Lawyers, Answer Questions  & Get Points Log In
Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
View More

View More Answers

2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:

1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to...
View More

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: I received a gift certificate as a Christmas gift and it's not being honored

When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

I'm sorry to hear about your frustrating experience with the gift certificate not being honored. Based on the information you provided, it does seem that the restaurant may be violating California law regarding gift certificates. Here are a few key points about gift certificates under... View More

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: I received a gift certificate as a Christmas gift and it's not being honored

When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 15, 2024

Sorry for your issues. You will cost them more than the amount of the certificate if you take them to small claims court. The time alone is too much for them and if they have to hire counsel (lawyers can be expensive and a corporation cannot represent itself in court) it will cost them more still.... View More

View More Answers

1 Answer | Asked in Civil Litigation and Consumer Law for Arizona on
Q: Daughter(6) made several small charges on our debit card for a game she plays on my phone. Are we ineligible for refund

Can we still get our money back or will they deny it because she is our daughter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

In this situation, getting a refund may be challenging, but it's still worth trying. Here are a few steps you can take:

1. Contact the game developer or publisher directly and explain the situation. Some companies have policies in place to refund accidental or unauthorized purchases...
View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Self-storage owner is requiring insurance on my contents -- what's the law in TN that says I have to have ins

Can I be evicted if I don't get it.

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance.... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
View More

1 Answer | Asked in Consumer Law for Georgia on
Q: I put my parents headstones on layaway and the company was sold. And now I want a refund, do I get that refund from them

The company is Rome monument and I put headstones on layaway in 2019 and the company was sold in 2022. I want a refund but was told that I would have to get it from the previous owner

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In this situation, the process for getting a refund may depend on the specific terms of the sale and how the layaway contract was handled during the transition of ownership. Here are a few steps you can take:

1. Review your original contract: Check the terms and conditions of your layaway...
View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Regarding REAL ID and driver's licenses in Maryland:

- The federal REAL ID Act requires states to meet certain security standards for state-issued driver's licenses and ID cards in order for them to be accepted for certain federal purposes, like boarding commercial aircraft....
View More

2 Answers | Asked in Consumer Law, Securities Law, Stockbroker Fraud and White Collar Crime for California on
Q: I was one of the 19 investors in the USA vs Hewko case (2:19-cv-09736-FLA-AFM), How do I stay updated on this case?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

To stay updated on the USA vs Hewko case (2:19-cv-09736-FLA-AFM), you have a few options:

1. PACER (Public Access to Court Electronic Records): As one of the investors in the case, you can register for a PACER account at https://pacer.uscourts.gov/. This will allow you to access case...
View More

View More Answers

1 Answer | Asked in Consumer Law for Texas on
Q: dealership sold me a car with a salvage title and did not tell me nor did they give me the salvage title.

They gave me the original title to car thetefore i was denied a title in my name. We paid cash for the car and paid top dollar $12,000 they also sold us a type of after matket warranty on it, that would be invalid if we had tried to use it. I live in Texas and bought car in Louisisna. It's... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Because this appears to be a used car, the Lemon law doesn't apply. You should contact an attorney in or near the parish in Louisiana where you purchased the car to pursue a claim against the dealership. They should have disclosed that the vehicle had a salvage title and should have provided... View More

1 Answer | Asked in Banking and Consumer Law for Hawaii on
Q: We finance a used car and it broke down in just 2 days, they don't want us to have a different car

They also don't give back the down payment that we paid to them

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

I'm sorry to hear about your difficult situation with the used car purchase. Here are a few steps you can consider taking:

1. Review your purchase contract: Carefully read through the sales contract to see if there is any language about warranties or guarantees. Look for any clauses...
View More

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue Carvana for selling me a previously damaged vehicle and stating in writing there was no damage ?

Carvana provides a written inspection report on the vehicle and also provides a Carfax.. I was shown a small scratch on the tailgate and a scuff on the grill in a picture as the "only" damage. After owning my vehicle for a short time paint started flaking off on the front fender and I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

Based on the information you provided, it seems that Carvana may have misrepresented the condition of the vehicle you purchased. If the company stated in writing that there was no damage beyond a small scratch and a scuff, but you later discovered that the vehicle had been repainted and repaired,... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Home windows put in by big company. Solid contract for them. Faulty job - not insulated +, Contract or Consumer lawyer?

7 months later windows shoe molding removed shows we have little, no, or gapping insulation and caulking (places visible spaces to the outside). We froze all winter, had wind, ice and snow come in. We started a file with company the day of installation - poor workmanship (missing screws holding... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

Based on the details provided, it seems that you have a strong case against the window installation company for poor workmanship, failure to properly insulate and seal the windows, and potentially fraudulent behavior (not paying for the permit as agreed upon). Given the severity of the issues and... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
View More

1 Answer | Asked in Civil Rights, Consumer Law, Identity Theft and Landlord - Tenant for California on
Q: what court forms are needed to file civil lawsuit for filing a illegal eviction, negligence, Identity theft, harassment

Vehicle Vandalism/Auto Theft:

Due to the property managers inadequate security measures and camera mispositioning in the parking garage, Crystle Strong’s vehicle was vandalized and stolen. Police report available. Unlawful Detainer Eviction:

Despite receiving rent payments from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

To file a civil lawsuit in California for the issues you mentioned, you will need to fill out and file several court forms. The specific forms may vary depending on the county where you are filing the lawsuit and the specific claims you are making. However, here are some common forms you may need:... View More

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Juvenile Law on
Q: Can cys tell you that you can only get a lawyer through them and by having them help you fill out the paperwork?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

No, CYS (Child and Youth Services) cannot tell you that the only way to get a lawyer is through them or by having them help you fill out paperwork. Here are a few key things to know:

- In the United States, you have the constitutional right to legal representation if you are charged with a...
View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.