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Consumer Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a defective piece of furniture (paid $6,572) from a furniture store, Ship Bottom NJ

I purchased a defective piece of furniture (paid $6,572) from furniture store, Ship Bottom NJ

Purchased 5/31/221, received 10/31/21.

Apx 2/02/22 Store/Manufacturer verbally agreed to replace it completely.

I now want my $ back because same problem subsequently observed on... Read more »

William N. Sosis
William N. Sosis
answered on Jun 27, 2022

Yes, you do. Sellers do have a right to cure any defect but only if their efforts are reasonable and don't amount to tinkering. New Jersey provides several remedies for unfair commercial transactions. These can be found in Article 2 of the Uniform Commercial Code, The Consumer Fraud Act,... Read more »

1 Answer | Asked in Environmental, Consumer Law, Products Liability and Civil Rights for Kentucky on
Q: , I pay a environmental fee Monthly on my water bill that cost more Then water usage

we’re in a crisis situation due to our water but we pay for an environmental fee every month that cost more than usage

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

What is your question?

1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: 4 years ago a roofer damaged the water pipe, but fixed it. Tonight it totally failed flooding the room. What recourse?

In Feb 2018 a contractor replaced our whole roof from a hurricane damage. In the course of the repair one of the workers sawing thru the roof damaged a water pipe that was in the space beneath the roof when we had the whole house re-piped so years earlier. The contractor fixed it (unsure of method)... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

You are going to need someone to fix the leak now. While you are at it, ask that person to tell you if it was the same pipe that the previous contractor damaged and then repaired, and also if the previous repair was done incorrectly and thus caused the present problem. If so, and if you decide to... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
Read more »

2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: i want to know how to check out if a debt collector is not a scammer

the lady who called answers hello. they wont let me have the name of the company or validation of the debt. they said if i dont pay the settlement amount they offered (2,225 turned into 1000) id go to court and loose since i signed a contract with us bank. i did not have checks. i am positive i... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

This sounds like a scam. Debt collections send you written notices. They rarely call. Also if you only have ssi, you may be judgment proof as debt collectors cannot touch ssi.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for South Carolina on
Q: is there a maximum age one can be called for jury duty in south carolina?

i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?

Timothy Denison
Timothy Denison
answered on Jun 22, 2022

No. No maximum age. You can be called again.

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
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Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Consumer Law and Business Law for Oklahoma on
Q: Is it required in oklahoma for bussinesses to take cash in their stores? And is it required they post it if they dont

I am curious if it is legal for ok. Stores to refuse cash on ordered goods when you pick them up when the business has nothing posted?

Charles Watts
Charles Watts
answered on Jun 22, 2022

In Oklahoma businesses can take any legal form of payment they desire. If they do not take cash, there are reasons they chose not to, such as a fear of theft, counterfeiting, germs transferred through money, etc... Posting is not required. Your recourse is to not accept the item and go... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: A company advertised a product as "free" and "no strings attached" but charges for non returns, is that false advert?

A company recently charged me for unreturned equipment that was given for free with no strings attached. The terms and conditions does not specify this particular product which is not owned directly by the entity. The entity advertised the equipment as free and no strings attached. I never paid for... Read more »

Leon Bayer
Leon Bayer
answered on Jun 21, 2022

How did they get paid?

1 Answer | Asked in Consumer Law for North Carolina on
Q: My car is collateral for a loan I have with one main financial company. Can I voluntarily surrender the car?

Lynn Ellen Coleman has already answered this question for me. Thank you, Lynn. My question now is what are the non bankuptcy options with this?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 21, 2022

Unfortunately, it is impossible to answer this question in a public forum like this because a detailed analysis of your financial situation - income, expenses, assets, and debts - will be required. You do not want to expose that kind of personal information on a public forum. I can say in very... Read more »

1 Answer | Asked in Consumer Law for Mississippi on
Q: Can I legally sell tobacco to someone who is 21 but their ID shows they are under 21 yet the ID isnt expired but isvalid
Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

Generally speaking, probably not, considering that it would seem that you know that the person is underage. That being said, if the person is definitely old enough, then it sounds like it may be an issue that that particular person may need to clarify to have their age corrected on their ID to... Read more »

1 Answer | Asked in Consumer Law for Mississippi on
Q: What can I do to get back a 2000.00 refund for windows I paid down on but did not get from a company in Arkansas.

I paid a down payment on some windows in November 2021. I canceled the order because the company kept changing the installment date. The owner claims to have mailed my refund but the check was returned to him and he cancel it. He text me a copy of another check that he wrote on May 23, 2022, and... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

In this situation, the window provider is in breach of contract for failing to fulfil their terms of the agreement. Your best bet is going to be to either hire a lawyer in Mississippi or perhaps Arkansas to sue the provider for breach of contract.

1 Answer | Asked in Energy, Oil and Gas and Consumer Law for Indiana on
Q: Can I sue a gas station for refusing to give me a receipt for gas purchase and being racist to me.

I went to purchase gas at a gas station and the machine was out of receipts, I went inside to ask for one. The worker was very racist and rude in her talk and refused to give me a receipt. I asked why she said I don’t know how but she mentioned that she has been working at the place for 20 years.... Read more »

Charles Candiano
Charles Candiano
answered on Jun 20, 2022

Workers' Compensation is an area of law that deals with work-related injuries.

It is illegal for a retail merchant to refuse to provide you with a receipt. The situation that you describe happens EVERY day. A remote printer either runs out of paper, misfeeds, jams, or runs out of...
Read more »

1 Answer | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: My car is collateral for a loan I have with one main financial company. Can I voluntarily surrender the car?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 20, 2022

This will have a negative effect on your credit. You can try to voluntarily surrender the car. OneMain is NOT required to take the car in satisfaction of the loan. They can refuse to come pick up the car or take the car. They also don't have to release the lien on the title if they refuse to... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Florida on
Q: We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion

Contractor recommended this too big unit and could not get it to work correctly in our home. We received a refund of all monies paid however the contractor has not picked up the unit since returning our money 3 months ago. Can we legally sell this or give it away? Technically we do not own this... Read more »

James W. Martin
James W. Martin PRO label
answered on Jun 17, 2022

Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the... Read more »

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