Consumer Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Consumer Law Questions & Answers
Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Foreclosure and Real Estate Law
for
Indiana
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Timothy Denison's answer
You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.
You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.
Q: What should I do about this situation?
William John Light's answer
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.
Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.
Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...
Q: My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed
1 Answer
| Asked
in
Consumer Law, Contracts, Foreclosure and Real Estate Law
for
New Jersey
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Leonard R. Boyer's answer
You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.
You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Small Claims
for
Virginia
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
Q: Question regarding business taxes, amount possibly owed, student loans, garnishment and payment plans
Trent Harris' answer
Estimates without documentation are not good enough for the IRS. You need to work with a tax accountant or CPA to reconstruct some sort of paper trail for your expenses. Otherwise, your eligibility for a student loan is going to be the least of your problems. If the IRS denies your deductions for your business expenses, you are going to end up owing tax on the entire amount of the income, and you will owe the IRS a ton of money you don’t have. Contact a CPA or tax accountant to help get you...
Estimates without documentation are not good enough for the IRS. You need to work with a tax accountant or CPA to reconstruct some sort of paper trail for your expenses. Otherwise, your eligibility for a student loan is going to be the least of your problems. If the IRS denies your deductions for your business expenses, you are going to end up owing tax on the entire amount of the income, and you will owe the IRS a ton of money you don’t have. Contact a CPA or tax accountant to help get you...
Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Real Estate Law and Elder Law
for
Florida
on
Answered on Dec 12, 2018
Answered on Dec 12, 2018
Charles M. Baron's answer
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Q: Sue the creditors/credit bureau
Ronald J. Eisenberg's answer
Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.
Contact a local attorney. Some attorneys undertake these type of cases on a contingency (percentage) basis.
Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?
1 Answer
| Asked
in
Consumer Law, Contracts, Criminal Law and Small Claims
for
Maryland
on
Answered on Dec 7, 2018
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.
Q: Arbitration hearing or Judgement Issue?
1 Answer
| Asked
in
Consumer Law, Contracts, Business Law and Collections
for
Pennsylvania
on
Answered on Dec 7, 2018
Answered on Dec 7, 2018
Cary B. Hall's answer
The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?
Best of luck to you.
The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?
Best of luck to you.
Q: Is it legal for a Cal. attorney to perform a background check on me pulling my credit report and SSN without my consent?
William John Light's answer
Get a copy of the report that is being circulated. The credit reporting agency should be identified. Get your own Annual Credit Report from that agency. It will include an inquiries section to identify all persons or entities that requested and obtained your credit report. From your description, it does not sound like the law firm was authorized to request your credit report. The Fair Credit Reporting Act allows production of a credit report for a variety of reasons, most applicable to...
Get a copy of the report that is being circulated. The credit reporting agency should be identified. Get your own Annual Credit Report from that agency. It will include an inquiries section to identify all persons or entities that requested and obtained your credit report. From your description, it does not sound like the law firm was authorized to request your credit report. The Fair Credit Reporting Act allows production of a credit report for a variety of reasons, most applicable to...
Q: I am been scammed into a parent plus student loan scam.
Terrence M. Nolan's answer
Do you have a copy of what form you signed? The servicing company will provide a copy if you ask. Once you get it and read it, is it a Plus loan guaranty form? Is it your signature on it? Can you read and write the English language? Did you read the form before you signed it? Did you have the opportunity to read it, even if you did not choose to read it at that time. Did someone put a gun to your head and tell you, "Either your signature or your brains are going to be on that contract in...
Do you have a copy of what form you signed? The servicing company will provide a copy if you ask. Once you get it and read it, is it a Plus loan guaranty form? Is it your signature on it? Can you read and write the English language? Did you read the form before you signed it? Did you have the opportunity to read it, even if you did not choose to read it at that time. Did someone put a gun to your head and tell you, "Either your signature or your brains are going to be on that contract in...
Q: On a affidavit of consideration for use by seller and deed, does it also transfer the ownership and mortgage?
Leonard R. Boyer's answer
No it does not. You cannot transfer a mortgage. You really need to retain an experienced mortgage foreclosure defense attorney, because if you don't know what you are doing, you will trigger the mortgages due on sale clause. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
No it does not. You cannot transfer a mortgage. You really need to retain an experienced mortgage foreclosure defense attorney, because if you don't know what you are doing, you will trigger the mortgages due on sale clause. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: What am I legally allowed to know about a car purchased in a private sale?
Alexander Florian Steciuch's answer
You can know everything there is to know about the car. What I think you mean to ask is if there are any necessary disclosures that the seller must make and that answer is none. A seller can sell a car 'as is' and make no representations or warranties about the state of the vehicle.
As a rule of thumb, if you are purchasing a vehicle from an individual or any seller really, get everything in writing, get any representations or warranties in writing, have your own mechanic inspect the...
You can know everything there is to know about the car. What I think you mean to ask is if there are any necessary disclosures that the seller must make and that answer is none. A seller can sell a car 'as is' and make no representations or warranties about the state of the vehicle.
As a rule of thumb, if you are purchasing a vehicle from an individual or any seller really, get everything in writing, get any representations or warranties in writing, have your own mechanic inspect the...
Q: Can I sue a major hotel chain for damages i did not do but was still charged for?
2 Answers
| Asked
in
Consumer Law, Civil Litigation, Civil Rights and Libel & Slander
for
California
on
Answered on Dec 2, 2018
Answered on Dec 2, 2018
Q: Can a law firm be sued?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Foreclosure and Landlord - Tenant
for
District of Columbia
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Andrellos Mitchell's answer
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.
Q: I had my RV repaired and than placed on consignment with a company known as America Choice RV. This company was later by
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Contracts and Mergers & Acquisitions
for
Florida
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Griffin Klema's answer
You probably have some legal recourse, though practically speaking, if it was insured, consider filing a claim with your carrier to recover for your loss. Otherwise I suggest you speak with a lawyer about the possibility of a lawsuit against Campers World and/or its predecessor in interest America Choice RV. Good luck.
You probably have some legal recourse, though practically speaking, if it was insured, consider filing a claim with your carrier to recover for your loss. Otherwise I suggest you speak with a lawyer about the possibility of a lawsuit against Campers World and/or its predecessor in interest America Choice RV. Good luck.
Q: How can I file a suit against a Mortgage Co for overpayment and would I need a Lawyer to do so?
1 Answer
| Asked
in
Consumer Law, Real Estate Law and Banking
for
Missouri
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Ronald J. Eisenberg's answer
Your question is not one that can be meaningfully answered in a couple of sentences. It's like asking, "How do I build a house?" or "How do I perform an appendectomy?"
The short answer to your question is that you file a petition in an appropriate court asserting a proper cause of action, assuming you haven't entered into a binding arbitration agreement covering your situation. But that answer doesn't do you much good.
While you have the right to file a lawsuit without an...
Your question is not one that can be meaningfully answered in a couple of sentences. It's like asking, "How do I build a house?" or "How do I perform an appendectomy?"
The short answer to your question is that you file a petition in an appropriate court asserting a proper cause of action, assuming you haven't entered into a binding arbitration agreement covering your situation. But that answer doesn't do you much good.
While you have the right to file a lawsuit without an...
Q: Can I legally ask the bank to revoke my co-signing on a vehicle my now ex has? Loan is current
Terrence H Thorgaard's answer
What you heard was wrong. The bank was not a party to your divorce, and is not bound by anything in the divorce decree, nor does the decree modify the effects of your decision to co-sign the loan.
What you heard was wrong. The bank was not a party to your divorce, and is not bound by anything in the divorce decree, nor does the decree modify the effects of your decision to co-sign the loan.
Q: Is it ok to keep the package that is mailed to my address but not my name as recipient.
Alexander Florian Steciuch's answer
You do not get to keep packages sent to your address if you are not the intended recipient. Return to sender or you could be committing a crime.
You do not get to keep packages sent to your address if you are not the intended recipient. Return to sender or you could be committing a crime.
Q: I am being sued by LVNV funding. I have no idea who they are or what it is for.
Ronald J. Eisenberg's answer
That company is a debt buyer. It likely purchased the right to sue you by paying pennies on the dollar on the debt. Contact a local consumer attorney. Any Missouri attorney can log on to casenet and review the documents filed in the case. You might have a good defense to the suit or you might be able to negotiate a settlement. If you simply ignore the lawsuit, a default judgment will be entered against you and it may be for a greater sum that what you believe you owe, assuming you owe...
That company is a debt buyer. It likely purchased the right to sue you by paying pennies on the dollar on the debt. Contact a local consumer attorney. Any Missouri attorney can log on to casenet and review the documents filed in the case. You might have a good defense to the suit or you might be able to negotiate a settlement. If you simply ignore the lawsuit, a default judgment will be entered against you and it may be for a greater sum that what you believe you owe, assuming you owe...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
