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Nebraska Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for Nebraska on
Q: What can I do about past judgements that date form late 90's to 2016 in the states of Nebraska and Kansas?

These judgements I never knew existed until I applied for an FHA loan. The oldest released in '98 and only has my SS# on it with my brother's name and his wife. Other judgements I can't make heads and tails out of. Would these fall under statute of limitations and how can I remove... View More

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

It depends on what you mean by judgments. Are these court case judgments? If so, you may need to review the court file(s) to see what you could do to challenge them at this time. Are these on your credit report? Sometimes things get improperly reported and you can send in proof to the credit... View More

1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: We bought a used camping trailer and were told everything worked in OCT. 2022. When we got it home it sat till middle

of April. Ref. don"t work on electricity, parts gone from it couldn't have worked at their sales. Says 30 warranty over. They won't help us, what can we do now? The parts that are missing no way it could have worked for them.

Julie Fowler
Julie Fowler
answered on May 9, 2023

If you have a purchase agreement or other contract, you would need to review the terms of your agreement. Unless there is a fraud or another bad act, the Court will generally hold both parties to the terms of the written agreement so reviewing the contract is generally one of the first places to... View More

1 Answer | Asked in Consumer Law and Construction Law for Nebraska on
Q: Contractor replaced siding and gutters on my home as agreed. When I returned home, I found my screen porch gone

Contractor explained workers were at the wrong house. It was a mistake. I’ve given four months of opportunity for them to replace the porch as it was and they stayed there done but the porch is not as it was due. I have to pay them.

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

You would likely need to at least pay them for whatever work they did accomplish minus whatever reasonable damages still remain from what they did when they accidentally removed the porch. You would need to speak with an attorney about the specifics of your case to see if that is your best course... View More

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Nebraska on
Q: I am trying to find the class action law suit filed against a pool builder in Omaha, NE. Where would I find this info?

This would have been filed against Stanger Enterprise DBA Premier Pools which is now located in Valley, NE.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If you want to search for cases that have been filed against a specific party in Nebraska, you can search the Court cases by party name. You can do this online through the case files available on the Nebraska Judicial Branches website. If you want to look at case specific information beyond party... View More

1 Answer | Asked in Consumer Law for Nebraska on
Q: My wife and I bought a car from a used car dealership 3 months ago.

The dealer did not disclose that it had a rebuilt title. We checked the CARFAX and it was a salvage title in Mississippi. The car has been having issues and is currently not operational. The dealer told my wife that the car was never repaired, but when I talked to him today he stated that the car... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

If you purchased a vehicle that you at least knew had a salvage title, you would have known that some major repairs had to have been done on the vehicle in order to make it operational again after a total loss. You will want to review your purchase agreement in detail. If the vehicle was... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Nebraska on
Q: What needs to be met/included in a complaint against a creditor for violating the automatic stay?
Timothy Denison
Timothy Denison
answered on Feb 9, 2022

The creditor and his or her lawyer.

1 Answer | Asked in Bankruptcy and Consumer Law for Nebraska on
Q: The bank closed my account I want to know can I open an account in another bank or no??

Some body told me that want help me financially and just asked me to buy something for her then she will give me 300$. She asked me for login and then did a quick deposit for 3300$, the bank returned the money to her but blocked my account for that reason.

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

You should be able to open an account at another bank.

1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: How long do I have to invoice a consumer for my service?

I was reviewing accounts and realized I never invoiced a consumer for my services. A year has passed since the services, are they still legally bound to pay me?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Depending on the facts, you are still likely within the statute of limitations to collect the debt. Call the customer and explain the mistake. The customer shouldn't expect to get a free service when there was an agreement to pay. You may also need to talk with your tax professional to find... View More

1 Answer | Asked in Consumer Law, Lemon Law and Civil Rights for Nebraska on
Q: got hired to repair deck, now he doesn't want to pay me. he keeps changing and hurrying me to finish. what are my rights
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

One option may be a construction lien. See the Nebraska Construction Lien Act, starting at Neb. Rev. Stat. Section 52-125.

1 Answer | Asked in Consumer Law for Nebraska on
Q: Can something found during an inventory of a car be used to charge someone

My husband was pulled over for no plates. The van was going to be impounded. The sheriff’s started going through van without consent from my husband. My husband told sheriff he didn’t have permission to search the van. The sheriff said it wasn’t a search it was an inventory. They found a... View More

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

Law enforcement is required to inventory when a vehicle is impounded. Any inventory found that is evidence of a crime can generally be used as evidence of that crime. That being said, law enforcement can't just claim they may have to do an inventory in the future when really they are doing a... View More

1 Answer | Asked in Consumer Law and Small Claims for Nebraska on
Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?

It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded... View More

Julie Fowler
Julie Fowler
answered on May 12, 2021

There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.

That being said, it is possible that an item produced in a...
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1 Answer | Asked in Consumer Law for Nebraska on
Q: I bought a car, paid for with a cashiers check. I now have a clear title in Nebraska and have licensed it.

The dealer just contacted me and said they can't cash the check because they gave me the wrong name. What are the ramifications?

Thanks!

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

A court isn't likely to allow you to get a car for free from a dealership. You will likely need to work with the dealership and probably the bank to get this resolved.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Consumer Law and Collections for Nebraska on
Q: Debt collection agency has sent us a notice about a bill we believe is invalid. What can they do if we don't pay?

We've responded by mail, said the debt is invalid, provided more information. What are our rights if they ignore/don't accept what we've sent? Can they sue, put a lien on our house, what?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Nebraska Attorney General's Website has some good information that might be a good place for you to start.

https://protectthegoodlife.nebraska.gov/debt-collection

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Nebraska on
Q: How do I get a literary work copywrite protected independent of an attorney in the state of Nebraska?
Charles Edwin Runyan
Charles Edwin Runyan
answered on Aug 20, 2020

If you are the author of a literary work, the moment the work is finished copyright protection springs into being without any effort on your part. (other than finishing it). You can immediately mark it with the "C" in a circle.

If you go to the copyright office's website,...
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1 Answer | Asked in Consumer Law and Municipal Law for Nebraska on
Q: Can a municipal golf course put age limit on college student membership rates?

I am 32 year old full-time student, and was told I had to be under 25 to receive the college student membership rate. Is that legal? I feel like I meet the criteria and have the same monetary situation as a college student, and don't think my age should be considered.

Thank you for your time.

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2020

It looks like something where they could essentially do what they want in terms of their fees. Those types of discounts - college students, veterans, union members, seniors, etc. are essentially up to the entity to do as it pleases. They implement them out of kindness, good will in the community,... View More

1 Answer | Asked in Consumer Law for Nebraska on
Q: I want to file a claim through PayPal but if I lose can I still sue or will it hurt my case? Should I sue first?

I hired a coder to do some work for me, I paid a lot of money for it. We did the payment through PayPal with a terms of service set up. In those TOS it did state if the project wasn't done by the given amount of time I am entitled to a refund. The coder has ghosted me and I've trier... View More

Julie Fowler
Julie Fowler
answered on Feb 11, 2020

Your question is too specific to be able to give an answer on a general message board like this. The best strategy for a case depends on the overall circumstances of the case.

2 Answers | Asked in Consumer Law, Collections and Small Claims for Nebraska on
Q: How do I recover money paid to a contractor who never finished the job? My elderly uncle prepaid for tree removal.

My uncle is too trustworthy and didn't ask for a receipt. I have several texts from the contractor stating that he'd be over to finish the job and we have my uncle's bank statement showing a large cash withdrawal (which he never does) and of course we still have the tree standing.... View More

James Polack
James Polack
answered on Jan 26, 2020

You might consider Small Claims Court.

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1 Answer | Asked in Consumer Law and Business Law for Nebraska on
Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler
Julie Fowler
answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question... View More

1 Answer | Asked in Collections and Consumer Law for Nebraska on
Q: A hospital did a procedure on me which was subsequently denied by my insurance. Now they are suing me to collect

I'm refusing to pay the bill because the hospital did nothing to help me appeal the case to my insurance company. The original amount was $7k which they reduced to $3k. Is the case worth fighting?

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2019

It could depend on the basis of the denial, provisions of your plan, and other factors. One option here could be to have an attorney who handles medical claims disputes review the file. They should be able to determine the viability and cost-effectiveness of defending the matter, since the second... View More

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