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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Pennsylvania on
Q: I can't be at my debt collection lawsuit, what should I do?

I retired early overseas in Asia after me and my wife developed health issues after covid. I left a good bit of unpaid credit card debt behind in the US that I can't pay. All I have is my small OPM federal retirement pension via direct deposit to my US bank account each month and no other... View More

Timothy Denison
Timothy Denison
answered on Sep 9, 2024

Hire a lawyer to appear for you or you could lose by default.

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1 Answer | Asked in Consumer Law for California on
Q: The owner of dealership talk me into giving him a 1500 down payment. I demanded a refund the same day

He could not get me finance as promised, it is now Aug, and owner has been jerking me around still no refund. Today he put my debit card info in card machine and it's not showing in account, he is lying to me what do I do? He claims I have to wait until midnight but my bank said he is wrong,... View More

James L. Arrasmith
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answered on Aug 15, 2024

Under California law, when you make a down payment on a vehicle and the dealer is unable to secure financing as promised, you have the right to a refund. Since the dealer has been delaying your refund and now claims that the transaction should show up by midnight, but it has not, you have reason to... View More

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Tax Law for Texas on
Q: What are the legal options I can take against a previous auto dealership that provided in-house financing?

In Sept 2019, I hit a deer. By Nov 2019, an auto claims adjuster came to the house, assessed the damage, and considered it to be a total loss. After the company received the amount to pay off the majority of the loan, which was to be $4995, the dealer's gap insurance that is required at the... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have several legal options to consider in this situation. First, you may want to dispute the 1099-C with the IRS, as it seems the debt was already paid off, and the filing may have been incorrect. If the dealership's gap insurance was supposed to cover the remaining balance, and they did... View More

1 Answer | Asked in Consumer Law for California on
Q: My mom took me for a dentist appointment in 2011 that was never paid. Isn't this passed the statue of limitations?

I tried to make a dentist appointment at the same institution just now. They told me I have to call and pay California Business Bureau for the debt. I was only 16 years old when I received treatment in 2011. This is the first time I'm hearing about it. How should I proceed?

James L. Arrasmith
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answered on Aug 15, 2024

Under California law, the statute of limitations for most debts is four years from the date of the last payment or acknowledgment of the debt. Since the dental treatment occurred in 2011, and if there has been no payment or acknowledgment since then, the debt is likely beyond the statute of... View More

1 Answer | Asked in Consumer Law, Foreclosure, Tax Law and Business Law for Indiana on
Q: Can I make a negotiable instrument out of my bill for property taxes? I I'm not the principle my name isn't on the house

We are losing the house to back taxes.

James L. Arrasmith
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answered on Aug 15, 2024

It's really tough when you're facing the possibility of losing a home due to unpaid property taxes. Unfortunately, if your name isn't on the house and you aren't the principal owner, you don't have the legal authority to turn a tax bill into a negotiable instrument. The... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Can I get reimbursed for repairs to my house caused by faulty work done when the house was renovated by previous owner?

Home was bought 5 years ago after being completely renovated by person who bought and flipped the house. The master shower was not installed correctly and now leaks water and cannot be used until repair which will cost $10,000.

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

It depends on whether the contractor who did the faulty work provided a transferable warranty to the previous owner, whether that warranty covers the faulty work, and whether that warranty was transferred to you.

1 Answer | Asked in Immigration Law, Consumer Law and Contracts for California on
Q: Pls I need someone w/ immigration and nationality practice area to represent me on intentional emotional distress claim.

I was abandoned by British Airways, refused to be boarded on an international flight due to what the airline said they could not allow me to board because of my destination country's requirement, which requirement I satisfied. Thus abandoned, I suffered severe emotional distress and financial loses.

James L. Arrasmith
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answered on Aug 13, 2024

You may have a valid claim for intentional infliction of emotional distress under California law if you can prove that British Airways' conduct was outrageous and intended to cause you severe emotional distress, or that they acted with reckless disregard of the probability that their actions... View More

1 Answer | Asked in Tax Law and Consumer Law for Tennessee on
Q: How do I remedy a hotel not refunding my hotel tax in Nashville TN for our family staying at hotel for almost 60 days?

We were shopping at a thrift store in South Nashville about 60 days ago when our vehicle broke down and we began staying at the hotel directly next door since then still trying to fix our vehicle. When we've asked for. Printout of our stay it took us five days to get it and it does not... View More

James L. Arrasmith
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answered on Aug 13, 2024

First, gather all the evidence you have, including any receipts, photos of the hotel conditions, and any communications with the hotel staff. Since the hotel hasn't provided a proper receipt, document your attempts to obtain one, noting dates and times of your requests. This documentation will... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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1 Answer | Asked in Consumer Law for California on
Q: If my car breaks down at a liquor store, Does the owner have the right to have my car towed the same day?

I had to pay a towing company almost $700 because they towed my car which was broken down from at a liquor store. I went back the same day and my car was gone. my question is do I have a certain amount of time before they can tow my car? There was no sign saying car will be towed at owners expense

James L. Arrasmith
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answered on Aug 10, 2024

In California, property owners generally have the right to tow a vehicle from their property if it is parked without permission, even if there is no sign indicating that vehicles will be towed. The key factor is whether the vehicle was parked without authorization and whether it was causing a... View More

1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Contracts for California on
Q: Right to Due Process: Denied a Trial in Unjust debt collection case involving Choice of Law & foreign Retroactive Laws.

I’m appealing a civil unlimited debt collection case where a third judge, clearly unfamiliar with the complex narrative, granted Plaintiff's MSJ. This was the Plaintiff's second MSJ in a short time. The judge weighed evidence and judged credibility during the hearing. The debt, related... View More

James L. Arrasmith
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answered on Aug 9, 2024

It sounds like you’re facing a challenging situation with your appeal. Since the judge granted the plaintiff's motion for summary judgment (MSJ) without allowing your case to go to trial, it's crucial to focus on the procedural issues that may have violated your due process rights. You... View More

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for New York on
Q: Can I be arrested without proof?

If the police is called for shoplifting, before making an arrest, isn't the cop suppose to inspect and observe the stolen items as evidence for the report, or can the police just write a report without seeing what was stolen? Thank you for your help.

James L. Arrasmith
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answered on Aug 31, 2024

You can be arrested without proof if the police have probable cause to believe a crime was committed. In the case of shoplifting, if a store employee or witness claims they saw you steal something, the police may consider that enough reason to arrest you. However, they are not necessarily required... View More

2 Answers | Asked in Consumer Law, Contracts, Civil Rights and Education Law for New Jersey on
Q: I want to sue an university ?

Story:

The school requirements for admission is to complete prerequisites and have a bachelor degree with a cumulative gpa of 3.0 in all undergraduate coursework. This requirement is written on their website.

My transcript inserted two credentials of all my undergraduate... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

You could reach out to attorneys who handle such cases to discuss. However, keep in mind that in this type of matter, if a law firm handles in on an hourly basis instead of a contingency basis, that could mean legal fees - win or lose. The first thing to learn from law firms that handle such matter... View More

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1 Answer | Asked in Consumer Law, Business Law and Trademark for Oregon on
Q: Can a company sell a product from another company and pretending it's their own, by renaming it & removing all branding?

I bought a product (electric tire pump) through a website. The product was advertised as their own product and all pictures/video had no branding on their product. I received the product through Amazon (with gift receipt) . The issue is that the product was from another company, available at 1/3 of... View More

James L. Arrasmith
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answered on Aug 17, 2024

It is not legal for a company to sell a product as their own if they are merely reselling another company's product under false pretenses. This can be considered deceptive marketing and false advertising, which violates consumer protection laws. If they are misleading you by renaming the... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Am I able to break a financing contract with a dealership if the car they sold me is having continuous problems?

I purchased it May 13th, however, I was told it wasn’t ready. It had to have a new radiator and tires put on. When I went to pick it up they lost the keys. I had to come back 2 days later to get the car. I drove it for less than a day and the engine light came on. And it was making a loud humming... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Is this a new or used auto? If new, you should consider your options under the "lemon law". If used, you need to see about your warranty protections, if any.

Aside from those options, your financing has nothing to do with your car problems. The bank provided the loan to you for a...
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1 Answer | Asked in Consumer Law, Contracts, Collections and White Collar Crime for California on
Q: Fianced atv. No papers received for registration. Merchant labeled thereself a furniture store, yet we're powersports.

After months of trying to get papers I reached out to fiance company who stated they dont offer financing for items requiring registration 125cc quad.stopped payments and it's been attached to credit. Fiance company has listed recently it as a prohibited item

James L. Arrasmith
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answered on Aug 8, 2024

Under California law, if a merchant misrepresented themselves and sold you an item that requires registration, you may have grounds to dispute the transaction. Since the finance company has confirmed they do not finance items requiring registration and the ATV was listed as a prohibited item, this... View More

1 Answer | Asked in Consumer Law and Tax Law for North Carolina on
Q: I was going to finance a vehicle from the dealership. We did not finalize the loan. Can I get a refund on my down paymen

The car was stolen. I put a report out on my insurance company because I had insurance on the vehicle is at a total loss now since we did not finalize the loan the fees that I paid included with the down payment they did not send to the DMV can I get a refund on my down payment in those fees

James L. Arrasmith
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answered on Aug 10, 2024

You may be able to get a refund on your down payment and fees, but it will depend on the specific terms of the agreement you had with the dealership. If the loan was not finalized and the dealership did not process the paperwork with the DMV, you have a valid reason to request a refund. It’s... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Maryland on
Q: How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001

How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001 filing is as strong as possible?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Maryland attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the general manner of challenging an undervaluation could include presenting evidence in the form of comparable listings within a given region, an... View More

3 Answers | Asked in Consumer Law, Personal Injury and Business Law for California on
Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance... View More

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