NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTIONS

INTRODUCTION

This page discusses New Jersey car towing fraud frequently asked questions.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #1

WHAT IS NEW JERSEY CAR TOWING FRAUD?

Fraud frequently occurs when vehicles are towed without the owner’s or operator’s consent. In those situations, the towing of vehicles may be illegal or towing fees may be excessive. When a tow operator violates either the New Jersey Predatory Towing Prevention Act or the New Jersey Private Property And Non-Consensual Towing Companies Regulations, they may be liable for a violation of the New Jersey Consumer Fraud Act.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #2

WHAT IS THE NEW JERSEY PREDATORY TOWING PREVENTION ACT?

The New Jersey Predatory Towing Prevention Act was passed to prevent fraud and abuses that occur when vehicles are towed from private property without the prior consent of the vehicle’s owner or operator and when vehicles are towed at the direction of law enforcement and without the prior consent of the vehicle’s owner or operator. While the majority of tow truck operators are reputable service providers, some unscrupulous towers engage in predatory practices victimizing consumers whose vehicles are parked on public streets and private property.
Predatory towing practices include charging unwarranted or excessive fees, particularly in connection with towing vehicles from private parking lots which do not display any warnings to the vehicle owners, or overcharging consumers for towing services provided under circumstances where the consumer has no meaningful opportunity to withhold consent. The legitimate business interests of tow truck operators and the needs of private property owners for relief from unauthorized parking must be balanced with the interest in providing appropriate protection to consumers. By passing the Act, the Legislature created a coordinated, comprehensive framework to establish and enforce minimum standards for tow truck operators.

Accordingly, the New Jersey Predatory Towing Prevention Act limits the services for which a towing company can charge when vehicles are towed from private property without the prior consent of the vehicle’s owner or operator and when vehicles are towed at the direction of law enforcement and without the prior consent of the vehicle’s owner or operator.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #3

WHAT ARE THE NEW JERSEY PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES REGULATIONS?

The Division of Consumer Affairs adopted the New Jersey Private Property And Non-Consensual Towing Companies Regulations to implement the New Jersey Predatory Towing Prevention Act. The regulations include sections that regulate the following areas of the private property and non-consensual towing industry:

  • Liability insurance requirements.
  • Towing fee schedules.
  • Guidelines on unreasonable fees.
  • Guidelines on towing motor vehicles from private property.
  • Guidelines on storage facilities used.
  • Guidelines on private property towing practices.
  • Mandatory recordkeeping requirements.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #4

WHO ARE CONSIDERED TOW OPERATORS UNDER THE ACT?

Under the New Jersey Predatory Towing Prevention Act, an "Operator" means a person who engages in the business of transporting motor vehicles that are inoperable or parked illegally or otherwise without authorization from public or private property to a site where repairs may be made or the vehicle may be stored and who may also perform motor vehicle repairs.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #5

DOES A TOW OPERATOR HAVE TO COMPLY WITH A MOTORIST'S REASONABLE REPAIR OR TRANSPORT REQUEST?

An operator who either responds to a call for assistance from a motorist with an inoperable vehicle or who offers to transport or repair the vehicle of such a motorist shall comply with any reasonable request of the motorist either to repair the vehicle or to transport it to a site where the repair may be made.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #6

WHAT IF THE TOW OPERATOR CAN’T FIX THE VEHICLE?

If the New Jersey tow operator cannot repair the inoperable vehicle to the satisfaction of the motorist, the motorist shall, with the motorist's consent and in accordance with the Act, transport the vehicle to the New Jersey tow operator's place of business or to another mutually agreed upon location. The vehicle, once repaired, may be retained in the possession of the New Jersey tow operator or other repairer, as the case may be, pending payment pursuant to applicable New Jersey Law (N.J.S.2A:44-20 et seq.). The New Jersey tow operator, if other than the repairer, shall be eligible for reimbursement for transporting the vehicle to the repair site. If the estimated cost of repairs exceeds $50, the motorist shall be given a written estimate of the repair costs.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #7

WHAT FORM OF PAYMENT MUST THE TOW OPERATOR ACCEPT FROM AND WHAT KIND OF IDENTIFICATION MAY BE REQUIRED FROM THE MOTORIST?

For services rendered or to redeem a motor vehicle from storage, the New Jersey tow operator shall accept in payment either cash, a check issued by an insurance company, a valid debit card, or a valid major credit card or charge card subject to the provisions of subsection b. of this section. The New Jersey tow operator may request additional identification, as required by the determined by the New Jersey Private Property And Non-Consensual Towing Companies Regulations, before proceeding with repairs or towing. Unless the motorist is unable to produce such identification, or the New Jersey tow operator has a bona fide reason to believe the card or other identification is fictitious, altered, stolen, expired or revoked or not valid for any other cause or is clearly offered with intent to defraud the issuer, the debit card, charge card or credit card shall be deemed an acceptable form of payment in lieu of cash if the New Jersey tow operator ordinarily accepts the card at his place of business. Nothing prevents payment by a motorist in the form of check or money order, if this form of payment is acceptable to the New Jersey tow operator.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #8

WHAT IS "NON-CONSENSUAL TOWING"?

Under the Act, "non-consensual towing" means the towing of a motor vehicle without the consent of the owner or operator of the vehicle.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #9

WHAT IS PRIVATE PROPERTY TOWING?

Under the Act, "private property towing" means the non-consensual towing from private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is parked illegally, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of N.J.S.A. 9:4-56.5, provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with section N.J.S.A. 39:4-56.6. Under the act, a "private property owner" means the owner or lessee of private property, or an agent of such owner or lessee, but shall not include a private property towing company acting as an agent of such owner or lessee.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #10

WHAT IS A PRIVATE PROPERTY TOWING COMPANY?

Under the Act, a "private property towing company" means a person offering or performing private property towing services.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #11

WHAT IS CONSIDERED TOWING?

Under the Act, "towing" means the moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is damaged as a result of an accident or otherwise disabled, is recovered after being stolen, or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #12

DOES A TOWING COMPANY HAVE TO HAVE LIABILITY INSURANCE?

A towing company shall maintain liability insurance which meets or exceeds the requirements of this section, or such other amounts as the Division of Consumer Affairs may determine by regulation, including in the case of each light-medium duty tow truck, motor vehicle liability insurance coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least $750,000 single limit, and in the case of each heavy-duty tow truck, motor vehicle liability insurance coverage for the death of or injury to persons and damage to property for each accident or occurrence in the amount of at least $1,000,000 single limit.

A State agency or political subdivision, or the independent authorities or instrumentalities thereof may require the towing company to have additional or higher liability insurance coverage or amounts with respect to contracts for towing and storage services awarded under the authority of such agency, subdivision, authority or instrumentality.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #13

WHEN MUST A TOWING COMPANY GET CONSENT BEFORE TOWING A VEHICLE FROM PRIVATELY OWNED PROPERTY?

No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless:

  • the person shall have entered into a contract for private property towing with the owner of the property;
  • there is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:
    • the purpose or purposes for which parking is authorized and the times during which such parking is permitted;
    • that unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
    • the name, address, and telephone number of the towing company that will perform the towing;
    • the charges for the towing and storage of towed motor vehicles;
    • the street address of the storage facility where the towed vehicles can be redeemed after payment of the posted charges and the times during which the vehicle may be redeemed; and
    • such contact information for the Division of Consumer Affairs as may be required by regulation;
  • the property owner has authorized the person to remove the particular motor vehicle; and
  • the person tows the motor vehicle to a secure storage facility that is located within a reasonable distance of the property from which the vehicle was towed.

No private property owner shall authorize the towing of any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from the private property owner's property without the consent of the motor vehicle owner or operator, unless:

  • the private property owner has contracted with a private property towing company for removal of vehicles parked on the property without authorization; and
  • a sign that conforms to the requirements of the Act is posted on the property.

However, these conditions shall not apply to a vehicle parked on a lot or parcel on which is situated a single-family unit or an owner occupied multi-unit structure of not more than six units or in front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or garage entrance.

The Act’s requirements for posting in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide shall not apply to a residential community in which parking spaces are specifically assigned to community residents, if:

  • the assigned spaces are clearly marked as such;
  • there is specific documented approval by the property owner authorizing the removal of the particular vehicle; and
  • a sign, which can easily be seen by the public, is posted in a conspicuous place at all vehicular entrances to the residential community property, stating that unauthorized parking in an assigned space is prohibited and unauthorized motor vehicles will be towed at the owner's expense, and providing information or a telephone number enabling the vehicle owner or operator to immediately obtain information as to the location of the towed vehicle.

However, this exemption as to signage doesn’t apply to any private parking lot or parcel owned or assigned to a commercial or other nonresidential entity located in such residential communities.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #14

HOW ARE TOWING FEES CACLUATED AND FOR WHAT SERVICES MAY A TOWING COMPANY CHARGE?

The Division of Consumer Affairs is responsible for setting the proper fees for towing services regulated by the Act. Under the Act, there are limits to the fees charged by a towing company that engages in private property towing or other non-consensual towing.

Under the Act, a towing company that engages in private property towing or other non-consensual towing may charge fees for the following services, subject to the following limits:

  • Basic tow, which shall be a flat fee; and
  • In the case of a motor vehicle involved in an accident the following additional services, if
  • actually performed:
    • Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15;
    • Brush cleaning, including collection of debris that can be picked up by hand, which shall be a flat fee;
    • Site clean-up, which shall be calculated based upon the number of bags of absorbent used;
    • Winching, which shall be based upon each one-half hour spent performing winching;
    • The use of window wrap, which shall be a flat fee;
    • Tarping, which shall be a flat fee;
    • Transmission disconnect, a flat fee, which shall be charged only if a motor vehicle is locked and the towing company is unable to obtain the keys for the motor vehicle;
    • Use of a flat bed tow truck, a flat fee, which shall be charged if a motor vehicle can be transported only by a flat bed tow truck;
    • Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and an equipment charge billed in half-hour increments;
    • Decoupling;
    • Storage at a towing company’s storage facility;
    • More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee, which shall be a flat fee; and
    • Releasing a motor vehicle from a towing company’s storage facility after normal business hours or on weekends, which shall be a flat fee.
  • A towing company that engages in private property towing or other non-consensual towing shall not charge for the use of a flat bed tow truck if a motor vehicle can safely be towed in an upright position by another type of tow truck, even if the private property towing company chooses to use a flat bed tow truck for the tow.
  • A towing company that engages in private property towing or other non-consensual towing may charge for the tolls it incurs driving to the site from which a motor vehicle will be towed and while towing the motor vehicle from that site to the towing company’s storage facility.
  • A towing company that engages in private property towing or other non-consensual towing shall calculate storage fees based upon full 24-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 P.M. on one day and the owner of the motor vehicle picks up the motor vehicle before 7:00 P.M. the next day, the towing company shall charge the owner of the motor vehicle only for one day of storage.
  • If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the towing company may charge for two days of storage.
  • A towing company shall not charge any fee for private property towing or other
    nonconsensual towing and related storage services not included in the above regulations.
  • If a towing company charges a consumer a fee for a private property or other nonconsensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Division of Consumer Affairs determines the fee to be unreasonable under N.J.A.C. 13:45A-31.5, the Division of Consumer Affairs may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest.
  • The interest rate imposed pursuant to (f) above shall be based on the average rate of return, to the nearest whole or one-half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment of the Department of the Treasury.
  • A towing company performing a private property tow or other non-consensual tow shall take the motor vehicle being towed to the towing company’s storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
  • A bill for a private property tow or other non-consensual tow shall include the time at which a towed motor vehicle was delivered to a towing company’s storage facility.
  • A bill for a private property tow or other nonconsensual tow shall include a list of all services provided to a person for which the towing company is charging pursuant to the above regulations.
  • A bill for a flat fee rendered for a private property or other nonconsensual tow shall enumerate the towing services actually performed as part of the basic tow.

Under the Act, “decoupling” means releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having been moved or removed from the property. Under the Act, “flat bed tow truck” means a tow truck designed to transport a motor vehicle by means of raising the vehicle from road level up onto a hydraulic bed for transporting p

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #15

WHEN ARE TOWING FEES CONSIDERED UNREASONABLE?

All fees charged for private property or other non-consensual towing services and related storage services shall be reasonable and not excessive. Such fees shall be presumptively unreasonable and excessive if they exceed either:

  • by more than 25 percent, or a different percentage established by the Division of Consumer Affairs by regulation, the usual and customary fee charged by the towing company or storage facility for such services when provided with the consent of the owner or operator of the vehicle, or
  • by more than 50 percent, or a different percentage established by the Division of Consumer Affairs by regulation, the usual and customary fee charged for such nonconsensual towing or related storage service by other towing companies or storage facilities operating in the municipality from which the vehicle was towed.
  • the maximum amounts that may be charged for such services in accordance with any applicable schedule of fees by municipal ordinance adopted pursuant to N.J.S.A. 40:48-2.49.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #16

WHAT ARE THE REQUIREMENTS FOR TOWING STORAGE FACILITIES USED BY TOWING COMPANIES?

Under the Act, no person shall tow a motor vehicle pursuant to the Act to a storage facility or store such vehicle at a storage facility unless the storage facility meets the following minimum requirements:

  • has a business office open to the public between 8 a.m. and 6 p.m. at least five (5) days a week, excluding holidays; and
  • is secured and, if it is an outdoor storage facility, lighted from dusk to dawn.

A towing company shall provide reasonable accommodations for after-hours release of stored motor vehicles.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #17

WHAT ARE UNLAWFUL TOWING COMPANY PRACTICES?

Under the Act, it shall be an unlawful practice for any private property towing company or for any other towing company that provides non-consensual towing services:

  • To give any benefit or advantage, including a pecuniary benefit, to any person for providing information about motor vehicles parked for unauthorized purposes on privately owned property or otherwise in connection with private property towing of motor vehicles parked without authorization or during a time at which such parking is not permitted.
  • To fail, when so requested by the owner or operator of a vehicle subject to non-consensual towing, to release a vehicle to the owner or operator that has been, or is about to be, hooked or lifted but has not actually been moved or removed from the
    property when the vehicle owner or operator returns to the vehicle, or to charge the owner or operator requesting release of the vehicle an unreasonable or excessive decoupling fee. Such a fee shall be presumptively unreasonable and excessive if it exceeds by more than 25 percent, or a different percentage established by the Division of Consumer Affairs by regulation, the usual and customary decoupling fee charged by the towing company for a vehicle subject to consensual towing, or if it exceeds by more than 50%, or a different percentage established by the Division of Consumer Affairs by regulation, the usual and customary decoupling fee charged for vehicles subject to non-consensual towing by other private property towing companies operating in the municipality in which the vehicle was subjected to non-consensual towing;
  • To charge a fee for a private property or other non-consensual towing or related storage service not listed on the schedule of services for which a fee may be charged as established by the Division of Consumer Affairs except as may be permitted by the Division of Consumer Affairs by regulation; or
  • To charge an unreasonable or excessive fee;
  • To refuse to accept for payment in lieu of cash or an insurance company check for towing or storage services a debit card, charge card or credit card if the New Jersey tow operator ordinarily accepts such card at his place of business, unless such refusal is authorized in accordance with N.J.S.A. 56:13-4; or
  • To monitor, patrol, or otherwise surveil a private property for the purposes of identifying vehicles parked for unauthorized purposes and towing a motor vehicle parked for an unauthorized purpose from such private property without having been specifically requested to tow such vehicle by the owner of the property.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #18

WHAT RECORDS MUST A TOWING COMPANY KEEP?

Under the Act, every towing company that performs private property or other non-consensual towing shall retain and make available for inspection by the division for a period of three years, invoices, job orders, logs, claims for reimbursement from insurance companies and other documentation relating to all consensual and non-consensual towing services performed and rates charged for the services.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #19

WHAT REMEDIES ARE AVAILABLE TO TOWING FRAUD VICTIMS?

The Division of Consumer Affairs may order a towing company that has billed a consumer for any nonconsensual towing or related storage an amount determined by the Division of Consumer Affairs to be unreasonable to reimburse the consumer for the excess cost with interest.

Of greater interest to consumers is that a violation of the New Jersey Predatory Towing Prevention Act or the New Jersey Private Property And Non-Consensual Towing Companies Regulations is also a violation of the New Jersey Consumer Fraud Act, which may allow the consumer to recover the following remedies:

  • Treble damages for an ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
  • Attorney’s fee award for prosecuting the claim.
  • Cancellation of fraudulent debts.
  • Refund of money lost due to the New Jersey Consumer Fraud Act Violation.

NEW JERSEY CAR TOWING FRAUD FREQUENTLY ASKED QUESTION #20

WHAT IF THE TOWING COMPANY’S MISCONDUCT COMMITTED BY THE ISN’T COVERED BY THE REGULATIONS?

New Jersey automotive towing fraud can take many forms. The New Jersey Predatory Towing Prevention Act or the New Jersey Private Property And Non-Consensual Towing Companies Regulations do not intend to point out each and every situation that might result in a court finding that a New Jersey towing company committed fraud. For example, any of the following affirmative acts committed by a New Jersey car dealer could support a New Jersey Consumer Fraud claim or breach of contract claim or breach of warranty claim against the New Jersey Towing Company:

  • “Unconscionable commercial practice” - an activity which is basically unfair or unjust which materially departs from standards of good faith, honesty in fact and fair dealing in the public marketplace. To be unconscionable, there must be factual dishonesty and a lack of fair dealing.
  • “Deception” - conduct or 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. It does not matter whether the conduct or advertisement actually have misled the customer. The fact that the business may have acted in good faith is
  • “Fraud” - a perversion of the truth, a misstatement or a falsehood communicated to another person 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” - an untrue statement made about a fact which is important or significant to the sale/advertisement, communicated to another person to create the possibility that other person will be misled. A “misrepresentation” is a statement made to deceive or mislead.

For any of the above affirmative acts, it is not necessary for liability under the New Jersey Consumer Fraud Act that a person actually be misled or deceived by another’s conduct. It is not necessary for the customer to show that the business intended to deceive. What is important is that the affirmative act must have had the potential to mislead or deceive when it was performed. The capacity to mislead is the prime ingredient of affirmative consumer fraud claims Proof of intent is not necessary an essential element for these affirmative acts

A business may also be found liable for violating the New Jersey Consumer Fraud Act if the business knowingly concealed, hid/suppressed, kept something from being known/omitted, or left out or did not mention an important or significant fact purposely or with the intent that others would rely on that concealment/suppression/omission in connection with the sale/advertisement of any merchandise. For these acts of omission, a person acts “knowingly” if he/she is aware that his/her conduct is of a nature that it is practically certain that his/her conduct will cause a particular result. He/She acts with knowledge, consciously, intelligently, willfully or intentionally. To “conceal” is to hide, secrete, or withhold something from the knowledge of others or to hide from observation, cover or keep from sight or prevent discovery of. “Concealment” is a withholding of something which one is bound or has a duty to reveal so that the one entitled to be informed will remain in ignorance. To “suppress” is to put a stop to a thing actually existing, to prohibit or put down, or to prevent, subdue, or end by force. “Suppression” is the conscious effort to control or conceal unacceptable impulses, thought, feelings or acts. A person acts “purposely” if it is his/her conscious object to engage in conduct that of a certain nature or cause a particular result and he/she is aware of hopes or believes that the attendant circumstances exist. “Intent” is a design, resolve, or determination with which a person acts. It refers only to the state of mind existing when an act is done or omitted. It is not necessary that any person be, in fact, misled or deceived by another’s conduct. What is important is that the business must have meant to mislead or deceive when he/she/it/they acted. The fact that the business acted knowingly or with intent is an essential element of acts of omission and knowledge or intent must be shown. Where the alleged consumer fraud can be viewed as either an omission or an affirmative act, the business is liable for the conduct as an omission only where defendant committed a consumer fraud by omission and intent is shown.

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Call Perlman DePetris Consumer Law for a no obligation phone consultation. Handling your case wrong from the beginning may only cost you more money and time in the end!! Try to do it right the first time by seeking legal advice from a competent lawyer! You might be entitled to be represented on a contingent basis, meaning that the attorney won’t get paid unless the case is successful and that the lawyer gets paid from your recovery instead of requiring you to pay attorney’s fees out of your own pocket up front. Other cases can be handled for a relatively small one-time payment of an up-front fixed attorney’s fee and with a contingent fee at the end of the case. Filing a claim yourself is very risky, since businesses often hire experienced defense attorneys to fight your case. Also, if you try to negotiate a settlement yourself, you may get less money than you deserve. You should always speak with an attorney before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! Even if the facts of your case do not fit the requirements of a Lemon Law, you may be entitled to sue the manufacturer or its selling dealer for a breach of your warranties under other state and federal laws.  If the manufacturer or selling dealer breached the warranties that came with your vehicle, you may be able to recover money damages, attorney’s fees and court costs.

DISCLAIMER

While this page gives some general background information, there is the danger that relying on this information alone could lead you to lose your claim. Laws and regulations frequently change and the law may have changed since the posting of this webpage. Factual differences between your case and cases described on this webpage can affect your chance of success. Don’t attempt to rely on the internet as the only source of information for your claim! Instead, get competent legal advice from a New Jersey licensed attorney. Call Perlman DePetris Consumer Law for a no obligation phone consultation.