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Questions Answered by Scott Richard Kaufman
2 Answers | Asked in Consumer Law for California on
Q: Purchased three tickets. Need to cancel one. Is this possible?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 7, 2023

The best way to find the answer to this is to talk to the folks you bought the tickets from and/or to read the tickets and the fine print.

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3 Answers | Asked in Consumer Law and Collections for California on
Q: I'm in L.A County. I wish to sue for fraud/extortion in Orange Co. Can I file the complaint my county, or Orange Co.?

I just need to know, if I'm in Los Angeles County and the Defendant is in Orange County, can I file in L.A or do I need to travel and file in the local court in Orange County.

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 31, 2023

When it comes to the law, generally, the answer to many questions is "maybe."

In response to your question, the same is true. You may wish to search the

internet for statutes in California that govern venue. Good luck with it.

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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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5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... View More

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

You have three very good responses. I'd note, it is HIGHLY unusual for an atty to just call you, instead, they will normally just sue you. I think you could have a nice unfair debt collection practices (FDCPA) case IF the facts as stated are true, which I doubt....

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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 Civil Rights and Municipal Law for California on
Q: Can I sleep in my car with a car cover over it in California if im homeless ??
Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 21, 2023

Maybe? It may be tough to get out though?

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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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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a customer take me to court and unwind deal if i am trying to work with him on repairs for a 50/50 dealer warranty

Customer purchased a used car from me with 145,067 miles on 12/21/2022 we gave him 50/50 dealer warranty on engine or transmission for 30 days or 1k miles whichever occurs first he agreed and signed, 3 weeks later customer was complaining about vibration after he changed tires on car, he took car... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2023

You asked if customer can sue, he can.

You then went on to essentially argue your case.

No one can tell you if you will win or not.

You should, since you are in a highly regulated business,

consult with your business attorney right away, to make

sure if you...
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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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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Was I fraudulently overcharged at vehicle dealership for mandatory add-ons in CA?

I bought a brand new Tacoma in October of 2021. I expected to pay over MSRP due to the chip shortages and was okay with that. They did not have any at the dealership, so when I got there, the dealer looked online and found 3 available colors. I chose the one I liked and he printed out the ad with... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 23, 2023

IF they markup the truck, they have to add a new window sticker clearly noting "dealer markup" to get away with it.

That said, it is likely EASY for them to 'create' one even now, many months later, so, tough uphill battle. As for 'other' things added, they MUST itemize. See your contract...

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2 Answers | Asked in Consumer Law, Business Law and Civil Litigation for California on
Q: I'm a disabled Iraq War Veteran with mobilehome. Being harassed by woman employee named Sara at a RV Storage Facility.

I have a 44 ft. (long) mobilehome at storage facility for approx. 5 yrs. Being harassed by a woman employee, Sara. I was never received written notice of increase storage fees. First time told of increase was over the telephone when I had called about something else. She demanded I move my... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 22, 2023

Sorry for your issues and thank you for your service. You've said:

I have a 44 ft. (long) mobilehome at storage facility for approx. 5 yrs. Being harassed by a woman employee, Sara. I was never received written notice of increase storage fees.

>>> There are, I'm...
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2 Answers | Asked in Consumer Law, Traffic Tickets and Gov & Administrative Law for California on
Q: How can I obtain information regarding the last known owner of a vehicle from Mississippi State? I bought from tow yard

I bought from auction at a tow yard that never transfered it into their name... Now after all due diligence I still can't be assisted by either State's DMVs.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 21, 2023

In CA, talk to the DMV, they should have remedies, if you provide the proper proof. Also, the auction house should help somewhat...

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2 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

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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 and Lemon Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

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

If there is a warranty the lemon law should cover it.

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3 Answers | 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... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 26, 2023

Ya, that sounds like a big no no. I'd ask, once more, in writing. Give the atty a week to respond. Do NOT threaten any complaint but go straight to the bar if the week goes by without response...

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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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