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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: individual to do appraisal of valuable photos refuses to return photos. What do I do?

My mom was looking to sell photos that were taken by her mom of famous people, i.e. JFK , Astronauts john Glenn Shepard and their are many. She was to review and appraisal first and then we would go from their as to how much they are worth. She owned a Junk/Antiques and local pawn shop, The... Read more »

Robbie Levin
Robbie Levin
answered on Feb 1, 2023

If someone refuses to return your property to you, then they are committing a theft. You can call the police. You could also hire an attorney to "politely" ask the person to return the property.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Consumer Law, Business Law and Collections for South Carolina on
Q: If I was told an insurance package would cover my vacation from any pandemic related issues and now they won't pay.

Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

"I was told". "I didn't read the fine print".

These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is...
Read more »

2 Answers | Asked in Consumer Law for California on
Q: My 2 year old car no longer works and no warranty,32,000 miles.

I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jan 30, 2023

Sounds like a "yes" . . . Where you are referring to as a warranty is probably an extended warranty or service contract. It may still be under the original manufacturer's warranty and with the recalls and general deceptive/opportunistic sales situation, it sounds like you should... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: There's a longer story, but my basic question is how long can a trash service leave their trash can in my yard?

I did not have an account with this company. The previous resident did, it was canceled over a year ago. I have tried putting the container at the road to get it picked up twice before. They have tried to start billing for service that isn't used. They said in an email that they would be... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 30, 2023

I'm sorry, but more facts are needed. Did you contract with this company, you terminated servicees and they have not picked the container back up? There is no "law" or "rule" addressing this as requiring any specific number of days or weeks. You would need to look at the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 27, 2023

If there is a warranty the lemon law should cover it.

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

2 Answers | Asked in Consumer Law for California on
Q: Is a law firm that represents you obligated to show you how your funds from your settlement were dispersed?

My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... Read more »

William John Light
William John Light
answered on Jan 25, 2023

The attorney is supposed to account for all funds and report to you.

California Rule of Professional Conduct 1.15 (calbar.ca.gov/Portals/0/documents/rules/Rule_1.15.pdf):

"(d) A lawyer shall:

(1) absent good cause, notify a client or other person* no later than 14...
Read more »

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1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... Read more »

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Kentucky on
Q: How do I get a vehicle transferred that I purchased and paid in full when the party refuses to complete the transfer?

I paid in full $6000 over a year ago for the vehicle and still can not get a title in my name. After going to the county clerk where the vehicle was purchased I find out it is not even in the person's name that took my money, he is also an attorney. I have ask the county attorney and the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Take a criminal complaint against the seller for failing to register the transfer.

2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: I am considering bankruptcy on balances of high interest accounts. Can I get help doing it on my own.

One account is a lease for a photo printer. $800 the printer was damaged in our last hurricane and trashed by accident now client wants to pick up printer or be paid can I be arrested?

Timothy Denison
Timothy Denison
answered on Jan 24, 2023

You may be able to get some help from your local bar association or legal aid society. You cannot be arrested for the damaged printer.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
Read more »

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