Lawyers, Answer Questions  & Get Points Log In
Consumer Law Questions & Answers
3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 5, 2022

Collection scams are rampant and this sounds like a scam.

View More Answers

3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

There are certain magic words and warnings they must give. I am not familiar with those words/warnings. SOUNDS like not necessarily a scam but, still unlawful debt collection? I'd seek an attorney who handles unfair debt collection and I'd be VERY wary of giving them a nickel as that... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for California on
Q: Anti trust and Consumer Laws being broken by Apple Inc. How to bring a case against Apple, it’s Euro subsidiary Company?

Breach of Data, Breach of Privacy by use of force of aggravated identity theft which has resulted in online bank account financial theft.

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed.

1 Answer | Asked in Consumer Law for California on
Q: Requesting help with a consumer issue can a class action lawsuit be made again a delivery food service?

Can they be held lieable for not being easily accessible for the disabled/ low income class with a main source of income being ebt and they don’t give the option to pay with ebt although they contract with Resturants that do accept ebt ?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

A company does not have to accept EBT. It is a program that vendors can participate in, but it is not a requirement.

2 Answers | Asked in Consumer Law for California on
Q: What can I do if a company is not issuing your refund even though they accepted the item back?

I bought a cream from my doctor's office at Medical Providence. It was $100 and upon thinking about it I decided it was a bit too costly for me. The very next day, I went back to my doctor's office and I asked to return the cream (unopened). They were hesitant at first but in the end they... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

You can sue in small claims court for breach of contract, promissory estoppel and also likely California Business and Professions Code § 17200 for fraudulent business practices.

View More Answers

1 Answer | Asked in Consumer Law for Tennessee on
Q: I paid my car off two months ago and they refuse to send me my title. I don’t know why. Can someone help me?

The person over my account refuses to send my car title. My car was paid off on 8/5/22. The lady gave me a fake tracking number and a fake certified mail receipt. I called the Department of Revenue and told me to seek legal counsel and wouldn’t tell me why.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Car Dealer probably never owned the car. You will need an attorney to complain to the proper agency and make a claim. A suit may be needed also.

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: Pool company does not exist anymore and left me with unfinished pool. What can I do to get my money back?

Dec. 3, 2021 I signed a contract with Hydrotech pools for building a pool in my backyard.

Now this company does not exist anymore. All the people I had contact with are not at the company anymore. I was at their office and it was empty, like abandoned. I paid everything except an amount of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2022

You probably can't sue the owner, assuming the company is a limited liability company (LLC) or corporation; that's what limited liability is all about. While there are possible scenarios under which you might be able to "pierce the corporate veil". it's not likely that you... Read more »

1 Answer | Asked in Consumer Law, Collections and Elder Law for Arizona on
Q: A bathroom remodeler wants to assess me with restocking fees because I want to cancel now after 4 mos., can they do that

Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: Judgment approved on 6/9/17. Garnishment affidavit filed 4/22/22. Garnishment approved 6/14/22. 5 year SOL has passed.

If SOL expired before wage garnishment was issued is it legal to take my money?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

The statute of limitation to collect on a judgment is much longer than 5 years. The 5 year SOL applies to bringing the lawsuit. You have no statute of limitation defense.

1 Answer | Asked in Consumer Law for New York on
Q: If I sign a fee agreement and don't pay what happens?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

It could depend on the terms of the fee agreement. Some fee agreements are drafted such that if no actual services are performed (in other words, no work done), there is no obligation to pay. Some agreements are drafted such that a fee is owed based on an outcome, whether the outcome is a... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Consumer Law and Public Benefits for California on
Q: I fell off the Monkey bars at the gym and fracture my leg. Could I sue for physical damage?

I wasn't able to walk and lost my Job. I still have problems with my leg.

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

You could sue. My guess is the gym had you sign a waiver when you joined, so you'll have to contend with that. Speak with a local litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Consumer Law for California on
Q: I am thought a business cannot take Driver's License information when making a purchase, based on murder of an LA actres
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

This is one of the more interesting questions of the day. Not sure what you mean, but speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read 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.