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Consumer Law Questions & Answers
Q: Was suing a coll agency for FDCPA under Sec 806, 807(b) and 809 (b). They've filed a not of removal to fed. look st law
David Soble's answer
You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically
MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically
MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
Q: I was recently given an auto loan for more than what was discussed and agreed.
1 Answer
| Asked
in
Consumer Law, Lemon Law and Small Claims
for
New York
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Michael David Siegel's answer
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.
Q: Can credit card companies garnish a social security check and a pension check?
William John Light's answer
If you deposit Social Security monies into a checking or savings account, the credit card company can garnish, which you can then dispute. My understanding is that up to two months' worth of Social Security benefits deposited into a bank account or on a prepaid card are exempt from garnishment. If you receive $1,500 per month in Social Security, your bank should exclude up to $3,000 in your account from being seized, but money beyond that is subject to garnishment.
If funds are...
If you deposit Social Security monies into a checking or savings account, the credit card company can garnish, which you can then dispute. My understanding is that up to two months' worth of Social Security benefits deposited into a bank account or on a prepaid card are exempt from garnishment. If you receive $1,500 per month in Social Security, your bank should exclude up to $3,000 in your account from being seized, but money beyond that is subject to garnishment.
If funds are...
Q: Telecom disconnects service without notice.
1 Answer
| Asked
in
Consumer Law, Antitrust and Communications Law
for
New York
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Jonathan David Warner's answer
If the bill was not paid, they have the right to disconnect.
Good luck.
If the bill was not paid, they have the right to disconnect.
Good luck.
Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28
Kristen Epifania's answer
If this is her first offense, depending on the amount of items, she will likely receive an ACD with the condition that she completes a short one day shoplifting program. The ACD means that the case will be adjourned for six months and then dismissed and sealed, as long as there are no new arrests. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
If this is her first offense, depending on the amount of items, she will likely receive an ACD with the condition that she completes a short one day shoplifting program. The ACD means that the case will be adjourned for six months and then dismissed and sealed, as long as there are no new arrests. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?
1 Answer
| Asked
in
Consumer Law, Foreclosure and Collections
for
Tennessee
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Q: How do I start to end credit card fraud and I think I know who did it to me?
2 Answers
| Asked
in
Consumer Law, Criminal Law, Identity Theft and Small Claims
for
New York
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Michael David Siegel's answer
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.
Q: My company only sells used computers, can I advertise an apple logo on the website under a"Used brands we sell" tab?
1 Answer
| Asked
in
Business Law, Consumer Law and Contracts
for
New York
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Jonathan David Warner's answer
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
Q: I went thew a foreclosure and filed Chp.7 bankrupcy after a LLC filed a referee deed on my property. They are not on my
Timothy Denison's answer
You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.
You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.
Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!
1 Answer
| Asked
in
Consumer Law, Copyright, Products Liability and Intellectual Property
for
California
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
Frank Huerta Jr's answer
I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.
I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.
Q: I have satisfied the amount stated in a court case ? Why won’t the other party ask for the case to be dismissed?
1 Answer
| Asked
in
Consumer Law, Real Estate Law and Landlord - Tenant
for
Maryland
on
Answered on Feb 10, 2019
Answered on Feb 10, 2019
Richard Sternberg's answer
I cannot determine whether your inquiry is from Virginia or Maryland, but, in Maryland, there is a specific rule requiring the filing of a paid & satisfied line when judgment is paid. I haven't researched it in quite a while, but there may be available awards including attorneys fees for failure to comply. Filing the P&S Line costs about $15, and pro se parties often refuse to file. On the other hand, if even 1¢ of the judgment and interest are not paid, there is no requirement to file a P&S...
I cannot determine whether your inquiry is from Virginia or Maryland, but, in Maryland, there is a specific rule requiring the filing of a paid & satisfied line when judgment is paid. I haven't researched it in quite a while, but there may be available awards including attorneys fees for failure to comply. Filing the P&S Line costs about $15, and pro se parties often refuse to file. On the other hand, if even 1¢ of the judgment and interest are not paid, there is no requirement to file a P&S...
Q: I am trying find if there is a law in Massachusetts that says you cannot charge for services not rendered.
Zachary Alan Waksman's answer
Massachusetts’ consumer protection statute (Chapter 93A) forbids charging for services not rendered. The law calls this an unfair or deceptive practice. If you prove it to have happened and that you suffered damages, you will be entitled to double or treble damages plus attorneys fees. Some actions are 93A violations as a matter of law.
Right now, more information is needed. Was there a contract memorializing what you were supposed to get? Were there any other issues that arose which...
Massachusetts’ consumer protection statute (Chapter 93A) forbids charging for services not rendered. The law calls this an unfair or deceptive practice. If you prove it to have happened and that you suffered damages, you will be entitled to double or treble damages plus attorneys fees. Some actions are 93A violations as a matter of law.
Right now, more information is needed. Was there a contract memorializing what you were supposed to get? Were there any other issues that arose which...
Q: I have a bankruptcy chapter 13 question please?
2 Answers
| Asked
in
Bankruptcy, Consumer Law and Family Law
for
Maryland
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
Stuart Nachbar's answer
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option
Q: I've been renting a washer and dryer from Aarons it was 700.00 brand new and ive been paying 78.00 month for 14 months
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Contracts and Products Liability
for
Missouri
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
Timothy Denison's answer
You’re going to need a copy of the contract you signed with them to get the right answer.
You’re going to need a copy of the contract you signed with them to get the right answer.
Q: If pipes freeze in apartment am I responsible for repairs?
Alexander Florian Steciuch's answer
Usually landlords are responsible for repairs required to the rental premises. However, in a case like this where the damage is caused solely by the tenant's negligence, you are most likely responsible for the cost of the repairs.
It is not going to matter that it was warm when you left. Indiana gets cold in the winter. Temperatures fluctuate and dip. The landlord has no control of the temperature once the rental premises is occupied.
Usually landlords are responsible for repairs required to the rental premises. However, in a case like this where the damage is caused solely by the tenant's negligence, you are most likely responsible for the cost of the repairs.
It is not going to matter that it was warm when you left. Indiana gets cold in the winter. Temperatures fluctuate and dip. The landlord has no control of the temperature once the rental premises is occupied.
Q: California Pawn Shop..a ring..a loan..paying on the loan went to pay off balance and now the ring is missing.
Scott Richard Kaufman's answer
While I am NOT aware of any pawn shop specific laws, if you have a contract, most attorneys would be able to help you or at least let you know where you stand, based on the terms in the contract.
While I am NOT aware of any pawn shop specific laws, if you have a contract, most attorneys would be able to help you or at least let you know where you stand, based on the terms in the contract.
Q: CAN THE OWNERS OF MY MOMS HOUSE REFUSE TO GIVE HER A COPY OF HER LEASE AND DEMAND HER SIGN A NEW ONE FIRST?
2 Answers
| Asked
in
Consumer Law, Contracts and Landlord - Tenant
for
California
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Scott Richard Kaufman's answer
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.
Q: Do I have a case if so what do I do
Jonathan David Warner's answer
So, you want to sue over a Facebook game...?
Read over the agreement you signed when you gave them money. This is likely where the trail will end, as you'll quickly discover that they probably have the right to do what they did.
Also, how much did you pay them? If we're talking about a few hundred dollars or less, it will cost significantly more to sue the company - if you have a case - than what you'd pay for an attorney.
Your best bet is to minimize longterm service...
So, you want to sue over a Facebook game...?
Read over the agreement you signed when you gave them money. This is likely where the trail will end, as you'll quickly discover that they probably have the right to do what they did.
Also, how much did you pay them? If we're talking about a few hundred dollars or less, it will cost significantly more to sue the company - if you have a case - than what you'd pay for an attorney.
Your best bet is to minimize longterm service...
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