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Consumer Law Questions & Answers
1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 22, 2021

S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I live in Colorado & did business with a nursery in Tennessee on-line. All plants were DOA. No refund or credit

I started complaining via email in April. They wanted pictures and even suggested I send the dead plants back at my expense. They said they don't issue refunds, even though they say all plants are guaranteed. They will only issue a credit. I have been waiting for a credit for over 3 weeks.

Tim Akpinar
Tim Akpinar answered on Jun 20, 2021

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, usual options could include inhouse customer service, forums identified in the agreement for disputes (e.g., arbitration under AAA rules), or small claims/civil court. A Colorado... Read more »

1 Answer | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for Connecticut on
Q: Can I sue a repair shop/dealership for the entirety of my vehicle due to shotty repairs?

The car has gone into this shop with a full coverage warranty. They would keep the vehicle in their shop for multiple weeks to repair simple things, and return the car with the same problems. This continued over the course of 2-3 years, until the engine failed and was considered totalled. The... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Unlikely at this point. You'd need an expert to testify that the engine fialed due to what they did and for no other reason. Part of the problem is also you kept taking it back--the law would say some of that's on you, because you didn't want to have a competent mechanic look at it.... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Can bodyshop change terms of payment after work has begun then threaten to not release the vehicle into my possession?

May 20th 2021 I recieved, signed and sent back an authorization to repair form that the bodyshop had sent me. This document listed acceptable payment methods one of which was any "major credit card". Relationahip between bodyshop and I has gone down hill since then and around June 3rd... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 19, 2021

I would file suit in New Jersey against the BMW dealer under the Consumer Fraud Act and obtain jurisdiction over the body shop in the New Jersey case, using the long-arm statute and the entire controversy doctrine. However, this type of case can only be taken on a retainer and hourly basis. The New... Read more »

2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Consumer Law for California on
Q: A check was bounced regarding an issue with a mechanic. His product was defective and broke down.

We asked for a refund which he agreed to but he kept delaying our payment. It's been a year and he just told us now he is not gonna pay us back. We have all the receipts and text messages as proof.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 17, 2021

The BAR regulates repair shops. Give them a shout. Good luck with it...

https://www.dca.ca.gov/webapps/bar/complaints.php

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Gonna sue RCA

Will give more details later. Checking to see if this site asks for CC

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

If you decide to give an inkling as to your question, do mention what you mean by RCA--the initials have many meanings.

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Maryland on
Q: What doctrine governs a partial insurance car repair coverage despite the repair facility's procedure to do it entirely?

My truck was damaged by a collision with a deer. StateFarm paid to repair the truck. StateFarm only paid 1/4 of the cost of reapplying a dealer-installed paint sealant. The "StateFarm recommended" repair facility will not apply the paint sealant to any car partially. Applying the paint... Read more »

Scott Scherr
Scott Scherr answered on Jun 16, 2021

If State Farm is your own insurance company, you can sue them for breach of contract. If State Farm is the insurance company for the other driver who was negligent, you can sue the other driver for the money. Note that if you were injured, you must bring all claims in a single cause of action and... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?

A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 15, 2021

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... Read more »

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: Bought a rv and signed paperwork now told interest rate was wrong and need to sign new paperwork is this legal?

We bought a travel trailer from a dealership and looked over paperwork and agreed upon the interest rate and payment, signed and took possession of the rv and 3 days later they call and say the paperwork was wrong and interest rate and payments are going to be higher. Is this legal after already... Read more »

Anna L Self
Anna L Self answered on Jun 11, 2021

You should have an attorney review the contract and other documents that you signed but generally contracts are binding upon the parties and they can't change the terms.

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Ohio on
Q: Can an unlicensed contractor.demand payment for sub standard work.he did nothing legal to perform according to the law

He tricked us into thinking he was licensed and knew what he was doing.he didn't and now he wants 35000.00 when we did not agree to that

Matthew Williams
Matthew Williams answered on Jun 11, 2021

Anyone can demand anything. You can refuse to pay him. He could then sue you, and you could defend the lawsuit and counterclaim for fraud.

1 Answer | Asked in Consumer Law for Maryland on
Q: in maryland, what starts the statute of limitations for debt collectors and what type of actions restart the clock?

I cannot find any state law on this information

Mark Oakley
Mark Oakley answered on Jun 11, 2021

The general SOL for a consumer debt in Maryland is 3 years from the later of (1) the date the last payment on the account balance came due and you failed to pay it, or (2) the date of the last payment you made on the account. In scenario #2, it is not uncommon for debtors to make a late payment,... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Is it to late to file exemption once the garnishment stops

Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Insurance Bad Faith for Missouri on
Q: What actions are considered vexatious by insurance companies in MO.& what is bad faith? What can I do?

My insurance company used a bias company to estimate loss. The inspection was not thorough and I was pressured to accept a completely unreasonable lowball offer. I complained to my agent and received a call from the supervisor saying they will send a third-party inspector over to inspect the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 10, 2021

A Missouri attorney could advise best, as your question could involve elements of state-specific law. In terms of what you could do, one option is to arrange a brief consult with an attorney experienced in property damage/fire claims. In terms of pressure to accept an offer, if a release had been... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: I finance a used Nissan Nv Cargo without the buyers guide and if I have been sold a Modified vehicle.

The finance paperwork was deceptive and a lot of information and the signature page of the service contract is omitted that clarified the details that would validate or invalidate the services I purchased, but I didn’t know this until I researched the terms and conditions pages they gave me and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2021

This sounds like a frustrating experience but I'm not sure of your exact question. It sounds like a civil law issue rather than a criminal law issue.

1 Answer | Asked in Consumer Law, Collections and Health Care Law for New Jersey on
Q: During a medical procedure, my doctor sent biopsies to an out-of-network lab. Am I financially responsible?

The doctor could have used Labcore or Quest, both in network labs. However, he sent them to an out of network lab, without my knowledge or permission. Can the lab he sent them to bill me?

Morris Leo Greb
Morris Leo Greb answered on Jun 7, 2021

Yes.

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