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Questions Answered by Scott Richard Kaufman
2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to pay mortgage if the payment is denied.

PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 3, 2020

In addition to the fine direction given by Attorney Kontrabecki, I'd also note that it is entirely possible that your contract(s) as they relate to this mortgage, have an "attorney fee" clause in it/them. IF so, an experienced contracts attorney or more specifically, real estate attorney, may even... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I bought a car from an impound yard which was falsly advertised, and broke down within 24 hr. What are my rights?

Impound yard advertised a 2005 Hyundai Sonata, which I purchased. It turns out it's an 04, even thought I specifically asked the guys twice I was lied to. He pressured me into making a quick decision, so I bought it. The car broke down and died the next day. Now I'm out $1300 and no car. What are... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 3, 2020

If you feel like you were lied to about a significant issue, you can sue and maybe win and maybe even collect.

If the issue is the YEAR of the car, you are likely wasting your time.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do I get my $ back from a venue that cancelled my party because of COVID-19?

I paid in full and the owner of the facility states the $ is not refundable. Contract states $ is nonrefundable if the client (me) cancels or postpones the party. I did neither.

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 24, 2020

It's a contract question, so, go to show your contract to a contract dispute attorney.

You sound like you are in the right, but, like most of us have heard since we were very

small, "possession is 9/10ths of the law." and HERE, the other guy does not want to

voluntarily...
Read more »

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Lemon Law for California on
Q: Sold my car to carmax. They sold it. The new owner did a hit and run and it came back to me.

I traded in a fully paid off car went to carmax to trade it for a cheaper vehicle on insurance. I found a cheaper car and even recieve a check back because I still had positive equity balance. Few months, I thought my car was stolen as It was repossessed! I paid the 1300 to get it out. While trying... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 19, 2020

Sorry for your issues. You will want to get in touch with a consumer protection attorney immediately for a full evaluation of your circumstances and options going forward.

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: I bought an online class with 30 days money back guarantee and the vendor refused to give me a refund.

The class offered a 30 days money back guarantee. They said that it was 30 days from the first day of class. So I counted 30 days from the first day and I asked for a refund on what I thought was day # 30. But the vendor said that it was actually day # 31 and not day # 30 and therefore they... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 15, 2020

Anything is possible. Give it a try!

1 Answer | Asked in Consumer Law for California on
Q: Merchant has a signed receipt but never billed credit card and CC account is closed. Am I liable for the charge?

On 12/18/19 I purchased access to an online educational platform for SEO via credit card over the phone for a total of $5860. The representative confirmed the transaction and forwarded a receipt listing it as completed and I e-signed a receipt with the last four digits of my card on it.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 21, 2020

Without a full review of all facts and documents, no one can opine definitively here, but, your point "Aftergaining access to the platform, I found the contents extremely poor and not usable." is likely the best place for you to focus your efforts when push comes to shove. Good luck with it.

3 Answers | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for California on
Q: Could a debt collector try to collect on debt that is 8yrs and that was included in a bankcruy?
Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 12, 2020

Sounds like a claim you may have for unfair debt collection.

Contact a consumer protection attorney straight away as it

may be money in your pocket. Not a LOT of money, but, money

just the same and it may put an end to it...

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2 Answers | Asked in Civil Litigation, Consumer Law and Small Claims for California on
Q: Can I video a conversation with my phone at a business that has cameras everywhere and notices I am being recorded?

I was at a towing company trying to recover my car and I recorded my interaction with their employee at the front counter. There are cameras everywhere and notices that I am being recorded. Can I record my interaction and can I use that in small claims court? The tow was illegal and they did damage... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 8, 2020

Sounds like you already did. What's good for the goose is good for the gander...

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2 Answers | Asked in Contracts, Lemon Law and Small Claims for California on
Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 4, 2020

The CA puppy lemon law is in place to protect consumers from unscrupulous breeders. Assuming you are not one, find it, read it, abide by it. It's pretty short and in mostly plain English. When all conditions and dates have been or have not been complied with, seek more help from counsel.

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1 Answer | Asked in Consumer Law for California on
Q: Can a used car dealer sell me a car without being smogged? I purchased the car in April 2019 I still dont have plates or

Registration for car and I paid car off in sep 2019 I called DMV they told me there is a lien on my car and it has not been smogged since Feb 2018. So now I've been driving with Expired Temp paper plate that Expired Oct 2019 Is the dealer breaking any laws????

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 31, 2020

Sorry for your issues. Whether they smogged it or did so timely is not your issue.

For instance if it under 4 years old, no smog required. The issue is, as you've noted,

no tags, no title, presumably. THAT is a problem and may or may not be related to

the no smog issue....
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: Denied $400 Target return(Unopened w/receipt, purchased day prior) cause staff didn't know how to return the item. Help?

It was a Visa prepaid Debit Card the card itself and the store policy says specifically that this item can be returned if unopened with receipt and within 90 days. Which I had all three. Staff was extremely rude and degrading to me and wouldn't even take the time on how to figure out it could be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 27, 2020

Go to a different Target!

OR talk to a manager next time.

Good luck with it!

2 Answers | Asked in Consumer Law for California on
Q: How long does the Consumer Protective Service take to respond for a licensee with a criminal record?

I applied to get my licensure for physical therapy. The California Physical Therapy Board sent my application to Consumer Protective Services to review my criminal background and decide if I can get licensed. I was wondering what this process is typically like and how long it takes. Thank you in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 22, 2020

I do not think anyone can answer this with exactness. The CA Bar licensing usually takes about 4 months and does not include folks *usually* with criminal records. It DOES have a LONG exam. IF it takes more than 6 months, I'd recommend you politely reach out to the body doing the screening, and to... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I went into an auto dealership to trade my car in for a new one I was upside down and the payments would be high but

I was fine with that. My current loan was discharged under a bankruptcy, but my mom would still be held liable for it as she is a co-signer on the loan. Anyways, the finance manager comes back and says since the loan was discharged, just surrender the car. I informed him that my mom was on there... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 13, 2020

I do not have the specific answer to your question, but, I have excellent input.

Here is what you do, ASK your bankruptcy attorney! They know this stuff inside

and out and they will know if you were lied to and if so, what your remedies may be.

Good luck with it!

1 Answer | Asked in Consumer Law for California on
Q: If i have declined to purchase the contract cancellation option will I still be able to ask for a refund for the car?

I bought the car used and the dealer gave no info about the car having a faulty transmission. Two days after purchase the car had much difficulty driving. Bought "as is" but had no idea what that meant. First time buyer age 21. No warranty bought. Dealer said nothing at all and clean car fax... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 30, 2019

Maybe. IF they knowingly mislead you or flat out lied to you in writing or orally, you may have a case?

IF the car has a warranty and that does not work to fix it, you may have a case?

Talk to a professional consumer protection attorney for more direction.

1 Answer | Asked in Consumer Law for California on
Q: what do I name the defendant in a small claims case if I am trying to sue a car sales company

would i only put "corporation" and then add the name of the car sale company OR add "agent for service" or "individual" and add the seller or managers name as well?

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 29, 2019

I would sue the car sales company. Check your contract for the name and/or check with the dmv for the proper legal name. Good luck with it.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 12, 2019

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

1 Answer | Asked in Consumer Law for California on
Q: This guy tried to sell me a Jersey online, I can't pay and he said he is gonna contact the police. Can he do that?

I originally said it's a maybe, then he asked for size and shipping, so he has that info. I thought I would be good cause I was gonna start working so I would be able to buy it (I even told him that). Its been about 3 weeks and he said that he was going to call the police. can he do that?

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 15, 2019

Sounds like it was not yet shipped?

BUT, maybe he ordered one and paid for it and that cost him money out of pocket

and it's your fault?

So, YES, he CAN call the Police, BUT, they will do nothing.

So, YES, he CAN sue you and if he wins, you get a "judgment"...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: I paid off my auto loan this morning at 9:07 am. I paid the amount I was told to pay. the amount was increased after.
Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 14, 2019

IF you have all of this in writing and you should, it should be easy to fix this. If you do not you NEED to create a writing memorializing these facts.

2 Answers | Asked in Lemon Law for California on
Q: How does the current GM strike impact the law as far as amount of Tim my vehicle is in the shop?
Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 22, 2019

Part suppliers have pulled way back. Pipeline is therefore affected. It could indeed give GM a break. Good luck with it.

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2 Answers | Asked in Arbitration / Mediation Law and Consumer Law for California on
Q: Who pays for arbritation filed by myself as a consumer regarding a dispute. I did submit a fee waiver.

Will i be going up against corporate lawyers? I dont have a lawyer. But after several attemps to resolve the issue. I finally resorted to arbritation.

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 16, 2019

Contact the arbitration provider and read their rules.

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