsify the New Jersey home improvement contract price or value of the home improvement for financing purposes or to obtain additional credit.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S NONPERFORMANCE OF CERTAIN OBLIGATIONS UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot:
i. Deliver materials, begin work, or use any similar tactic to unduly pressure the New Jersey homeowner into a home improvement contract, or make any claim or assertion that a binding contract
has been agreed upon where no final agreement or understanding exists;
ii. Fail to begin or complete work on the date or within the time period specified in the
home improvement contract, or as otherwise represented, unless the delay is for reason
of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any
other cause beyond the seller's control. Any changes in the dates or time periods stated
in a written contract shall be agreed to in writing; or
iii. Fail to give timely written notice to the New Jersey homeowner of reasons beyond the seller's control for any delay in performance, and when the work will begin or be completed.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S DISPARAGEMENT OF COMPETITORS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot:
i. Misrepresent that the work of a competitor was performed by the seller;
ii. Misrepresent that the seller's products, materials or workmanship are equal to or better
than those of a competitor; or
iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.
9. Sales representations:
i. Misrepresent or mislead the New Jersey homeowner into believing that a purchase will aid or help some
public, charitable, religious, welfare or veterans' organization, or misrepresent the extent
of such aid or assistance;
ii. Knowingly fail to make any material statement of fact, qualification or explanation if the
omission of such statement, qualification or explanation causes an advertisement, announcement,
statement or representation to be false, deceptive or misleading; or
iii. Misrepresent that the customer's present equipment, material, product, home or a part
thereof is dangerous or defective, or in need of repair or replacement.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S OBLIGATIONS PERTAINING TO PERMITS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot:
i. commence work until he is sure that all applicable state or local building and construction permits have been issued as required under state laws or local ordinances; or
ii. Where midpoint or final inspections are required under state laws or local ordinances,
copies of inspection certificates shall be furnished to the New Jersey homeowner by the seller when construction is completed and before final payment is due or the signing of a completion slip
is requested of the New Jersey homeowner.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MANDATORY WARRANTY DISCLOSURES Under the New Jersey home improvement regulations, a New Jersey home improvement seller shall furnish the New Jersey homeowner a written copy of all guarantees or warranties made
with respect to labor services, products or materials furnished in connection with home
improvements. Such guarantees or warranties shall be specific, clear and definite and
shall include any exclusions or limitations as to their scope or duration. Copies of all
guarantees or warranties shall be furnished to the New Jersey homeowner at the time the seller presents
his bid as well as at the time of execution of the New Jersey home improvement contract, except that separate guarantees or warranties of the manufacturer of products or materials may be furnished at the
time such products or materials are installed.

REQUIREMENT THAT CERTAIN NEW JERSEY HOME IMPROVEMENT CONTRACTS BE IN WRITING
Under the New Jersey home improvement regulations, all home improvement contracts for a purchase price in excess of $500.00, and all changes in the terms and conditions thereof shall be in writing. Home improvement contracts which are required by this subsection to be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth in legible form and in understandable language all terms and conditions of the New Jersey home improvement contract, including, but not limited to, the following:
i. The legal name and business address of the seller, including the legal name and business
address of the sales representative or agent who solicited or negotiated the New Jersey home improvement contract
for the seller;
ii. A description of the work to be done and the principal products and materials to be used
or installed in performance of the New Jersey home improvement contract. The description shall include, where applicable,
the name, make, size, capacity, model, and model year of principal products or fixtures
to be installed, and the type, grade, quality, size or quantity of principal building or
construction materials to be used. Where specific representations are made that certain
types of products or materials will be used, or the New Jersey homeowner has specified that certain types
of products are to be used, a description of such products or materials shall be clearly
set forth in the New Jersey home improvement contract;
iii. The total price or other consideration to be paid by the New Jersey homeowner, including all finance
charges. If the New Jersey home improvement contract is one for time and materials, the hourly rate for labor and all
other terms and conditions of the New Jersey home improvement contract affecting price shall be clearly stated;
iv. The dates or time period on or within which the work is to begin and be completed by
the seller;
v. A description of any mortgage or security interest to be taken in connection with the financing
or sale of the home improvement; and
vi. A statement of any guarantee or warranty with respect to any products, materials, labor
or services made by the seller.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MAKING MANDATORY DISCLOSURES AND OBLIGATIONS CONCERNING PRESERVATION OF BUYERS' CLAIMS AND DEFENSES
Under the New Jersey home improvement regulations, If a person other than the New Jersey home improvement seller is to act as the general contractor or assume responsibility for performance of the New Jersey home improvement contract, the name and address of such person shall be disclosed in the oral or written contract, except as otherwise agreed, and the New Jersey home improvement contract shall not be sold or assigned without the written consent of the New Jersey homeowner. No New Jersey home improvement contract shall require or entail the execution of any note, unless such note shall have conspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers' claims and defenses.

A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S REGISTRATION WITH THE NEW JERSEY DIVISION OF CONSUMER AFFAIRS
On or after December 31, 2005, no person shall offer to perform, or engage, or attempt to engage in the business of making or selling New Jersey home improvements unless registered with the Division of Consumer Affairs in accordance with the provisions of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act. Every New Jersey home improvement contractor shall annually register with the New Jersey Division of Consumer Affairs. Application for registration shall be on a form provided by the division and shall be accompanied by a reasonable fee, set by the New Jersey Division of Consumer Affairs in an amount sufficient to defray the division's expenses incurred in administering and enforcing the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act. Every New Jersey home improvement contractor required to register under the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act shall file an amended registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment.


THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S DISCLOSURE OF CRIMINAL HISTORY AND OTHER IMPORTANT INFORMATION FOR REGISTRATION
In addition to any other procedure, condition or information required by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act:

a. Every New Jersey Home Improvement Contractor applicant shall file a disclosure statement with the New Jersey Division of Consumer Affairs stating whether the New Jersey Home Improvement Contractor applicant has been convicted of any crime, which for the purposes of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act shall mean a violation of any of the following provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction:

(1) Any crime of the first degree;

(2) Any crime which is a second or third degree crime and is a violation of chapter 20 or 21 of Title 2C of the New Jersey Statutes; or

(3) Any other crime which is a violation of N.J.S.2C:5-1, 2C:5-2, 2C:11-2 through 2C:11-4, 2C:12-1, 2C:12-3, 2C:13-1, 2C:14-2, 2C:15-1, subsection a. or b. of 2C:17-1, subsection a. or b. of 2C:17-2, 2C:18-2, 2C:20-4, 2C:20-5, 2C:20-7, 2C:20-9, 2C:21-2 through 2C:21-4, 2C:21-6, 2C:21-7, 2C:21-12, 2C:21-14, 2C:21-15, or 2C:21-19, chapter 27 or 28 of Title 2C of the New Jersey Statutes, N.J.S.2C:30-2, 2C:30-3, 2C:35-5, 2C:35-10, 2C:37-1 through 2C:37-4.

b. The New Jersey Division of Consumer Affairs may refuse to issue or may suspend or revoke any registration issued by him upon proof that the New Jersey Home Improvement Contractor applicant or holder of the registration:

(1) Has obtained a registration through fraud, deception or misrepresentation;

(2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

(3) Has engaged in gross negligence, gross malpractice or gross incompetence;

(4) Has engaged in repeated acts of negligence, malpractice or incompetence;

(5) Has engaged in professional or occupational misconduct as may be determined by the New Jersey Division of Consumer Affairs;

(6) Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act. For the purpose of this subsection a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

(7) Has had his authority to engage in the activity regulated by the New Jersey Division of Consumer Affairs revoked or suspended by any other state, agency or authority for reasons consistent with this section;

(8) Has violated or failed to comply with the provisions of any act or regulation administered by the New Jersey Division of Consumer Affairs;

(9) Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare.

c. An New Jersey Home Improvement Contractor applicant whose registration is denied, suspended, or revoked pursuant to this section shall, upon a written request transmitted to the New Jersey Division of Consumer Affairs within 30 calendar days of that action, be afforded an opportunity for a hearing in a manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

d. An New Jersey Home Improvement Contractor applicant shall have the continuing duty to provide any assistance or information requested by the New Jersey Division of Consumer Affairs, and to cooperate in any inquiry, investigation, or hearing conducted by the New Jersey Division of Consumer Affairs.

e. If any of the information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the New Jersey Home Improvement Contractor applicant shall provide that information to the New Jersey Division of Consumer Affairs, in writing, within 30 calendar days of the change or addition.

f. Notwithstanding the provisions of paragraph (6) of subsection b. of this section, no individual shall be disqualified from registration or shall have registration revoked on the basis of any conviction disclosed if the individual has affirmatively demonstrated to the New Jersey Division of Consumer Affairs clear and convincing evidence of the individual's rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:

(1) The nature and responsibility of the position which the convicted individual would hold;

(2) The nature and seriousness of the offense;

(3) The circumstances under which the offense occurred;

(4) The date of the offense;

(5) The age of the individual when the offense was committed;

(6) Whether the offense was an isolated or repeated incident;

(7) Any social conditions which may have contributed to the offense; and

(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have had the individual under their supervision.

THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S INSURANCE REQUIREMENTS
On or after December 31, 2005, every New Jersey Home Improvement Contractor registered under the New Jersey Home Improvement Contract Law who is engaged in home improvements shall secure, maintain and file with the New Jersey Division of Consumer Affairs proof of a certificate of commercial general liability insurance in a minimum amount of $500,000 per occurrence. Every New Jersey Home Improvement Contractor registered under the New Jersey Home Improvement Contract Law engaged in home improvements whose commercial general liability insurance policy is cancelled or nonrenewed shall submit to the New Jersey Division of Consumer Affairs a copy of the certificate of commercial general liability insurance for a new or replacement policy which meets the requirements of subsection a. of this section before the former policy is no longer effective.

THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S OBLIGATION TO DISPLAY THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR LAW REGISTRATION NUMBER AT CERTAIN PLACES AND ON CERTAIN NEW JERSEY HOME IMPROVEMENT DOCUMENTS AND NEW JERSEY HOME IMPROVEMENT ADVERTISEMENTS
All New Jersey Home Improvement Contractor registrants shall prominently display their registration numbers within their places of business, in all advertisements distributed within this State, on business documents, contracts and correspondence with consumers of home improvement services in this State, and on all commercial vehicles registered in this State and leased or owned by New Jersey Home Improvement Contractor registrants and used by New Jersey Home Improvement Contractor registrants for the purpose of providing home improvements, except for vehicles leased or rented to customers of New Jersey Home Improvement Contractor registrants by a registrant or any agent or representative therof. Any invoice, contract or correspondence given by a registrant to a consumer shall prominently contain the toll-free telephone number provided pursuant to section 14 of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act.


WHAT PENALTIES DO NEW JERSEY HOME IMPROVEMENT CONTRACTORS FACE IF THEY VIOLATE THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR LAW, ALSO KNOWN AS THE NEW JERSEY CONTRACTOR’S REGISTRATION ACT?
It is an unlawful practice and a New Jersey Consumer Fraud Act violation to violate any provision of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act. The following are some of the remedies that New Jersey home repair fraud victims may be entitled to under the New Jersey Consumer Fraud Act:
• Cancellation of fraudulent debts.
• Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
• Attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
• Refund of money lost due to the contractor’s New Jersey Consumer Fraud Act Violation.

In addition to any other penalty provided by law, a person who knowingly violates any of the provisions of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act is guilty of a crime of the fourth degree.

NEW JERSEY HOME IMPROVEMENT CONTRACT’S MANDATORY DISCLOSURES
On or after December 31, 2005, every New Jersey home improvement contract for a purchase price in excess of $500, and all changes in the terms and conditions of the contract, shall be in writing. The contract shall be signed by all parties thereto, and shall clearly and accurately set forth in legible form and in understandable language all terms and conditions of the contract, including but not limited to:

(1) The legal name, business address, and registration number of the New Jersey home improvement contractor;

(2) A copy of the certificate of commercial general liability insurance required of a contractor pursuant to section 7 of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act and the telephone number of the insurance company issuing the certificate; and

(3) The total price or other consideration to be paid by the owner, including the finance charges.

(4) The contract shall contain a conspicuous notice printed in at least 10-point bold-faced type as follows:

"NOTICE TO CONSUMER

YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:

1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR

2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:

(Name of Contractor)

(Address of Contractor)

(Phone Number of Contractor)

If you cancel this contract within the three-day period, you are entitled to a full refund of your money. Refunds must be made within 30 days of the New Jersey home improvement contractor's receipt of the cancellation notice."

THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S OBLIGATION TO CANCEL NEW JERSEY HOME IMPROVEMENT CONTRACT IN CERTAIN CIRCUMSTANCES
On or after December 31, 2005, a home improvement contract may be cancelled by a consumer for any reason at any time before midnight of the third business day after the consumer receives a copy of it. In order to cancel a contract the consumer shall notify the New Jersey home improvement contractor of the cancellation in writing, by registered or certified mail, return receipt requested, or by personal delivery, to the address specified in the contract. All moneys paid pursuant to the cancelled contract shall be fully refunded within 30 days of receipt of the notice of cancellation. If the consumer has executed any credit or loan agreement through the New Jersey home improvement contractor to pay all or part of the contract, the agreement or note shall be cancelled without penalty to the consumer and written notice of that cancellation shall be mailed to the consumer within 30 days of receipt of the notice of cancellation.

WHAT PENALTIES DO NEW JERSEY HOME REPAIR CONTRACTORS FACE IF THEY VIOLATE THE NEW JERSEY CONSUMER FRAUD ACT?
It is an unlawful practice and a New Jersey Consumer Fraud Act violation to violate any provision of the New Jersey Home Improvement Regulations. The following are some of the remedies that New Jersey home repair fraud victims may be entitled to under the New Jersey Consumer Fraud Act:
• Cancellation of fraudulent debts.
• Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
• Attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
• Refund of money lost due to the New Jersey home improvement contractor’s New Jersey Consumer Fraud Act Violation.

HOW DO I RECOVER DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT FOR NEW JERSEY HOME REPAIR FRAUD?
A New Jersey homeowner or customer who is able to prove that a New Jersey home repair contractor, New Jersey home improvement contractor or the seller of New Jersey home improvement services committed a violation of the New Jersey Consumer Fraud Act which directly cause of the victim to suffer an ascertainable loss of money or property is entitled to receive an award of triple damages, attorney’s fees and litigation costs. In certain situations, a New Jersey consumer fraud victim may also be entitled to a refund or to cancel a New Jersey fraudulent debt. However, under the New Jersey Consumer Fraud Act, a New Jersey fraud victim is not entitled to recover pain and suffering damages.

WHAT HAPPENS IF A NEW JEREY HOME IMPROVEMENT CONTRACTOR TRIES TO COLLECT A HOME IMPROVEMENT CONTRACT BILL THAT IS THE PRODUCT OF CONSUMER FRAUD?
In the typical New Jersey home repair breach of contract case that does not involve New Jersey consumer fraud, where a New Jersey homeowner prevents a New Jersey home repair contractor from completing the contracted work under the New Jersey home repair contract, the New Jersey home repair contractor may be entitled to recover legal damages. But if a New Jersey home repair contract violates the New Jersey Consumer Fraud Act, violates the New Jersey Home Improvement Regulations or violates the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act, so as to make the New Jersey home improvement contract unenforceable, the New Jersey home repair contract may be prevented from collecting some or even all of the unpaid New Jersey home repair contract bill. Consult with a New Jersey lawyer to find out if you qualify for that type of relief against a New Jersey home repair contractor.

EXAMPLES OF NEW JERSEY HOME IMPROVEMENT CONTRACTOR CASES IN WHICH THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR WAS PREVENTED FROM RECOVERING A NEW JERSEY HOME IMPROVEMENT CONTRACT BILL BECAUSE THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR COMMITTED NEW JERSEY CONSUMER FRAUD VIOLATIONS
The following are examples of New Jersey cases where New Jersey home repair contractors failed to collect on their New Jersey home repair contracts because they committed New Jersey consumer fraud violations:
• An unlicensed landscape irrigation New Jersey home repair contractor sued a New Jersey homeowner to collect an unpaid New Jersey home repair contract bill for a sprinkling system and the New Jersey homeowner countersued the New Jersey home repair contractor, alleging that the New Jersey home repair contract was not enforceable because the New Jersey home repair contractor violated the New Jersey Consumer Fraud Act.
• An owner of a cleaning and restoration franchise specializing in mitigating damage following a fire or flood filed a New Jersey collection lawsuit against New Jersey homeowners and they countersued the New Jersey home repair contractor. The New Jersey court found that the New Jersey home repair contractor caused the dispute and therefore that the New Jersey home repair contractor was not allowed to collect the unpaid New Jersey home repair contract bill.
• A New Jersey home repair contractor sued a New Jersey homeowner to collect an unpaid New Jersey home repair contract bill. But because the New Jersey home improvement contractor failed to display its New Jersey home improvement contractor registration number on the New Jersey home repair contract, on most invoices and change orders, failed to display the Division of Consumer Affairs’ toll-free number on its documents and failed to put every change order in writing, the New Jersey home repair contract bill was uncollectible.
• A New Jersey home repair contractor sued a New Jersey homeowner to collect an unpaid New Jersey home repair contract bill and the New Jersey homeowner countersued the New Jersey home repair contractor because the work was shoddy. Thereafter, the New Jersey court found that not only was the New Jersey home repair contractor’s work shoddy but that the New Jersey home repair contractor violated the New Jersey Consumer Fraud Act. The New Jersey home repair contractor was prevented from recovering the unpaid New Jersey home repair contract bill.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE REPRESENTING CONSUMERS IN NEW JERSEY LAWSUITS?
Yes. In addition to representing consumers in a variety of New Jersey consumer lawsuits and defending businesses in a variety of New Jersey consumer lawsuits, Paul DePetris provides consulting services to law firms handing New Jersey consumer lawsuits and defending New Jersey consumer lawsuits. Paul DePetris has represented the following persons and businesses in New Jersey consumer lawsuits:

• New Jersey Automotive Dealers
• New Jersey Automotive Parts Dealers
• New Jersey Automobile Purchasers
• New Jersey Banks
• New Jersey Car Dealers
• New Jersey Car Purchasers
• New Jersey Consumers
• New Jersey Contractors
• New Jersey Corporations
• New Jersey Home Buyers
• New Jersey Home Improvement Contractors
• New Jersey Home Improvement Customers
• New Jersey Home Inspectors
• New Jersey Home Inspector Customers
• New Jersey Home Repair Contractors
• New Jersey Home Repair Services Customers
• New Jersey Home Sellers
• New Jersey Marinas
• New Jersey Real Estate Agents
• New Jersey Real Estate Brokers
• New Jersey Real Estate Salespeople
• New Jersey Junk Yard Dealers
• New Jersey Used Car Dealers
• New Jersey Warranty Purchasers
• New Jersey Watercraft Purchasers

Paul DePetris has performed the following tasks:
• represented consumers, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents, junk yard dealers, automobile purchasers and owners, new and used car dealers, banks and automotive lenders, boat purchasers and owners, watercraft purchasers and owners and marinas in New Jersey Consumer Fraud Act lawsuits and other New Jersey consumer lawsuits and New Jersey consumer disputes.
• appeared in court in cases involving New Jersey Consumer Fraud Act lawsuits and New Jersey consumer lawsuits.
• mediated, arbitrated and tried New Jersey Consumer Fraud Act lawsuits and New Jersey consumer lawsuits.

Mr. DePetris is also the author of the following publications:
• New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books)
• Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act: The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008)
• Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009). Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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