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Consumer Law Questions & Answers
1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

1 Answer | Asked in Consumer Law for California on
Q: Is a law firm that represents you obligated to show you how your funds from your settlement were dispersed?

My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... Read more »

William John Light
William John Light
answered on Jan 25, 2023

The attorney is supposed to account for all funds and report to you.

California Rule of Professional Conduct 1.15 (calbar.ca.gov/Portals/0/documents/rules/Rule_1.15.pdf):

"(d) A lawyer shall:

(1) absent good cause, notify a client or other person* no later than 14...
Read more »

1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... Read more »

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Kentucky on
Q: How do I get a vehicle transferred that I purchased and paid in full when the party refuses to complete the transfer?

I paid in full $6000 over a year ago for the vehicle and still can not get a title in my name. After going to the county clerk where the vehicle was purchased I find out it is not even in the person's name that took my money, he is also an attorney. I have ask the county attorney and the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Take a criminal complaint against the seller for failing to register the transfer.

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: I am considering bankruptcy on balances of high interest accounts. Can I get help doing it on my own.

One account is a lease for a photo printer. $800 the printer was damaged in our last hurricane and trashed by accident now client wants to pick up printer or be paid can I be arrested?

Timothy Denison
Timothy Denison
answered on Jan 24, 2023

You may be able to get some help from your local bar association or legal aid society. You cannot be arrested for the damaged printer.

1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

2 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: My dad died. I have his car. He got several letters stating the car was paid off. Then they said it wasn't.Legal status?

If it's put in writing that it's paid off can I use that legally or do I have to still pay what they now say is owed ($1500)?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

No one can give a definite answer without seeing the writing and determining who it's from. The best place to start would be the secretary of state to see if their records show a lien on file.

2 Answers | Asked in Consumer Law, Bankruptcy, Contracts and Collections for Arizona on
Q: Can/will credit card companies get a court order to place a lien on my potential newly purchased car?

I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... Read more »

Timothy Denison
Timothy Denison
answered on Jan 19, 2023

Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.

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1 Answer | Asked in Consumer Law, Collections and Elder Law for Maryland on
Q: A debt collector is attempting to collect a debt over 15 yo from my elderly parents who are MD. Is that possible?

By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... Read more »

2 Answers | Asked in Consumer Law and Small Claims for Kentucky on
Q: I purchased a used 1999 Ford truck from private party in Kentucky. Although they said it would “make it “ the 3 1/2 hour

Fraudulent listing on marketplace fraudulent mileage. Nothing works, states 1 owner. I’m the 10 th!! Mileage is less than in 2016. Frame is full of holes and rust. I’ve driven it 6 miles. I’m 64 and on a fixed income and boy am I stupid!! I’m out 2k for the truck $700 for uhaul , hotel... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 19, 2023

You should be able to sue him in small claims court in the county where the transaction took place. Save all your records and communications with him. You can hire a lawyer, but that may end up costing you more than the car is worth. They have small claims packets at the courthouse so you can file... Read more »

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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Oklahoma on
Q: Is it legal for an insurance company to debit your account for balance from years ago without any notice?

I was getting a quote for new auto insurance coverage and got to the payment page when the site told me there was "a problem processing payment". I checked my account and there was a pending balance that I did not authorize from that company almost $100 more than what I was quoted. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific insurance and consumer law, one option could be to check with the state department of insurance. Most states have such an agency that... Read more »

1 Answer | Asked in Products Liability, Consumer Law and Small Claims for Ohio on
Q: I need a lawyer for negligent work done to my vehicle & insurance paid for parts that were never replaced.

Nov ‘21 my car was in an accident that caused the whole engine to be replaced, radiator & battery. Jan ‘22 I received my car back & a week later the serpentine belt came off 2 times in 2 weeks. Nov ‘22 I hit a deer on my way to work. I received my car back in December ‘22 &... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I am working on several cases similar to this. I need to learn a little more.

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for California on
Q: What kind of lawyer do I need to hire?

I was served a lis pendens for something my contractor told me I didn't need to pay for. The manufacturer of the solar panels served me for non-payment, but I was advised by my contractor not to worry. I want to hire someone to protect myself and my house

James A. Greer
James A. Greer
answered on Jan 17, 2023

Dear Client with recorded Lis Pendens: To answer the question "what kind of lawyer" that you need, the answer is: a construction litigation lawyer. I am concerned on your behalf when you mention that the Solar Panel supplier "served me for non-payment" - this connotes that... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?

I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller.

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