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Questions Answered by Scott Richard Kaufman
2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California on
Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 20, 2024

Maybe?

The CA LL covers consumers and small businesses IF the small biz falls into a certain category,

as does the vehicle. Here, it's not clear the vehicle would qualify OR that the number of vehicles would?

The FED lemon law makes NO distinction between consumers and...
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3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Just found out I was sued 10 years ago for a debt I don't recognize ! What should I do?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 9, 2024

Hard to say for sure.

NOT everyone recalls all of their OLD debts?

Regardless, I will assume they WON the case?

IF it is over 10 years ago, any judgment is unenforceable in CA,

UNLESS they renewed it for another 10 yrs? Maybe that is how

you found out? You...
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2 Answers | Asked in Family Law and Divorce for California on
Q: What should I do if the attorney change the settlement agreement after I signed it?

I made the mistake of using a divorce attorney who is a friend of the family. At least he was supposed to be a friend of the family but he’s done nothing for me except run legal bills. I hired one attorney, and suddenly there are three showing up at court with me All billing. we’re going on... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 9, 2024

I am sorry for your issues.

Something sounds amiss. It may in fact be exactly what you say and it may in fact

be a misunderstanding on someone else's part? Your part even? IF you have

proof of what you signed and you call that to the attention of your attorney and...
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3 Answers | Asked in Employment Law for California on
Q: I previously worked in California, and currently live in Ohio. I was notified 1 year after leaving my position that

I had been overpaid. It has now been 8 years. I had initially set up a payment plan and made some payments however was unable to continue to do so due to unforeseen circumstances. The company recently reached out about continuing to make payments. Is there a statute of limitation on this? Can... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 26, 2024

Depending on multiple factors, multiple things can happen. It is unclear from the jump that you owe them anything, but, since you agreed and you made payments, that's a tough one to defend. WHEN your last payment was can matter re: SOL. Unless you purchased something from them on credit it... View More

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4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 18, 2024

Sorry this happened to you. There are a host of possibilities for counsel including some here who could either take the case or refer it out to the best fit for you. As noted, you may also have some claims you are not even aware of, so talk to one or more attorneys asap, and/or seek... View More

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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: Can a month to month California storage facility increase my rent by 34% after only 3 months renting there?

I have been renting at a month to month facility in California (Riverside county) for 3 months now. I just received a 30 day notice my monthly rent will increase by 34%. There is nothing in my contract that goes over how often or by how much they can increase my rent.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 4, 2024

You've asked:

Can a month to month California storage facility increase my rent by 34% after only 3 months

renting there? Each month, in a month to month, is a new agreement. One SHOULD I suppose give NOTICE that they will raise the amount, likely 30 days (just a guess) but...
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2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 16, 2023

You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my...
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3 Answers | Asked in Consumer Law for California on
Q: My car has been in the repair shop since 6/2021

I bought a 2014 in in 2021 corvette with 43k miles 1 month later the engine broke down the dealer said since i bought it as is he couldnt help me. I towed it to a shop on 6/2021 paid him 9k upfront

On 9/21 he said he needed more money for some other parts i gave him 8k cash. Everytime i... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 4, 2023

The BAR has an enforcement arm as they regulate repair shops. They even regulate unlicensed ones. Get them involved immediately. As a bottom line you should be able to get them to make a report about the rip off which you can use in a court of law if needed.

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2 Answers | Asked in Lemon Law and Contracts for California on
Q: Is it legal to see a car with recalls and not let the buyer know?

I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 13, 2023

Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as... View More

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Business Law for California on
Q: Stolen goods ?

‏I had consignment agreement for a watch with store in los Angeles ( with exactly price of sale )

‏the store sold to different watch dealer

Without my permission and for lower amount of what we agreed and took the money to his pocket.

I want to the police and declare the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 10, 2023

Why do you want the police involved? Is this not just a breach of contract claim? IF it happened to me and I was NOT an attorney I'd hire one to write a demand letter for the $$$ not paid to you. IF that amount is less than $10,000.00 you likely end up in small claims court if no payment is made.

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Notice add ons on my car contract i did not approve dealership does not want to remove them

Payment packing, contract errors, wrong intetest rate, extend your repayment period or raise your monthly payments to pay not only for the vehicle but for add-ons that you didn’t want. I spoke with the salesperson, the finance guy and the manager and they all decline to help

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 9, 2023

Most of those terms especially Payment packing, are used in legal circles only. Your knowing that term tells me you have seen one or more sites that handle this? IF so, that is where you should focus your inquiry, with one or more of those firms who specialize in this area of law. Good luck with... View More

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3 Answers | Asked in Consumer Law for California on
Q: I just sold my car to a company for scrap and I went to went to cash the check but it was no good.

Bank said check wasn’t in the system. Called company and they said I would have to wait a couple of hours for the check to clear. I signed over my ownership of the car shouldn’t funds be immediately available?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 19, 2023

Sorry for your issues. The funds from the company should 'immediately' be good unless you had some other agreement with them. The bank saying the check was not in the system seems concerning. Monitor this closely, as the earlier you catch a fraudster, IF that is what happened here, the... View More

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3 Answers | Asked in Consumer Law for California on
Q: A bill collector is pursuing a car loan I defaulted on twenty years ago. Is this passed the statute of limitations in CA
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 18, 2023

Assuming you are in CA it is almost certainly beyond the SOL. As noted by Attorney Dorfman, it is possible for things via trick or otherwise, to change, including (I hear, not 100% sure) if you agree to pay (or actually pay) some portion of it? Also, it is not about the default on the loan but... View More

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2 Answers | Asked in Consumer Law for California on
Q: Can a charged off loan continue to report late payment every month? It's been 4 years.

Navient Private student loan. The loan was closed (charged off) 4 years ago, but every month they report it late. My score dropped over 100 points when it was charged off and I have been able to increase it a little bit but the monthly late payment report from them continues to hurt me.

I... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 27, 2023

So, charge off means essentially, they are no longer trying to collect or believe they can and then typically, they sell it to someone for pennies on the dollar, who specializes in collecting bad debts like this one. What it does not mean is that you no longer owe the money or that you no longer... View More

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2 Answers | Asked in Consumer Law for California on
Q: If a private seller sells me a car without telling me that the VINs weren't matching can I get my money back?

I bought the car maybe a month ago and it wasn't until I put it up for sale that a previous owner let me know that it had different VINs. This isn't the same one that sold me the car, it's the one prior to the seller that sold me the car. Only one VIN is mismatched and I'm... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 19, 2023

The main reason someone (usually) cares about 'matching VINs' is the car is some type of collectible.

Usually, if one is buying a collectible, one knows to check for this issue. IF the VIN was not misrepresented,

it's more likely to be on the buyer than the seller in...
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3 Answers | Asked in Consumer Law for California on
Q: So definition of a loan is exchange of money from one party to the other. If i never recieved money from auto dealer onl

Y a truck. Then wrecked said truck 3 days later. Can i retrieve the 7k i put down for the truck because it was purchased using my credit?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2023

I do not think you have a loan. I think you have a contract that includes their promise to deliver a car to you and ownership of said car, when the contract is paid off. That is one reason you have insurance, should this event occur. That insures their interest and hopefully yours. Here's... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: I prepaid my phone in order to receive calls from an inmate in county jail

However the network that I prepaid the money to be able to accept the calls implemented a policy later on months after I put the money on my account that in 180 days the money is no longer usable and it expired is that legal in the state of California and the city of Fresno to do that to me just... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2023

The general rule on a gift certificate in CA is 'no, the amount cannot expire.' This does not 'feel' like a gift certificate. THAT said, in most dealings these days with corporations the businesses sneak into the small print a requirement to the consumer to give up your right to... View More

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5 Answers | Asked in Consumer Law and Contracts for California on
Q: Will an unused Life Insurance Policy expire without monetary value? The company says it can't even be surrendered.

The policy is set to expire 3/20/23. It was purchased in 1981 and was never in arrears.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 27, 2023

There were (40 yrs ago when I sold life insurance for a living) two kinds of policies. That's changed I'm sure, over the years, to add some hybrids and more? Anyhow the two basic types of policies WERE

1- Whole Life

2- Term Insurance

No. 1 above would/should...
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3 Answers | Asked in Consumer Law for California on
Q: My 2 year old car no longer works and no warranty,32,000 miles.

I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 30, 2023

You may be in luck. Based on the year of your car and the mileage, there is a very good chance you have a warranty. The bumper to bumper will usually go at least 3 yrs and 36K miles. The powertrain, can often go up to 100K. Get in touch with NISSAN right away...

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More

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