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RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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About two weeks ago my husband and myself went to an antique

Customer Question

Hello, About two weeks ago my husband and myself went to an antique store looking at just stuff. We came across a bench and asked its price. A worker came over to look at the attached tag. He told us $125.00 and since so many venders in the store that had their own booths had % off for the summer we asked for a % off as well. We asked him to call the owner of the booth and see what she says, he said he will ask but asked his manager and they said no they will handle it. I asked them 3 more times to call her they gave in and said 10% off is the best they can do. So, we excepted that offer they brought the bench up to the desk and we continued to walk around and look. When we checked out we paid our 125.00 minus 10% = 112.50 with a check a Lic. and gave my tel # and went a few blocks away to inform the seller that they are not doing the right thing by her - that they should call her especially if someone asks them to call her on one of her items for a price - she was not in her building but a worker called her after we explained what happened. The seller didn't know the bench at first but then said yes, yes I do remember it and that bench is 1,250.00 but I can have it for 1,000.00 But I told her I already have it the ticket said 125.00 and she went crazy - No, you can have it for 1,000 I said no it's already been paid for - she is claiming that this bench is a very rare Louis XV bench for 1840's - so I just handed the phone back and we left the store and later we had gotten calls for the store - from her and the police that they called - I should return the item - all spoke nasty to me except the police - calling me all names and banning me from that area totally. So, my husband and I felt bad and we were going to return the bench but only after we got it appraised. We rec'd no paperwork from them with no info on this bench only the call informing us what it was. So on the next work day we took it over to a huge antique dealer/appraiser/auctioneer - he wrote us up an appraisal stating it was from 1950's not an antique and we most likely overpaid for it. So now the seller is taking us to civil court saying :Intent to defraud Merchandise"and we are counter suing her - for numerous issues - selling fraudulent items etc... what do you say about this
Submitted: 4 months ago.
Category: Criminal Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

You certainly can counterclaim and contest this.Your appraisal would show that the true value was within the range of what it is worth here.Also the business set the price here and you paid what they asked.Once you buy this they cannot force you to pay more for it.It is their error here and negligence you paid for it fair and square.I would seek to prove up your counterclaim and you may well prevail.

I see nothing wrong here on your part.You paid what they told you they could sell it for nothing more.You have done nothing but pay for it and you may have overpaid.Antiques are very subjective, she might think it is worth more than it is and also you bought it for the price they set.I think you can prevail on the facts against her and with your counterclaim.

I appreciate the chance to help you today.Thanks again and the best here.

Expert:  RayAnswers replied 4 months ago.

Reference to your answer/counterclaim under NJ law

Special Civil –

A Guide to the Court

page

3

Revised

11/

17/

2014, CN 10281

If the complaint is for money damages caused by a motor vehicle accident and the judgment requires a

defendant to pay $500 or more, the defendant must pay within 60 days.

If the defendant does not pay

within the 60 days, the plaintiff may request through the Clerk of the Special Civil Part that the New

Jersey Motor Vehicle Commission stop the defendant's driving and registration privileges until the

judgment is pai

d.

Filing Fees for

a Complaint

The costs

for filing a complaint in Special Civil are:

$50 for a complaint where the amount claimed is $3,000 or less.

$75 for a complaint where the amount claimed is more than $3,000.

$5 for each additional defendant.

Curren

tly the fee is $7 for each defendant served by certified and regular mail.

This is subject to

change, however.

[A $3 fee, plus the court officer’s applicable mileage, is charged for one

defendant if the complaint is served personally by a court officer. Each additional defendant that

you may want a court officer to personally serve is another $

5 fee plus applicable court officer

mileage.] Staff of the Special Civil Part Court can inform you of the mileage fee. Make a check

or money order payable to the

Treasurer, State of New Jersey

.

An additional $100 fee is required for requests for a jury trial by six jurors.

If you cannot afford to pay the filing fees, you may apply to the court to qualify as an indigent and your

filing fees may be waived by the jud

ge.

Filing

an

Answer

to a Complaint

If you have been named as a defendant in a case, you must file a written answer to the complaint with

the Clerk of the Special Civil Part in the county in which the complaint was filed within the number of

days stated in the summons (35 days if you reside or are located in New Jersey; 35 days if you reside or

are located out of state).

You also must hand deliver a copy of the answer or send by regular and certified mail to the plaintiff or send by regular mail to the plaintiff’s attorney. [

A pro se answer packet

with accompanying instructions is available in any New Jersey Special Civil Part Clerk’s Office and is

available on the Internet at

njcourts.com.]

If you believe that the plaintiff owes

you money, you must add a counterclaim to the answer.

If you believe that someone else named as a defendant in the complaint owes the money, you must add a cross

claim against that defendant to the answer.

You must serve the co-defendant(s) with your cross claim.

Finally, if you believe that a party not named in the complaint owes the money, you must add a third

party complaint to the answer.

The Court will serve the new party you are adding to the case and you

MUST pay for this service, as outlined above.

When filing an answer, be sure to give the following information:

The docket number and caption of the case which appears on the complaint.

Your full name, address

and telephone number.

The correct name(s) and address(es) of the plaintiff(s).

The reason(s) you are disputing the plaintiff's claim.

Include the amount of money for which

you are suing if you are including a counterclaim, cross claim or third party complaint with your

answer.

Provide a completed summons form if you are filing a 3

rd party complaint.

Expert:  RayAnswers replied 4 months ago.

I wanted to thank you again for the chance to help today, let me know if you have more follow up.

If you can positive rate when we are done it is always much appreciated.

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