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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Can I fire the roofing co named in my insurance sett. If they are named on ck bc I think they are scammers!?

We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 26, 2022

Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »

2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for New York on
Q: a person hit my condo and caused an excess of damages above limits of there policy. How do I know there worth

It was considered there fault abs a lot of stress as it is taking extra long to complete because mgmt is failed to progress as well. It’s been 7 months abs still not complete- only a 2 month job.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2022

Investigators are generally able to identify those things, but in the absence of injuries, building/property policies could sometimes offer higher policy limits than vehicle policies carrying minimum statutory limits. Good luck

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2 Answers | Asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you... Read more »

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1 Answer | Asked in Consumer Law for Maryland on
Q: How can I obtain the rights to my photographs from a photographer free of watermarks?

Recently, I had family photos taken by a photographer. Prior to the on site shoot the photographer and I discussed, through text message, watermarks on the photos as well as the use of the photos. He stated the final product would not have the watermark and we could use the photos at our... Read more »

Mark Oakley
Mark Oakley answered on Jan 25, 2022

You have a contract, I hope, which is written. The terms of payment are or should be stated, as well as what you are paying for exactly and what the photographer is to provide for that payment. Without reviewing the terms of the contract, it is impossible to advise you. As a general matter,... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Prepaid for 30 personal training sessions at a gym, used 11, then moved out of area. They won’t refund remainder.

Am I legally allowed a refund of services even though it’s past their “5 day refund” timeline for full refund? I did sign their contract and whatnot but at this point, it’s services not received for money spent. Am I entitled to a refund?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 24, 2022

I've seen this before can't remember exactly when/where but, almost all legit gym contracts have a clause in them about moving out of the area. The question is how they define out of the area and how you define it. So take a look at your contract for your answer!!

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does a Survivorship interest lien on my Tenancy by the Entirety held home (with my spouse) go away with sale of home?

There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Hawaii on
Q: How do I get my money back on a false misrepresentation of a claim on a product I bought?

I purchased a device that claimed FDA approval and it is not. I based the purchase on being told it was FDA approved.

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A Hawaii attorney could advise best, but your question remains open for five weeks. Hawaii consumer laws aside, which only a local attorney could advise about, the most practical approach could be to request refund through the company's customer service department. If there's more to the... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
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2 Answers | Asked in Consumer Law and Contracts for New Jersey on
Q: Hi, I took a personal loan from an acquaintance and was recently ordered to repay the amount in full through in court.

I have reached out to the lender to repay the loan in full, in exact accordance with the judgement/court order. However, the lender is not accepting payment. They are just not responding. Is there a point where the debt can be cancelled due to not accepting payment in full or refusing to comply... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2022

Debts just do not get magically canceled. If it is appropriate and cost-effective you should simply file for bankruptcy, but that cannot be determined here. The creditor is under no obligation to take payments, but will almost certainly serve you with an information subpoena. You can have a secure... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I have paid for a gift certificate to a massage service. They will not schedule unless i provide a credit card.

There is not a policy on my gift certificate or on website that says this. Is this legal? They have my money already.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 21, 2022

Plenty of possibilities including that it IS in there somewhere?

That said, in that business, they often get no shows. The credit

card is their security against this, as they normally charge for

last minute cancels. Life may be easier to just give them the

Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer answered on Jan 19, 2022

Selling used clothes is legal.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Does that law make them legally married, though? I’ve heard both yes and no, but nothing official.
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 19, 2022

Please delete this question and post mre details. What law are you talking about and what facts are you asking about? You have not given us anything to base an answer on.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Buying a new car at MSRP, - the dealer tells me there is also a mandatory non-negotiable $2000 extended warranty.

I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »

Gary Lane
Gary Lane answered on Jan 18, 2022

I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!

1 Answer | Asked in Federal Crimes, Consumer Law and Real Estate Law for Louisiana on
Q: Can You name institutions or addresses in Louisiana or internet for expropriation in Chicago?

Dear Ladies and Gentlemen,

my girlfriend living in Louisiana inherits a piece of land in Chicago that the city or state of Illinois wants to expropriate to build a school on.

As I understand it, the court is asking my girlfriend to receive $36,000 as compensation for the inheritance... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 17, 2022

You will eventually need an attorney in Chicago if this matter goes to litigation but you may also want a Louisiana atty to assist you with this---use the Justia FIND A LAWYER tab and search for Chicago and Louisiana expropriation attorneys--contact/consult with a few of them ad then hire the one... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Michigan on
Q: We bought custom furniture in April 2021. It was delivered October 19,2021. Within a week we notice a squeaky noise

Repair service came out and agreed there was a problem. Supposedly they order a part. Nothing has been done as of January 17, 2022. Can we demand a refund?

Michael Zamzow
Michael Zamzow answered on Jan 17, 2022

Likely depends on the purchase agreement, company policy, as well as the status of the part that was ordered. Demanding a refund and getting a refund are two different things, and being custom furniture, your question requires a much deeper than typical contract analysis to get a closer answer.... Read more »

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Michigan on
Q: I was emotionally harassed by an advisor for sending emails and asking too many questions.

I was looking for options I can have to change my minor. But during the advising meeting I was denied to ask questions and they said they do not care what I choose. I was denied to ask any further questions on the topic and was insulting experience for not knowing what to do even as an... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 16, 2022

What is your question? It sounds like your best course of action would be to address this issue with your university. Perhaps to the head academic advisor or to a dean of students. Many universities also have departments and deans specific to international students.

1 Answer | Asked in Consumer Law for Louisiana on
Q: Civil lawsuit junk debt buyer Iawsuit

If motion to continue Has been filed by both parties but has not been approved by judge before a court date and the Plaintiff’s attorney does not show will the case be dismissed?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

Not enough information has been provided. What is set in court in which both parties have filed continuances? Trial? A pre-trial motion? or what? Are you represented? If the request for continuance has not been denied, then in all likelihood it will be granted on or before the court date. I... Read more »

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