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Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Business Law for California on
Q: If the seller of a motorcycle misrepresents the year and condition can I demand a refund?

The bike was advertised as a 2003 when it was a 2001. Bike was advertised as excellent condition with no issues. The bike has a major oil leak that only shows up after riding it for 15 minutes or more.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You have a lot of issues about the purchase of this motorcycle. Perhaps you should just sue the seller in Small claims and put it all before a judge there, because apparently it is not worth enough for you to retain an attorney to assist you to sort this out. The other post about the DMV manager... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Alabama on
Q: Is this grounds for dismissal

Timestamp on video is different from what police says when crime was committed. Reports show Feb 2nd 2016 a control buy was made. Video shows it was 9/26/2009.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 24, 2020

No. If they have the confidential informant there to testify to the actual date it happened and also the police officers, then it will not matter what the time stamp on the video says.

1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Is it common today for mass tort law firms to bill the client for interest charges they accrue to work the clients case?
Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »

1 Answer | Asked in Consumer Law and Collections for Mississippi on
Q: If someone is in default on credit cards, what recourse do the creditors have? Unemployed individual owns home no mortg

Can the Credit Card companies sell the home even though the individual is unemployed? Can they seize bank accounts or investment acct even though the individual is unemployed etc?

David Luther Woodward
David Luther Woodward answered on Oct 21, 2020

They can sue you and reduce their claim to judgment which can result in a judgment lien.

I am not admitted in Mississippi, but here in Florida it would not affect your owning your house free and clear because of our constitutional homestead protection; however, I cannot quote you the Miss....
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Business won't return my gates after painting them. No $ has been paid yet. Are they stolen property now?

Verbal and email agreement says we pay when delivered. They keep putting off delivery. We'll be glad to pay when they get here.

William John Light
William John Light answered on Oct 20, 2020

I doubt that they are required to return the gates before you pay for them. They have a mechanics lien on the property until they have been paid for their work.

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1 Answer | Asked in Consumer Law for Idaho on
Q: I'm under 18 I have saved and am ready to buy a car with all cash do I need to have a cosigner on the title in Idaho

I have saved all cash and I have found a vehicle from a private entity since I am under 18 and am buying the vehicle out right do I need to have some one else cosign on the title or can just I sign it I will be 18 in less than 12 months and don't want to retitle the vehicle. Also if my name is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 20, 2020

Hi there,

Yes you need to have a co-signer, not because you may not have good credit but for the same reason that you may NOT title a car in your name, until you're 18 yrs. old. So, right now you can titled it in yourname/co-signer's name and then in one year, re-title it in just...
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1 Answer | Asked in Consumer Law and International Law for Puerto Rico on
Q: Hi, if I refuse my inheritance in PRand give it to my sister, am I totally free of any debts, liens or any financial i
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. Under the New Civil code that takes effect this Noviember, Inheritors do not respond for the debts of the Estate beyond the value of thier share in the Estate.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for California on
Q: I’ve been staying at a hotel for the past few months and they have told us we cannot stay more than 28 days in a row?

The hotel has told us we have to stay somewhere else for a few days due to there 28 day policy but can come back after a few days. We have been here for around 5 months and after about 30 days we stayed at another hotel for two days and came back, stayed for around three months and was told we had... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

The issue here is that they do not want to become long term landlords because if they do then they would be subject to a whole different body of law that would regulate them. You will be better of finding an apartment somewhere else. Best of luck.

1 Answer | Asked in Consumer Law, Communications Law and Small Claims for Minnesota on
Q: I hired a newborn photographer and the pictures came out horrible I would like a refund. What can I do next.

This started back in July of this year. We went to the photographers address and did the photo shoot. It took her close to a month to send me proofs to select which photos I liked. I would send her several emails asking what the time line of when she would have the photos ready. I would receive a... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Small claims/conciliation time it seems.

1 Answer | Asked in Consumer Law for California on
Q: Is the 99 cent only store false advertising when it sells things for over 99 cents.
Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

No, it is a trade name, like "Disneyland- the happiest place on earth!" Have you ever seen kids there crying? It is not because their lawyers told them they could not sue for false advertising.

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1 Answer | Asked in Consumer Law and Copyright for Washington on
Q: Is the website PDFDrive legal to use?

I’ve been using it for a day or two now and I’m really scared I’ll face legal repercussions

Steve Charles Vondran
Steve Charles Vondran answered on Oct 12, 2020

This is general legal information only and not legal advice. This is a very good question. It appears their site is a bit like google (where you can search for pictures and images. They allow you to search PDF's but this does not necessarily mean you have legal rights to reproduce, share,... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: I was financed for a car from an established used car place only to find it needs rack & pinion replaced. Can I sue?

I returned to the dealership within a month of driving and complained about the tire locking up when I turn left. They suggested it could be the hub which I paid them to replace and the problem has not only continued but has gotten worse. They told me to just turn traction control off every time I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2020

Dear Robbed,

Please correct me if I misstate the facts you've listed.

First, you purchased a vehicle from a dealer? Was the car new or used?

Second, if it was used, did it have a "AS IS" sign on the windshield?

Third, if it was used AND it had an...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a company refuse to send me an invoice or a bill and demand me to pay only on the phone?

I have been leasing a car with this company (short term lease) that operates through a mobile app. I was required to link a bank account for the weekly payments. For two years, the payments were processed weekly, and I received the invoice through the mail every week. Last month they called me and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

IMO your alarm bells are ringing for good reason. This sounds like a scam to get your bank information. Take all precautions, such as calling the company instead of just taking calls. Get the name and employee ID number on each person you speak to. Do not just deal with a clerk ask to speak to... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Entertainment / Sports for Massachusetts on
Q: Fitness training company charging me for services that were not provided. What are my options?

I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 9, 2020

Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... Read more »

1 Answer | Asked in Consumer Law and Business Law for Wisconsin on
Q: Company has '90 Day Comfort & Satisfaction Guarantee. Could a customer get a full refund within 90 day?

Should the company list the full details of the guarantee?

Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

A Wisconsin attorney could advise best, but your question remains open for a month. As a GENERAL matter, it might depend on what the rest of the terms of the guarantee outline as remedies for a consumer in the event of less-than-full satisfaction. Since Wisconsin law could govern consumer... Read more »

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for Florida on
Q: Am I able to obtain a repossessed car that I use 100% of the time even though I am not on the title?

My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 8, 2020

Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.

1 Answer | Asked in Consumer Law for California on
Q: Is it legal for a cloud file backup service to refuse to give me access to my own files?

I used a cloud file backup service for several years. My external hard drive was stolen then my laptop was hacked. So, I finally needed access to all of my files stored in the the cloud. The problem is that I changed my phone number for the first time in 20 years, and now the company refuses to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 8, 2020

if you are current on your backup storage payments, you should not have issues accessing your files even if you changed your phone number. there seems to be some information missing as companies don't just arbitrarily deny access to files. you may need to consult with an attorney and... Read more »

3 Answers | Asked in Consumer Law for California on
Q: How do I stop a wage garnishment that was recently filed with my employer by a law firm?

I spoke with the Court and they told me I could file paperwork with the Sheriff Dept. to stop the garnishment, but I had to wait for the lawyer to file a Writ before they could do anything. They will be taking 25% of my check in which I can't afford. How do I proceed at this point?

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Oct 8, 2020

Only two people can stop or modify the wage garnishment: the lawyer/creditor who put into place (by reaching an agreement with them) or by the judge. To get the judge to hear your case, you must file a claim of exemption. There are many pitfalls and it is always best to hire a lawyer experienced in... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Kentucky on
Q: My taxes were bought by a 3rd party. I've mailed payment in full, they've failed to pick it up for weeks. What do I do?

Debt collector requires money orders. Payment has been waiting for them at usps for 15 days. USPS supervisor confirms that my money orders are there. The debt collector's office has been notified and I have contacted them to inquire why it hasn't been picked up with no concrete answer.... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2020

Not much you can do except wait for them to cash and release liens. Any other action on your part at this juncture would be too costly and premature.

1 Answer | Asked in Consumer Law for California on
Q: I bought a new 5th wheel egg l, whrr E BMI css as liked to have it delivered I was told they are waiting for rear

It had dented rear panel ams has never left dealership. I asked for refund and they said no.

Yelena Gurevich
Yelena Gurevich answered on Oct 7, 2020

Your post does not seem to have any question for a lawyer to answer. It's more of a statement. More details and specifics will need to be revealed. You need to speak to a lawyer familiar with suing dealerships to really flush out all the facts and determine if there are any legal violations.

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