Municipal Court Can Only Enforce Consumer Fraud Judgments – State v. Tri-Way Kars

In Monday’s Appellate Division decision in State v. Tri-Way Kars, the Court ruled that the powers of the municipal court in consumer fraud actions are limited to the collection and enforcement of civil penalties. There is no statutory authority vested in the municipal court to assess or otherwise impose a penalty in a consumer fraud case. That function is left to the attorney general.

Beyond the subject-matter jurisdictional question, the Appellate Division also held that the complaint in municipal court should have been dismissed on other grounds, including territorial jurisdiction (case filed in the wrong venue) and due process (wrong municipal court summons and complaint form used to charge the offense).

Download a copy of State v. Tri-Way Ka.

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Category: Muni-Mail Archive