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Questions Answered by David Humphreys
1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: "Sane" mother refusing all healthcare, what can we do? Will family caregiver be in trouble if something happens to mom?

Mothers already bad health is rapidly declining and she refuses to be taken to any Dr. My sis lives with her and tries to care for her but mom is being extremely difficult and we are afraid my sister will be in legal trouble for not getting her help, if she dies. All of our family has tried every... View More

David Humphreys
David Humphreys
answered on Feb 1, 2020

Hire an elder law attorney for a consultation. Call her doctor and report what is happening. Talk to her and ask her why she doesn’t want to live. Tell her how it makes you feel that she doesn’t want to live.

Get real.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Oklahoma on
Q: Car dealer wont let me return after 2 weeks of issues, says will look like repo and hurt my credit.

Bought car 2 wks ago. Issues since day 3, check engine light came on, returned to shop ON day 3, drove home a week later, 24 hrs later, check engine light again. Didnt drive for a few days, keyfob died and couldnt start car. Frustrated. Talked to shop about returning car, said that the 'return... View More

David Humphreys
David Humphreys
answered on Jan 6, 2020

Google for a consumer lawyer with a free case review and email or call.

Too complicated to answer in the space provided.

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can I vacate a default judgement due to lack of jurisdiction

Default judgment when I did not reside in state was never served but served by publication but did not reside in the state. Judgment never domesticated to my state. Wages garnished

David Humphreys
David Humphreys
answered on Sep 30, 2019

Yes. Assuming that the BK discharge order or injunction were violated.

Hire a layer in the state where the judgement was recorded.

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1 Answer | Asked in Consumer Law for Oklahoma on
Q: What are our options?

Purchased new car. Traded in truck. Positive value after lein was paid off. Checked credit score 4 times each after financing and loan papers were signed. Now late payments on trade in they never paid off. Wanted payment made to dealer not finance company.

David Humphreys
David Humphreys
answered on Sep 8, 2019

Hire a lawyer to take the case on a contingent fee basis.

1 Answer | Asked in Consumer Law for New Mexico on
Q: Possible consumer law issues

I purchased a car from a location with dealer tags and was promised the car was rebuilt and no engine light on but to also be able to be legally registered and emissioned. The day after I bought it the check engine light came on and it was for o2 sensors, causing me not to be able to to emissions... View More

David Humphreys
David Humphreys
answered on Aug 13, 2019

I would hire a New Mexico lawyer. Check out consumer advocates.org to find a lawyer.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Mexico on
Q: I'm being sued by a collections for student loan debt from ITT Tech, over 10 years old. Do I have rights

I tried to get it dismissed because I never finished or obtained a degree and the ending result the loans racked up to around $89,000 theres no way I can afford to pay this back I have 3 kids now and I filed paperwork because I found it tech was still filing loans for me and collecting student aid... View More

David Humphreys
David Humphreys
answered on Jun 29, 2019

You need to know what type of loans were issued and whether they are federally guaranteed. Some student loans even survive bankruptcy.

Gather the original loan papers if you can locate them. Contact a student loan lawyer. A fdcpa attorney can advise you if the debt collector broke debt...
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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on
Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?

I purchased a water softener unit for my house and I recently found out that the finance company placed a lien on my property as soon as the contracts were signed. The payments have been paid regularly and up to date when I found out of the lien on my property. Can this be done without a judgement?

David Humphreys
David Humphreys
answered on Mar 6, 2019

It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.

It is not a judgment lien in all likelihood.

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Q: If I am sued for payday loans, will I be notified to appear so they can’t throw me in jail?
David Humphreys
David Humphreys
answered on Aug 18, 2018

You cannot be thrown in jail for failing to pay a lender. You can be jailed for contempt of a court order. Follow the orders of the court and you won’t go to jail.

You may not have to pay if your income is ssa, ssd, retirement or certain other “exempt” income.

Check with a lawyer or legal aid.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I took out a loan The lady left me a voicemail saying she was issuing a warrant picking me up after work?
David Humphreys
David Humphreys
answered on May 21, 2018

This is predatory and not legal in Oklahoma. Search for and hire a consumer protection lawyer.

1 Answer | Asked in Consumer Law and Small Claims for New Mexico on
Q: I was buying a vehicle from a private party and they wrongfully repossessed am I still responsible for payments?

I was not late making payments.

David Humphreys
David Humphreys
answered on May 20, 2018

No. You really should find a lawyer to sue the seller.

1 Answer | Asked in Banking for Oklahoma on
Q: I have been in a dispute against an prepaid visa company. They took $260 og m y money with no explanation. What can i

Do? They denied my first dispute and gave no explanation then they took 110 off of my most recent direct deposit. I just want my money back with answers. Ive called, emailed, and faxed meta bank and nothing is getting done. Im on a fixed income and cant afford mistakes like this

David Humphreys
David Humphreys
answered on May 9, 2018

Hire a lawyer and sue them under either the EFTA and:or the Fair Billing Act.

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Q: What recourse do I have when an auto mechanic is trying to obtain a Title 42 on my deceased son's car?

My son which is now deceased was employed by the same auto repair shop that is trying to obtain the Title 42 on grounds of abandonment also requesting payment for unauthorized repairs done after my son was killed.

David Humphreys
David Humphreys
answered on Apr 12, 2018

You can file a suit either in small claims court, if the vehicle is worth less than or not more than 10,000. if its worth more you would have to sue in District Court. Im sorry for your loss and wish you the best in your search for justice.

1 Answer | Asked in Banking, Consumer Law and Collections for New Mexico on
Q: A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee.

A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee. They said I would have to pay 9% and I didn’t understand what I would be paying 9% on. I got approved for my loan but do to me calling BBVA Compass and getting approved with my... View More

David Humphreys
David Humphreys
answered on Apr 2, 2018

it does sound like a scam. I understand you never agreed to such a referral fee up front. If this is a consumer loan i would contact the consumer protection unit of the state Attorney Generals Office in Santa Fe.

You have a claim for the tort of unreasonable debt collection if they...
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1 Answer | Asked in Banking and Consumer Law for Oklahoma on
Q: I have a bank my mother helped me get. Her name is on the account. I got a loan she did not cosign can they go after her

I signed for the loan not her, she says because she opened the account they will make her pay it, but this isn't an account were talking about its a loan....I can't afford it I need bankruptcy if I pay them a dime I won't be able to do the bankruptcy cuz I'm broke bad...she... View More

David Humphreys
David Humphreys
answered on Jan 22, 2018

your mom is only liable to the extent she puts any of her money in the account. The bank can definitely drain the joint account to pay down the loan.

1 Answer | Asked in Identity Theft and Small Claims for Georgia on
Q: If you check your credit score and a different name other than yours pop up and two addresses for that person.

What do i do? Can i sue them especially if i know that person.

David Humphreys
David Humphreys
answered on Nov 16, 2017

your problem is likely with the credit reporting agency. You need a consultation with a lawyer who handles cases under the Fair Credit Reporting Act.

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

TransUnion provides a service for organizations to look up information about existing customers. Unfortunately, this service can also be used to look up thousands of random individuals, and some companies may even TransUnion's services to create a cold-calling list. However, the use of this... View More

David Humphreys
David Humphreys
answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights... View More

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on
Q: How can I find out the standards for methadone clinics in New Mexico?

Must a provider be a physician? Must a patient take daily dose on site, or are doses sent home? If I have concerns about a clinic, who do I report my concerns to?

David Humphreys
David Humphreys
answered on Oct 11, 2017

Generally, the New Mexico Department of Health regulates health care facilities.

I did a quick Google search and located the following information:

Rosemary Nowak

New Mexico Behavioral Health Services DivisionPO Box 2348

37 Plaza La Prensa PO Box

Santa Fe,...
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1 Answer | Asked in Identity Theft, Small Claims and Social Security for Missouri on
Q: What can I do if my mother and law used my wife's social security # to open a credit account without permission?

She went over the balance by $100 for a total of $3100 and has stopped paying on it and it showed upon my wife's credit report.

David Humphreys
David Humphreys
answered on Oct 11, 2017

you need to dispute the false credit reporting directly with the credit reporting agencies and the credit card company.

You can go to our law firm website and click on the link Credit Reporting Errors for detailed and specific instructions on what the letter that your wife will need to...
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1 Answer | Asked in Bankruptcy, Consumer Law and Identity Theft for Georgia on
Q: I keep getting harassed by debt collectors over a debt that was not mine and was included in a bankruptcy. Its been 14yr

Debt collectors are still harassing me via phone and letter over a cell phone bill that belonged to my mother. The company that issued the collection claims the account was in my name, however I was just an added line on to my mothers account. I also was a minor when my phone plan was added on to... View More

David Humphreys
David Humphreys
answered on Oct 4, 2017

from the sound of your email you have a very solid case. You need a lawyer to represent you. You should not pay anything. You have claims for invasion of privacy and likely, the Fair Debt Collection Practices Act. Search the internet or contact my office if you'd like.

1 Answer | Asked in Identity Theft and Consumer Law for Massachusetts on
Q: How can I get the bill out of my name without filing a police report

My mother placed a utility bill in my name without my knowledge. The bill is over four grand. I contacted the company as soon as I found out but they said I have to file a police report. I do not want my mother to go to jail and I can not let her find out I am trying to take the bill out of my name... View More

David Humphreys
David Humphreys
answered on Oct 2, 2017

Go to the FTC website, IDTheft.gov and download an ID Theft Affidavit. Present that to the utility company. If they harass you after you fill out the affidavit and provide it to them, get a solid consumer protection law firm to help you.

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