Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Landscaper Fraud Remedies FAQs

NEW JERSEY LANDSCAPER FRAUD REMEDIES


WHAT IS NEW JERSEY LANDSCAPER FRAUD?
New Jersey landscaper fraud and New Jersey tree trimmer fraud occurs when a New Jersey landscaper or New Jersey tree trimmer - a person or business providing or selling landscaping services, including New Jersey tree trimmers who trim or prune trees or other types of plants – commits certain types of misconduct against their customers.  For most New Jersey homeowners, a home is the greatest single investment and many New Jersey homeowners hire New Jersey landscapers to renovate or repair or improve the New Jersey homeowners’ property or hire New Jersey tree trimmers to perform tree or plant trimming services there.   Many New Jersey homeowners become the victims of New Jersey landscaper fraud or New Jersey tree trimmer fraud.  There are many types of New Jersey landscaper fraud cases and New Jersey tree trimmer fraud cases.  Some New Jersey landscaper fraud cases and New Jersey tree trimmer fraud cases involve specific violations of New Jersey contractor regulations or New Jersey contractor laws, while others involve less obvious types of misconduct.  For example, the New Jersey Consumer Fraud Act is a powerful law that regulates New Jersey landscapers that sell New Jersey landscaper services to New Jersey homeowners.  The New Jersey Consumer Fraud Act may also apply to New Jersey tree trimmer fraud.   New Jersey Consumer Fraud in New Jersey landscaper contracts and New Jersey tree trimmer contracts is a very serious problem, causing many New Jersey homeowners financial losses and inconvenience.  New Jersey landscaper fraud remedies are powerful tools to fight against New Jersey landscaper fraud.


IF I AM A VICTIM OF NEW JERSEY LANDSCAPER FRAUD, ARE THERE ANY LAWS TO PROVIDE ME HELP?
In New Jersey, we have a more ethical approach in business dealings with one another in New Jersey landscaper contracts and New Jersey tree trimmer contracts.  Therefore, each of us may rely on representations made by New Jersey landscapers and New Jersey tree trimmers in a New Jersey business transaction. This approach is reflected in a New Jersey law, the New Jersey Consumer Fraud Act.  In 1975, the Legislature amended the New Jersey Consumer Fraud Act to include unlawful practices in the sale or advertisement of real estate.  The New Jersey Consumer Fraud Act provides New Jersey landscaper fraud remedies to New Jersey homeowners.  Under the New Jersey Consumer Fraud Act, “real estate” is land and, if there is an improvement on the land, that improvement as well.  The New Jersey legislature recognized New Jersey landscaper fraud as a very important issue and decided to include New Jersey landscaper fraud as a violation of the New Jersey Consumer Fraud Act.  The New Jersey Consumer Fraud Act attempts to eliminate deception in the marketplace.  As business expanded in New Jersey, the public was increasingly victimized by fraudulent conduct.   The New Jersey Consumer Fraud Act attempts to protect New Jersey Consumer Fraud victims from shady business practices by increasing their leverage in the marketplace.  The New Jersey Consumer Fraud Act is aimed at unlawful sales and advertising practices that deceive New Jersey Consumer Fraud victims into purchasing many kinds of goods and services, regardless of whether those practices involve affirmative misrepresentations or the failure to disclose crucial information.    The New Jersey Consumer Fraud Act emphasizes disclosure of information that helps New Jersey Consumer Fraud victims to make informed decisions when buying goods and services.   


HOW DOES THE NEW JERSEY CONSUMER FRAUD ACT HELP NEW JERSEY LANDSCAPER FRAUD VICTIMS?
By providing New Jersey consumers with various New Jersey landscaper fraud remedies, allowing New Jersey Consumer Fraud victims losing money or property as a result of New Jersey Consumer Fraud Act violations to recover triple their losses, the New Jersey Consumer Fraud Act seeks to discourage unfair and deceptive sales practices and to force New Jersey landscapers and New Jersey tree trimmers to take action to prevent consumer fraud.  If a New Jersey homeowner is a victim of New Jersey landscaper fraud or New Jersey tree trimmer fraud which also constitutes a New Jersey Consumer Fraud Act violation, the New Jersey homeowner may be entitled to the following types of New Jersey landscaper fraud remedies:
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 landscaper contractor’s New Jersey Consumer Fraud Act Violation.


NEW JERSEY CONSUMER FRAUD TRIPLE DAMAGE AWARDS
New Jersey landscaper fraud remedies include New Jersey Consumer Fraud triple damages, also called New Jersey Consumer Fraud treble damages, which are available to certain New Jersey Consumer Fraud plaintiffs.  New Jersey Consumer Fraud triple damages are an important part of the New Jersey Consumer Fraud Act.  The tripling of the New Jersey Consumer Fraud damages award is meant to punish the New Jersey Consumer Fraud defendant.  


NEW JERSEY CONSUMER FRAUD REFUNDS
In addition to allowing New Jersey Consumer Fraud victims to recover New Jersey Consumer Fraud treble damages, the New Jersey Consumer Fraud Act focuses on allowing individual consumers to recover New Jersey Consumer Fraud refunds for losses caused by New Jersey Consumer Fraud Act violations Any person violating the New Jersey Consumer Fraud Act shall be liable for a New Jersey Consumer Fraud refund of all moneys acquired by means of any practice declared in the New Jersey Consumer Fraud Act to be unlawful.   The New Jersey Consumer Fraud refund of moneys may be recovered in a private action.   


NEW JERSEY CONSUMER FRAUD ATTORNEY’S FEE AWARDS 
In a consumer fraud action, the Legislature has recognized that the right of access to the courts is meaningless unless the injured party has the resources to launch a suit.  New Jersey Consumer Fraud Attorney’s Fee Awards provide incentives to competent New Jersey attorneys to undertake high-risk cases and to represent victims of fraud who suffer relatively minor losses.  In this way, New Jersey Consumer Fraud Attorney’s Fee Awards is the Legislature's attempt to provide equal access to the courts by encouraging private enforcement of law.   The Legislature intended plaintiffs to have access to the court system to pursue relatively small claims against deceptive retailers.  In that respect, the New Jersey Consumer Fraud Attorney's Fees provision one of the deterrent aspects of the legislation, and therefore, fraudulent retailers should beware.   If the New Jersey court award damages to a New Jersey Consumer Fraud plaintiff, the New Jersey Consumer Fraud Act also requires the New Jersey court to award New Jersey Consumer Fraud attorney’s fees against the New Jersey Consumer Fraud defendant.   The New Jersey Consumer Fraud defendant could face a judgment to pay whatever reasonable New Jersey Consumer Fraud attorney’s fees that the New Jersey Consumer Fraud plaintiff incurred in the New Jersey Consumer Fraud Act case.  Only a New Jersey judge decides the proper amount of a New Jersey Consumer Fraud attorney’s fee award.  


HOW DO I RECOVER DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT FOR NEW JERSEY LANDSCAPER FRAUD AND NEW JERSEY TREE TRIMMER FRAUD?
A New Jersey homeowner or customer who is able to prove that a New Jersey tree trimmer, New Jersey landscaper or the seller of New Jersey landscaper 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.  


CAN A NEW JERSEY LANDSCAPER WHO COMMITS FRAUD COLLECT THEIR BILL?
If a New Jersey homeowner is a victim of New Jersey Consumer Fraud, the New Jersey landscaper bill may be uncollectible or void.   Consult with a New Jersey lawyer to find out if you qualify for that type of relief against a New Jersey home repair contractor.  
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