Consumer Law Questions & Answers

Q: Can I be liable for future payments on a car

1 Answer | Asked in Consumer Law, Family Law, Libel & Slander and Small Claims for California on
Answered on May 27, 2017

If everything you say is true and correct, then the answer is that you are not and were never responsible to make payments on that car.
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Q: Cardealer wrote wrong make model and vin number on sale contract, now they want to change it because other car is more $

1 Answer | Asked in Banking, Business Law, Contracts and Consumer Law for New Jersey on
Answered on May 27, 2017

No you can't demand the better car it was a mistake and the you have no right to it.
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Q: What are the rules concerning cancelling a non month-to-month copier maintenance contract in California? Thank you!

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Answered on May 26, 2017

What does the contract say? That is key. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: I purchased a house and it was not disclosed that I was supplying power to a neighbor. I would like to be reimbursed.

3 Answers | Asked in Consumer Law, Small Claims and Real Estate Law for California on
Answered on May 25, 2017

You have potential grounds for lawsuits against the seller and your neighbor. While the amount may be within the limit for small claims court, there are reasons for and against filing there for this case. For example, there is no right to "discovery" in small claims, and you do not know all the facts you need for trial. Also, there may be potential punitive damages available for fraud. On the other hand, small claims is inexpensive if you will be representing yourself, and you may be able...
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Q: If a mechanic broke other parts during service of a wheel bearing, am I required to pay? I live in NY.

1 Answer | Asked in Consumer Law for New York on
Answered on May 24, 2017

He'd typically be liable to pay for the damage. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: I purchased a shower surround wall and base from a local Lowes store in 2015. It is leaking in two cracked places.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Answered on May 24, 2017

Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty?

If the cracks or because of misuse by the consumer, you may not have any recourse.

If the cracks are due to a defect in the product, you then need to look at the product warranty. The warranty should state the period of time it is good for and what is covered....
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Q: How do I retrieve a vehicle from a mechanic that will not return calls and was prepaid 6 months ago?

1 Answer | Asked in Civil Litigation and Consumer Law for Tennessee on
Answered on May 24, 2017

File a lawsuit- in Tennessee, you can do this in "General Sessions Court" the court clerk may have a form you can use- it would be called something similar to " action to recover personal property" or if they don't have that form, use a "civil warrant" and just describe what you want ( identify the vehicle, make, model, year etc). There will be a fee to be paid at the clerk office when you file and you will need the address of the mechanic so the sheriff can deliver the court papers to him. if...
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Q: How do I find legal advice regarding car shop negligence?

1 Answer | Asked in Consumer Law for Pennsylvania on
Answered on May 23, 2017

You have to show what went wrong, what it costs to remedy it, and have a mechanic willing to say that the other shop did it.Then send a request for payment of the repair costs, then go to small claims.
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Q: Can my vehicle be taken by credit card company due to default judgement against me?

1 Answer | Asked in Consumer Law and Collections for Arkansas on
Answered on May 23, 2017

You can claim some of your property as exempt from judgment creditors. If your property is does not fall with the judgment creditor exemption, then you may want to file bankruptcy to protect it. In either case, you may want to talk to a lawyer about your situation.
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Q: What can I do if a mechanic tampers with the dash cams in my vehicle?

1 Answer | Asked in Car Accidents and Consumer Law for South Carolina on
Answered on May 23, 2017

Did he damage them? If not just don't go there again.
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Q: Is my 1987 car be too old to be considered under the NY state Used car lemon laws?

1 Answer | Asked in Consumer Law for New York on
Answered on May 23, 2017

The advice you got was correct. A 30 year old car is not covered.
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Q: How do I break my lease in California?

1 Answer | Asked in Contracts, Consumer Law and Landlord - Tenant for California on
Answered on May 23, 2017

The landlord might be in breach if you can prove that the break-in was done by neighbors and the landlord doesn't evict them. You can report crimes to the police as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
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Q: i have a hospital bill from 09 that hasn't been paid on or brought up since may 13, Is there a statue of limitations?

1 Answer | Asked in Collections and Consumer Law for California on
Answered on May 22, 2017

If you have not paid on that bill for more than four years, you should not respond at all. Count back to the last time you made a payment on that account. If it is more than four years from today's date, then the statute of limitations to collect on a debt based on a contract has expired and it can no longer be collected. Many debt collectors try to trick debtors into re-opening an old account by asking you to make a payment or enter into a payment plan. Don't fall into that trap. If it has...
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Q: my question concerns embezzlement of a contract in which I was a joint tenet with my now deceased brother...

1 Answer | Asked in Criminal Law, Consumer Law, Identity Theft and Securities Law for California on
Answered on May 22, 2017

You may be able to sue for the forgery and fraud, and you can report crimes to the police and the attorney general. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: how do i drop a tpo with stipulations added to it to drop it

1 Answer | Asked in Consumer Law, Family Law and Domestic Violence for Georgia on
Answered on May 21, 2017

You cannot drop a TPO and then add any stipulations. Any stipulations have to be contained within a court order. If you dismiss the case, no stipulations will exist. If you have filed for divorce, you can ask the divorce judge to enter a parenting plan that has the stipulations you want, but you should not dismiss the TPO until and unless that happens.
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Q: Do I have to pay back an illegal payday loan from a Native American reservation in New Jersey

1 Answer | Asked in Consumer Law and Native American Law for New Jersey on
Answered on May 20, 2017

No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck
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Q: if a person executes a note and trust deed in favor of a non-existent company styled a a "lender", is that fraud?

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Oregon on
Answered on May 20, 2017

This doesn't make sense. If party "A" gave money to party "B" in exchange for a promisory note there is a secured transaction. If you are saying that the documents listed party "A" as a New York Corporation that didn't exist, the fact remains that there were two parties with the intent to do a loan and have it secured. If you are looking for an excuse that party "B" can use to take the money and not pay it back, is not going to happen. The law doesn't support people taking money and not...
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Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Colorado on
Answered on May 18, 2017

Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
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Q: I have a startup, involves catering food from third parties, can the origin of the food be kept as a trade secret ?

1 Answer | Asked in Consumer Law, Business Law and Intellectual Property for Illinois on
Answered on May 18, 2017

It is unclear what you mean by "origin" of the food. The real question is what are you trying to protect? A recipe? The identity of your wholesalers/sources?

There is a whole host of regulatory issues regarding sale of food and beverages, and they will certainly determine how much you can keep secret. For example, the Coca-Cola recipe is a trade secret, but the company must still tell you things about what is in the product, as required by federal law.

It also depends on how...
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Q: Our 4 year land contract expired in December. We are still working on getting a mortgage but seller wants to list home.

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Answered on May 18, 2017

No recourse available. You are only a renter and have paid nothing down, only monthly rentals. If you stay there the owner will have to issue a detainer warrant against you, but you might defend under the statute of limitations. Few General Sessions Judges will give credibility to the detainer SOL, but with a good attorney you may be able to force the owner into filing an expensive ejectment action. The owner will not want to do that and will not know what I am talking about.
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