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Questions Answered by Scott Richard Kaufman

2 Answers | Asked in Consumer Law for California on

Q: What is usury for interest charged on a $3,900 auto loan?

A friend, who is naïve and mentally-challenged received an auto loan with a principal amount of $3,900 at an interest rate of 47.99% with equally horrendous late charges. To date she has paid over $11,000 on the $3,900 and the lender is requiring $3,500 from her to pay it off. I want them to... Read more »

Scott Richard Kaufman answered on May 23, 2019

Tough call, but, while it's unsure if a car dealer is a licensed lender, it IS clear that one may not contract with someone who does not have "capacity" to contract, ie, 'mentally-challenged' and one can be hit hard with punitive damages for knowingly taking advantage of someone like this. She... Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for California on

Q: I purchased a vehicle from a used car dealer and was reposed illegally and was not given the opp. to reinstate

they gave me one explanation in writing and another verbally and they charged me a fee to give me back my property and kept given me the run around wat can I do?

Scott Richard Kaufman answered on May 22, 2019

You have rights. I'd STRONGLY recommend you get in touch with the DMV Investigations unit to see what they have to say. My guess is that they can help, fast.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on

Q: Can I sue this auto auction.

I purchased this car for $1500. The registration was pass due and it was almost $400. The engine light came on the time I went to drive it from my home. Ford says I need a whole engine. A important sensor is missing. That is not a overnight problem. I feel as though they sold me lemon.

Scott Richard Kaufman answered on May 13, 2019

Sounds like you are correct. Here is a YouTube channel with some thoughts for you:

https://www.youtube.com/channel/UCtIgcjv_Xem4MuFQsWJa4LA

Good luck with it.

1 Answer | Asked in Consumer Law and Contracts for California on

Q: Can someone help me not get screwed on a car buy? I have paperwork but no ability to claim ownership.

we tried to buy her car on Saturday, but it wasn't her car yet since she never completed the title transfer from her late father to her before selling it to us. Sunday I find out, call DMV Mon. for advice and are told I need a bill of sale. Mechanical issue Monday, she stopped responding after I... Read more »

Scott Richard Kaufman answered on May 9, 2019

Sorry for your issues. NO ONE benefits from a "judgment" against them. This matter, at 3,500 or so, is in small claims court, which takes about 60 days start to finish. IF this seller refuses to "do the right thing" you should take her to small claims court, that judgment, when you (hopefully) win,... Read more »

1 Answer | Asked in Consumer Law, Business Law, Small Claims and White Collar Crime for California on

Q: I got scammed out of 5500$ by an online seller, How to proceed?

Ok, So i purchased 20,000$ (~200 orders) of merchandise from an online e commerce site for my small business, under all my personal info. I only receive 900$ of items from them. I charged back with my credit provider and only got back 14000$ I am out about 5500$. I am not the only one who got... Read more »

Scott Richard Kaufman answered on May 6, 2019

Sounds like you may have to sue them, which of course could cost way more than the $5500 you are out.

Maybe small claims is your best bet, it's quick, easy and for matters under 10K wherein attorneys are not

allowed at all, well, other than to represent an LLC or a CORP.

2 Answers | Asked in Consumer Law for California on

Q: I had paint problem on hood of Ford Exp. 17, is the lawsuit still going or it is done, thxs.

I had bubbling paint on hood of Explorer 2017. I was in dealer yesterday and they were trying to tell me, that is normal. But I am working for metal finishing companies over 30 years, this problem is a contamination of Aluminum hood with Iron before painting. My car is still under warranty ( less... Read more »

Scott Richard Kaufman answered on May 3, 2019

Sounds like a nice lemon law case.

Not sure what lawsuit you are referring to unless there is some class action out there?

Good luck with it.

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2 Answers | Asked in Business Formation, Business Law and Products Liability for California on

Q: If a dealership forgets to charge your down payment and you signed the contract already do you need to pay them?

I recently got a car and was putting down $2,000 as down payment but the dealership forgot to charge me the down payment but instead charged me everything else for the car. We signed the contracts already and everything was a done deal. Do I need to go back and give them the money they forgot to... Read more »

Scott Richard Kaufman answered on May 2, 2019

If you agreed to pay the money but they made a mistake, you should not, morally or legally try to avoid paying what you've agreed to pay. You'd be just like a car dealer then...

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2 Answers | Asked in Business Law, Consumer Law and Small Claims for California on

Q: Hi, I am from China. A US digital marketing company provides online service to us, but they are really inefficient.

They waste us a lot of time, didn't focus on our project. How can I report them? How can I protect myself from loss?

Scott Richard Kaufman answered on Apr 22, 2019

Change companies.

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2 Answers | Asked in Business Law, Consumer Law and Legal Malpractice for California on

Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract

What is California statue of limitations on a case like this? And does this ever happen to other people or just to me

Scott Richard Kaufman answered on Apr 18, 2019

You may want to WRITE to this person to see what is up?

Most (honest) attorneys will respond swiftly with an explanation.

Failure to respond timely may show s/he knows they did

something wrong. Then you may take it to the next level, like

opening up a BAR inquiry?

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2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for California on

Q: I've had a RV repair mechanic fixing my RV for appox 16 months.I paid in advance for Services $2700 .

He has never called.Only twice, after I left a message.And now says he needs more money 1k and hasn't finished the job.This is in CA.He is Trying to keep my 8k RV it seems. After he's left it out in the rain for over a year with outside body damage.The unit has a wood frame.

Scott Richard Kaufman answered on Apr 9, 2019

Definitely make a complaint with the BAR...

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2 Answers | Asked in Consumer Law, Contracts and Collections for California on

Q: My husband passed in 09 and I just found the paperwork for his flight school he paid $30Th. But had only started

We paid the $30thousand in full, when I sent letters to all our contacts regarding his death. They never contacted me nor did I even remember about it. It wasn’t until my daughter found the paperwork on it in the garage and asked me if I received a partial refund from the helicopter school. I am... Read more »

Scott Richard Kaufman answered on Mar 22, 2019

Yes, but, it may be too late to sue????

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2 Answers | Asked in Consumer Law for California on

Q: My husband passed away in 2009 and he had just started taking helicopter lessons that he paid in full for $30,000.

A friend of mine recently told me I should have received a partial refund. Would I be able to get a partial refund if he only attended a few classes?

Scott Richard Kaufman answered on Mar 19, 2019

It can't hurt to ask. That said you probly waited too long

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1 Answer | Asked in Consumer Law and Small Claims for California on

Q: Can I sue a dealership for clearing trouble codes without actually addressing or repairing any of the issues that set?

Scott Richard Kaufman answered on Mar 17, 2019

Sure, in many ways that can be considered a fraud, especially if they represented to you that they did otherwise, say, "fixed" the problem?

1 Answer | Asked in Consumer Law for California on

Q: My car has been impounded in California by law can they bill me as I do not have the 2,500 they are demanding for relea

Scott Richard Kaufman answered on Mar 13, 2019

Probably. Hard to tell all relevant facts without knowing more, but, assuming a "legal" impound, which you are apparently admitting to, the only ways to avoid more charges are getting it out (the charges add up daily) asap OR allowing them to sell it asap without adding up more daily charges and... Read more »

3 Answers | Asked in Personal Injury and Products Liability for California on

Q: Can you help me find a law firm that is taking cases regarding Dow Chemical & Mentor Breast Implants & Illness. Melanie

Scott Richard Kaufman answered on Mar 13, 2019

Sorry for your issues. Here's my Google on it. Plenty of options there:... Read more »

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2 Answers | Asked in Criminal Law, Consumer Law, Contracts and Civil Rights for California on

Q: I have a unique situation. A year ago today I gave birth to my first child. He lived for two days. I hired an autopsy

The attorney general for Kansas City wouldn't do much with my situation and many others that are victims of this autopsy service company. I would have to look into the medical board for Kansas right. Im not sure how to make my question towards the the two gentleman that responded toy first question.

Scott Richard Kaufman answered on Mar 12, 2019

This is so very sad. I'm sorry for your loss. This does sound like a breach of contract and potentially a fraud. Definitely get in touch with an attorney for an in person sit down to review documents, facts and options.

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4 Answers | Asked in Personal Injury and Products Liability for California on

Q: Under what conditions can a person withdraw their agreement to a settlment if the defendant has not paid in a year?

Mesh I'm a victim up I'm a victim of transvaginal mesh I signed my settlement over a year ago and now I need additional surgery they still have not paid me and I want out of the contract

Scott Richard Kaufman answered on Mar 12, 2019

Depends on the language in the agreement. More likely the thing to do is to "enforce" the agreement. See an attorney in person with documents for more direction...

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1 Answer | Asked in Consumer Law and Real Estate Law for California on

Q: I do not want to attach a sticker to my vehicle to identify my residence.

I own a luxury car. The apartment management company is asking me to attach the stickers needed to manage the access to the vehicle. I do not want to attach a sticker to my vehicle to identify my residence. And I do not want any stickers attached to the vehicle to maintain a clean design. I want to... Read more »

Scott Richard Kaufman answered on Mar 5, 2019

This will depend on what your contract (lease) says. Still, you should be able to come to a reasonable accommodation?

4 Answers | Asked in Car Accidents, Consumer Law and Small Claims for California on

Q: car dealers lied to me, what can I do?

In December 2018 I bought a used 2016 Honda Pilot from a toyota dealership. I wanted to be sure the car was in good condition so I asked numerous times if the car was in an accident. They reassured me it was in perfect condition. I purchased the vehicle and am currently financing it. However, it... Read more »

Scott Richard Kaufman answered on Mar 4, 2019

Sorry for your issues. Used Car Dealers are notorious for lying to folks. Whether you have a case or for how much depends on what you can prove and what your damages are. So, if it is a minor accident, you have a minor case and if it is a HUGE accident, you may have a huge case. The thing to do is... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Consumer Law for California on

Q: So I been living at my house for 17 years since I was 15 the man passed away can they kick me out with no eviction

I have no family he took care of me and payed all my bills I don't know what to do he did everything for me for 17 years

Scott Richard Kaufman answered on Mar 4, 2019

I would think YES they have to "evict" you. That's likely to happen FAST. At 30+ years old, now is as good a time as any to go and grow up and join the adult community out there and experience the outside world! Sorry for your loss. Good luck with you!

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