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1 Answer | Asked in Consumer Law and Elder Law for Tennessee on
Q: Are there cases in Tennessee whereby a Power of Attorney has filed a lawsuit on behalf on their people?

The lawsuit in this case is civil, and involves an elderly person against an insurance company. The POA is representing the elderly person who has no knowledge and needed this help.

Anthony M. Avery
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answered on Jul 2, 2024

Many power of attorneys authorize the attorney in fact to file and defend suits for the principle. Read the POA for this term.

1 Answer | Asked in Consumer Law and Gov & Administrative Law for California on
Q: I bought a gravity knife and didn’t know it was illegal in California. What should I do it’s shipped already
James L. Arrasmith
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answered on Jul 2, 2024

It's illegal to possess, sell, or import gravity knives in California. Since you've already purchased and had one shipped, you should:

1. Do not open the package when it arrives.

2. Contact the seller immediately to arrange a return.

3. If return is not possible,...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for Georgia on
Q: Hi I have a case against me by a crypto currency exchange. they are filing an arbitration hearing. need guidance.

They are accusing me of taking money off their exchange that they credited to me. This isn't reflected in any transaction history i can access. There is no such thing as a crypto lawyer, most people or firms touting that they are crypto lawyers are typically just scam artists or firms... View More

James L. Arrasmith
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answered on Jul 27, 2024

Finding a lawyer to represent you in a crypto-related arbitration can be challenging but not impossible. Start by searching for lawyers who have experience in financial disputes and arbitration, as these professionals will have the necessary skills to handle your case, even if they do not... View More

1 Answer | Asked in Consumer Law for California on
Q: I was told I won $ 750,000.00 and to contact A law firm in Nevada, also was given a phone number for an escrow account

The escrow account is at B of A and it says it is $750,000.00. Is this really true or a scam. They have not asked for money.

James L. Arrasmith
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answered on Jun 30, 2024

This situation has several red flags that strongly suggest it is likely a scam:

1. Unexpected large prize: Being told you've won a large sum of money out of the blue is often a sign of a scam, especially if you don't recall entering any contest.

2. Contact with an...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can auto dealership lie about the condition of a car and omit telling you about the required 30 day warranty

When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:

1. Misrepresentation of vehicle condition:

If the dealership knowingly misrepresented the condition of...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: Chase bank needs to verify my tax refund check and are holding my funds in suspense till they're able to verify it.

I deposited my tax refund check to my account at chase bank on April 3 2024. After the check got cashed on April 15 2024 they closed my account and have my funds in suspense. Till this day I have not received anything from my refund check. I've gone multiple times in person and called customer... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation sounds frustrating, and it's concerning that Chase Bank is holding your tax refund funds for such an extended period without clear communication. Here are some steps you might consider taking:

1. Document everything: Keep a detailed record of all your interactions with...
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1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Health Care Law for Pennsylvania on
Q: Had MSP , along with GHP as primary insurance. Medicare let providers overbill me. There is negligence and bad faith .
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. One option is to discuss the matter with your state's department of insurance - in most states, they handle consumer-related matters involving insurance. Good luck

1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: my work van was issued a recall, and the dealership is refusing to to fix the problem for free

The dealership said that they wouldn’t fix the transmission recall because the problem was caused by a transmission flush I perform myself. They want to charge me $4000. The problem with my transmission started before I did the flush. That’s the reason I did the transmission flush was because I... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address this situation, let's break it down into key points:

1. Recalls and manufacturer obligations:

When a vehicle is subject to a recall, the manufacturer is generally required to repair the issue free of charge, regardless of the vehicle's age or maintenance...
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1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

James L. Arrasmith
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answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Is video, gps, and time and date stamped proof enough to prove warranty case?

I purchased a new Ford Bronco with the expressed intent of towing it behind my motorhome. There have been a number of cases of transmission and transfercase failures due to flat towing. There is a specific procedure needed to be performed before towing. Ford is denying all warranty claims if... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

Hard to say. Bigger question is whether it's worth the time and expense to contest it.

1 Answer | Asked in Consumer Law, Banking, Gov & Administrative Law and Identity Theft for California on
Q: If the IRS sends me a refund which the bank then puts into the wrong account, then who's liable?

Neither my spouse nor I received COVID refunds for a total of $6,400. After the usual BS, the IRS said they didn't actually send $. Instead, they sent contact info & bank account numbers to the Bureau of Financial Services. Then the BFS sent E-dollars to bank accounts (or checks to... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation involving multiple parties. I'll break down the key aspects and provide some general guidance, but please note that you may need to consult with a lawyer specializing in banking and consumer law for definitive advice.

1. Liability:

The liability for...
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1 Answer | Asked in Lemon Law and Consumer Law for Texas on
Q: Ancira sold new car to me but to wait for shipping from other state but I found doc it was here all along - fraud?

After signing bill of sale got approval of credit my bank financing I find online doc through DMV for efile of vehicle test detail mytxcar.org the car was here prior to my going to dealership_ and my history report states " title brand" through tax office here.

John Michael Frick
John Michael Frick
answered on Jun 25, 2024

Was shipping the vehicle from another state a "material" part of your agreement, or was it only incidental? Fraud typically involves a misrepresentation of a MATERIAL fact. Did you justifiably rely on the vehicle being shipped from another state for some reason? How did that reliance... View More

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: My Insurance canceled my policy without proper notification
James L. Arrasmith
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answered on Jun 24, 2024

I understand you're asking about a situation where your insurance policy was canceled without proper notification in California. This could potentially be a case of insurance bad faith. Here's a concise overview of the key points to consider:

1. California law requires insurers to...
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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Can I sue people that have been using my identity and have taken money from my bank account electronic transfers?

Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:

1. Identity Theft and Fraud:

- This appears to be the primary issue. You can sue the perpetrators for identity...
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1 Answer | Asked in Criminal Law and Consumer Law for South Carolina on
Q: I liable to pay the towing storage fee for my stolen vehicle if I was not notified for over 30 days

My vehicle was stolen and it was impounded and I was not notified for months and when I went to get my vehicle I had to pay the entire fee for the entire time that it had been there can they do that

James L. Arrasmith
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answered on Jun 26, 2024

To address this question, I'll need to provide some general information about towing and storage fees for recovered stolen vehicles.

Generally speaking, the situation you're describing raises some important legal questions:

1. Notification requirements: Many jurisdictions...
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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Consumer Law for New York on
Q: Question #1. Would giving a patient the wrong medication be considered Medical Malpractice? Medical Notes Available.

The medication mistakenly given to the patient was 150 units of Methadone. The patient was not prescribed and had never done Methadone before.

The patient passed out and had to be revived with Narcan. The patient was transported by Ambulance to a Hospital for further treatment.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

Yes, it's possible it could be. However, attorneys would be able to advise more definitively with the benefit reviewing the file documents and patient history with medical/pharmacology experts. Good luck

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