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NEW JERSEY MOVING COMPANIES FINED

8/22/2018

Numerous moving companies in New Jersey have been fined, after an undercover sting busted the unlicensed businesses. The sting, dubbed “Operation Mother’s Attic,” occurred over a four day period in April. Investigators from the state’s Consumer Protection Office posed as people planning to move.

29 companies were fined $2,500 a piece. Below is a full list of the companies:

½ PRICE MOVERS, Staten Island, NY
ALPHA MOVNG SERVICES , Highland Lakes, NJ
AFFORDABLE & ASSERTIVE MOVING & STORAGE, Pompton Lakes, NJ
AVELAR TRUCKING, Landing, NJ
BIN IT NJ, North Bergen, NJ
CENTURION MOVERS, Willow Grove, PA
CONSIDER IT DONE, Toms River, NJ
CRUZ MOVES, Cinnaminson, NJ
ENTERPRISE VAN LINES, Congers, NY
GDK LOGISTICS a/k/a GDK INTERNATIONAL, Fairfield, NJ
H & D TRANSPORTATION, Clifton, NJ
HELPING HANDS MOVING, Newark, NJ
I.D. NOBLE MOVERS a/k/a NOBLE ID MOVERS, Hackensack, NJ
IMPERIAL MOVING & STORAGE a/k/a LION’S DEN ENTERPRISES, a/k/a INSIGNIA MOVING, New York, NY
J & L MOVING, Hillside, NJ
LITE MOVING, Franklin Square, NY
MOVING GOOD, Little Ferry, NJ
MOVING HERO, Rahway, NJ
OLD COUNTRY VAN LINES, East Newark, NJ
PRINCETON MOVERS a/k/a GREAT EASTERN MOVERS, Brooklyn, NY
RENT A HELPING HAND, Pennington, NJ
MUNDANZAS, Dover, NJ
ROADWAY MOVING, Elizabeth, NJ
ROUND CITY MOVING, Garfield, NJ
ROSIE’S MASTER MOVERS, Cherry Hill, NJ
TB MOVING a/k/a TB MOVING & STORAGE, Brooklyn, NY
WE MOVE YOU, Maywood, NJ
BIG MEN IN TRUCKS, Sloatsburg, NY

Complaints against moving companies are common, usually due to added fees, damages to the customers property, misrepresentation and fraud. Moving companies are regulated by both State and Federal statutes.
Some moving companies rush you to sign the contract. As with any contract, you can negotiate many of the terms. Always read the contract thoroughly before you sign it:
1. how much is your property covered if its damaged? You have options. may contracts provide coverage by the pound, such as .60 cents per pound. Think about that. Most of your property is worth a lot more than its weight.
2. when can they charge you more than the contract price?
3. check the dates on all documents - some companies put the wrong dates on documents. They are required to give you certain documents before the move, but don't give them to you until after, and they have been dated prior to the move.
4. at the end of the move, before the movers leave, check all your property for damage, and don't sign anything that says your property is not damaged, until you check. Take pictures of your property before the move and of any damage at the end.
5. check any mover's rating with the BBB and N.J. Division of Consumer Affairs, as well as online reviews.
6. this may sound burdensome, but videotape the movers as they move your property, and audio or videotape any conversations you have with the movers, especially as they answer any questions you have about the contract, or any representations they make, and get the names of the individual movers themselves.

Many movers are as unscrupulous as many used car dealers. Don't be a victim. If you believed you have have been mislead or defrauded, contact an attorney who handles consumer fraud matters, You may be entitled to three times your damages and attorneys fees.

All the Best!
RANDY C. REDDEN
(856) 448-6200

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BE CAREFUL OF COMPANIES OFFERING FORECLOSURE HELP

1/27/2018

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Facing foreclosure is a stressful life event, and during stressful times its easy to quickly reach out to the first offers of help. However, unscrupulous companies, and yes some law firms, take advantage of people who are desperate to save their homes.

In the past few years, I've been contact by numerous people who have state they were deceived by various companies/firms and paid them a significant amount of money, only to realize they barely helped them. Many of these offers of help are received by homeowners through mailed solicitation letters, or internet advertisements which, despite not knowing each particular each homeowners circumstances, promise to save their home(s). Any of these advertisements should be viewed with skepticism.

No one can promise to save your home, without having a lot of information about your particular case, such as:

1. the reason you haven't been paying your mortgage;
2. .your financial status, health, income;
3. whether you're eligible for a loan modification, short sale, deed in lieu or other type of resolution;
4. whether the mortgage company did anything illegal;
5. whether you're eligible to file bankruptcy, if necessary, and whether you're financially able to comply with a repayment plan through bankruptcy;
6. whether you're upside down in your mortgage (that your mortgage is more than your house is worth);
7. numerous other considerations.

The typical scam committed by these companies/firms is to have you pay a retainer to "save your house" - sometimes as much as $2,500.00 to $5,000.00 or more - without specifically saying what they're going to do on your behalf for that retainer. Then, they have you complete loan modification forms and send them back to them, which they then submit to your mortgage company on your behalf. These are the same forms that you can submit yourself, are usually provided by your mortgage company and which you are notified about in the foreclosure documents. They generally don't revise or modify the forms and simply send them, like you could do your own, without paying anyone a retainer.

They also, generally, do not file and Answer to the foreclosure Complaint to allege any defenses you may have against the mortgage company, and are they simply hoping the mortgage company will approve your loan modification. However, without an Answer filed, the foreclosure essentially continues and, if your mortgage company does not approve your loan modification, you may be too late to file an Answer, thereby allowing the mortgage company to apply for a default judgment and proceed with the foreclosure and eventual sheriff sale of your property. The next thing you know, you receive a notice that your modification, or attempt to refinance through another company, was not approved and a sheriff sale is scheduled. You panic and call the company that's supposedly helping you. Since no Answer and other legal measures were taken on your behalf, the company simply tells you to file for bankruptcy. But what if you're not eligible for bankruptcy, or are not financially fit enough to be approved for a repayment plan through bankruptcy? If you can't be approved for a bankruptcy, all filing does is delay the sale for a short period of time, similar to when they tell you to you can request two postponement of the sheriff's sale. Nether saves your house, or solves the problem, and you need to start packing your bags. In the meantime, you've paid a company a significant retainer and paid a bankruptcy attorney to simply delay. This is money which could have been put to better use, to either pay toward your mortgage if you can modify, refinance, or put in a bankruptcy plan, or towards rent for your new home.

So what do you do if you're facing foreclosure and need help? 1. do your research on anyone you're considering to hire;
2. get a detailed game plan from anyone you plan on hiring before you hire them, and get it in writing;
3. if all they're going to do is submit you're forms for a loan modification, consider getting some one else, since you can do that on your own;
4. there are numerous State and Federal statutes that apply to mortgages and foreclosures that can provide defenses to the foreclosure, or make the mortgage company concerned and more likely to settle and/or approve a modification. Ask anyone you're considering hiring to explain these laws to you, and how they may use them to your advantage. If they cant, move on to someone else.

5. If they don't ask you a lot of financial questions, more than those required for the loan modifications forms, then they aren't considering other options for you.

6. Options such as loan modification, refinance, bankruptcy, short sale, deed in lieu, or simply sale of the property should be considered, depending on your answers to various questions. Every option should be reviewed in the beginning, before a game plan is created, by considering whether ts likely you;l be approved for a loan modification or refinance, or if you should place your home on the market to sell it, or possibly be approved for a short sale or deed in lieu. Or do your circumstances indicate you shouldn't waste your time and money with the company and should just file bankruptcy.

These are some of the issues that should be discussed with whomever you may consider hiring to help you. If they aren't answering these questions, and others, and providing you with a clear game plan and backup plan, get someone else. Don;t be scammed!

All the Best!
RANDY C. REDDEN
(856) 448-6200

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September 02nd, 2017

9/2/2017

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USED CAR BUYERS BEWARE

As with any major storm, Hurricane Harvey has destroyed thousands of vehicles. Although they may seem to operate normally, eventually most flood damaged vehicles deteriorate and develop rust, mold, engine and electrical problems, costing thousands of dollars to repair, if possible. Unfortunately, some of those flood damaged vehicles will make their way to the used car market and, due to the way some states title vehicles, the title of the vehicle may not reflect it was flood damaged.
This can happen in a few ways. If the vehicle did not have coverage for flood damage, the owners can have the vehicle thoroughly cleaned, leaving only clues a professional may detect. The vehicle is then transferred to unsuspecting buyer, and it enters the market. Also, unscrupulous people and businesses can buy flood damaged vehicles from insurance companies as salvage vehicles, with a notation on the title indicating its salvage. However, some states don't require such a notation,and once purchased by these people, they then title it in one of those states, remove the notation, and then sell it, or title it in another state with a clean title. Yes, this is fraud, but its better to not become a victim, than to try and recoup your losses.
If you're planning on buying a used car, there are a few things you can do to minimize your risk.
1. Before you buy the vehicle, ask to see the title, look to see if there's any notation of salvage on the title, write down the VIN# and compare it with the Vin# under the windshield, to confirm its the correct vehicle for that title;
2. Get a Carfax or similar report for the vehicle. But be aware that Carfax reports are not always accurate. Although sometimes from police departments and collision repair companies, usually the information on the reports are submitted by insurance companies who have paid for the damage to the vehicle; however, If the vehicle wasn't insured for flood damage, there wont be any notation.
3. Review the Carfax thoroughly! Look to see if it came from a State/area that experienced flooding within the last several years, or was registered in such a state, during the time they had a flood.
4. Have a qualified mechanic and collision center inspect the vehicle for signs of flood damage. Some of these places that clean flood cars do a great job, make it hard to detect.
5. Be especially leery of Buy Here-Pay Here dealers. Since you are not the owner of the vehicle, while you're making payments, the dealer retains the title, and you wont see it until you've paid the vehicle off, which is why you want to see the title, before you sign anything. These types of dealers know that most of the time their vehicles are repossessed before the person pays it off, so the likelihood of the customer seeing the title is slim. If you do decide to buy the vehicle, READ THE PAPERWORK THOROUGHLY, and make sure you get a copy of every document! Some dealers will slip a sentence in them that says you're acknowledging that the vehicle is a salvage vehicle.
6. Take all the paperwork home and review it before you decide on the purchase. Contrary to the urban legend, there is no 3 day right to return the vehicle once you've signed the papers, no matter what the salesman tells you. And if the salesman has made any promises to you, make sure they're included in the paperwork, and signed by the salesman/manager. If it not in the paperwork, they'll never admit they said it. With few exceptions, there's a reason car dealers/salespeople have such a bad reputation.
7. Like the old saying, If the deal seems too good to be true, it probably is, so protect yourself as best you can,and don't be pressured or intimidated into making any quick decisions about purchasing a vehicle.
If yo have any questions, don't hesitate to call my office.
All the Best!
Randy C. Redden
(856) 448-6200

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AVOID BEING RIPPED OFF BY CAR DEALERS

9/13/2016

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We've all heard the jokes and horror stories about the dishonesty of car dealers/salespeople and, unfortunately, based upon surveys, it is considered the least honest profession, even below congress. Yet, what never ceases to amaze me is, that despite this perception by the public, people still shop for a car completely defenseless and unprepared to do battle with a dealer. It's almost seems like some consider being screwed by a dealer as just part of life, or a right of passage. And, don't think for a minute it isn't a battle. Once you enter the dealer's property, you're considered prey.
Their goal is to fleece you out of as much of your money as possible, leaving your wallet and finances bleeding on the floor and still have you initially leave with a smile on your face. But that's not really their fault, it's yours. They're in business to make money, and the more the better. The way they approach you, the questions they ask, and the offers they make are all designed to see how much they think they can make from you and then make sure they drain you of every possible drop. But ask yourself, why would you enter that arena unprepared? Would go go into a lion's cage with out a gun, skydive without a parachute, or race a car without at least seatbelt?
Although buying a car usually isn't a life and death matter - however, it can be if you don't check crash test results before you buy a vehicle, but that's a story for a different day - buying a car can have deadly effects on your pocketbook. Unless you're wealthy, and can afford to lose thousands of dollars, you need to be prepared before you enter any dealers property.
Sure there are some consumer protection laws out there designed to protect you, but dealers try to legally, and some illegally, avoid those protections. Here's a few tips and scams to avoid:
1. CO-SIGNING FOR SOMEONE.
Don't do this unless you're sure the person on whose behalf you're co-signing can afford the loan, and that you can afford to pay it, if they default. If someone needs a co-signer they either have no, or bad credit. So what makes you think they'll pay the debt this time? Many end up defaulting, so ask yourself whether you can afford the pay this loan if they do, and whether that person is important enough to you that you're will ing to take on that debt for them. Also, be aware that the law requires the finance company to give a notice to a co-signer warning them to the risks; however, finance companies and dealers know the information in that notice can scare off a potential cosigner and ruin the deal, so now some dealers/finance companies are listing the co-signer as a "co-buyer". A notice s not required to be given to a co-buyer.
2. BUY HERE-PAY HERE
I understand that many people have bad credit, especially after the mortgage/foreclosure crisis. As a result, some people think they can only obtain a vehicle from such a place. You should try every other alternative, before you go this route. Usually, these places require from $1,000.00 and up for a down payment. That down-payment is usually the amount the dealer paid for the vehicle, maybe even more. Once you pay the down-payment, they put you on a weekly payment plan, which sounds cheap: $50, $75, $100/week, but you ave to look at the monthly cost and the fact some months have five weeks. You also have to consider how long you have to me these payments, before the vehicle is yours and whether that total amount is far in excess of the vehicle's value. Buy Here-Pay Here places are like the Rent A Centers and Aaron's of car buying, preying on the poor.
But there's something even worse with some Buy Here - Pay Here dealers. The vehicle you're paying for is already used and most people don't do their own Carfax or other verification check on them, or some dealers provide a fraudulent Car Fax - same type of vehicle but different VIN#. So, while you're paying for this vehicle, the dealer retains the Title and, unless you demand to see the Title before you sign the contract, you won't be aware of it's status, and some dealers are selling Salvaged vehicles without the buyer knowing. The dealer is counting on the odds that you won't make all the payments, and they'll repossess and resell the vehicle, without you ever knowing that you were paying for a Salvaged vehicles. Is that illegal? Sure, but they now that many of the people who go through Buy Here-Pay Here don't make all the payments. I've also seen this where the buyers don't speak or read English, and the dealer speaks their language and, as a result are comfortable with him/her and trust the dealer. Of course the dealer doesn't tell them in their language, or any other, about the status of the vehicles's title, or puts in in English in the contract, knowing they won't be able to read it.
3. THERE IS NO LAW THAT ALLOWS YOU TO RETURN A VEHICLE WITHIN 3 DAYS
I'm not sure where this Urban Legend originated, but it seems to
be a common belief among people. In New Jersey and to my knowledge, most States, no such law exists. Some dealers are now offering this, but it's not the law and not required. Also, if the dealer does offer this, read the terms!!! They may limit the reasons why you can return it, or charge you for it's use during those days , etc... Never take the dealers word on anything. If t's not in writing, it doesn't exist!
The bottom line is that only you can protect yourself, so do your research and don't be a victim. There are all types of websites, where you can learn about what you should pay, dealers tricks, options to avoid, financing, etc... I've provided a link below to one site that seems somewhat informative.http://www.realcartips.com/guide/

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NEW JERSEY HAS BOTH A NEW AND USED CAR LEMON LAW

9/13/2016

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I think almost everyone has experienced car buyers remorse, after purchasing a vehicle and later finding out it was defective, needing hundreds or thousands of dollars in repairs. If the vehicle was purchased new, it would have a warranty to cover most defects; however, even if the dealer and manufacturer is willing to repair the vehicle it may be necessary for you to return numerous times to the dealer until, if ever, the defect is corrected. Or some dealers/manufacturers will create a temporary repair, hoping it extends you beyond the warranty period, or you sell the vehicle.

In order to qualify for relief under the Lemon Law, the vehicle(which includes motorcycles) must be less than two years old and have fewer than 24,000 miles. The defect must substantially impair the use, value or safety of the vehicle or be a serious safety defect which is likely to cause death or serious bodily injury if the vehicle is driven.

The Lemon Law does not cover vehicles registered
for commercial use.
■ The Lemon Law does not cover the living quarters
of motor homes.
■ The Lemon Law does not cover defects caused by
accident, vandalism, abuse or neglect.
■ The Lemon Law does not cover defects caused by
attempts to repair or modify the vehicle by a person
other than the manufacturer, its agent or an
authorized dealer

There are specific procedures you must follow to file a Lemon Law claim and, although an attorney is not required, due to the complexities of the law, and the fact the manufacturer will be represented by an attorney, it is recommended that you have one. If you succeed in your claim, the manufacturer must pay your attorneys fees.

But what if you purchased the vehicle used? New Jersey has a separate law that protects purchasers of used vehicles from a dealer. Under this law, used car dealers are required to provide warranties on every used car that is sold for more than $3,000, that is seven [7] years old or less, has not been declared a total loss by an insurance company and has an odometer reading of 100,000 miles or less.

***In negotiating a better price for the vehicle,
consumers may waive their right to a warranty. The
vehicle must have more than 60,000 miles on its
odometer and the waiver must be in writing. It's not recommended you waive the warranty, unless you have a reliable mechanic inspect the vehicle prior to purchase and you believe you are receiving a fair discount n the price for the waiver.

Here's what must be coverd by the warranty:
The statute requires a dealer “to correct a material defect
of the used vehicle.” The statute also expressly covers:
■ The Engine – All internal lubricated parts,
timing chains, gears and cover, timing belt,
pulleys and cover, oil pump and gears, water pump,
valve covers, oil pan, manifolds, flywheel,
harmonic balancer, engine mounts, seals and
gaskets, and turbo-charger housing. (Housing,
engine blocks and cylinder heads are covered only
if they are damaged by the failure of an internal
lubricated part.)
■ Transmission Automatic/Transfer Case – All
internal lubricated parts, torque converter, vacuum
modulator, transmission mounts, seals and gaskets.
■ Transmission Manual/Transfer Case – All
internal lubricated parts, transmission mounts,
seals and gaskets (excluding a manual clutch),
pressure plate, throw-out bearings, clutch master
or slave cylinders.
■ Front-Wheel Drive – All internal lubricated parts,
axle shafts, constant velocity joints, front hub
bearings, seals and gaskets.
■ Rear-Wheel Drive – All internal lubricated parts,

How long is the warranty? It depends.

■ a motor vehicle has 24,000 miles or less on its
odometer, the dealer must provide the customer
with a warranty for 90 days or 3,000 miles,
whichever comes first.
■ a motor vehicle has more than 24,000 miles but
less than 60,000 miles on its odometer, the dealer
must provide the customer with a warranty
lasting 60 days or 2,000 miles, whichever comes
first.
■ a motor vehicle that has between 60,000 and
100,000 miles on its odometer, the dealer must
provide the customer with a warranty for 30 days
or 1,000 miles, whichever comes first.

WHAT MUST THE DEALER DO?
The warranty requires the dealer to correct a defective or
malfunctioning part of a used motor vehicle which is
covered by the warranty if the defect occurred during the
applicable warranty period.
The consumer is responsible for bringing the motor
vehicle to the dealer and may be entitled to a refund of
the used motor vehicle’s full purchase price if:
■ the dealer has been unsuccessful at fixing the same
material defect after at least three attempts; or
■ the vehicle has been out of service for twenty
(20) cumulative days while the dealer is
attempting to fix it.
The consumer must pay a $50 deductible for each
repair of each covered item.

If you're having problems with a vehicle you purchased, you need to contact the dealer immediately, contact an attorney for the best way to proceed, make sure everything is in writing with the dealer and keep all your records.

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NEW JERSEY MOVING COMPANIES FINED

BE CAREFUL OF COMPANIES OFFERING FORECLOSURE HELP

September 02nd, 2017

AVOID BEING RIPPED OFF BY CAR DEALERS

NEW JERSEY HAS BOTH A NEW AND USED CAR LEMON LAW

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