Consumer Law Questions & Answers by State
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Consumer Law Questions & Answers
Q: If I used a credit card for a deposit for a item and have not recieved the item can I cancel the transaction.
William John Light's answer
The manufacturer probably has terms and conditions, to which you agreed, about this purchase and when it can be cancelled. You should contact the manufacturer, or you may find yourself in breech of contract..
The manufacturer probably has terms and conditions, to which you agreed, about this purchase and when it can be cancelled. You should contact the manufacturer, or you may find yourself in breech of contract..
Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)
1 Answer
| Asked
in
Bankruptcy, Consumer Law and Collections
for
South Carolina
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
D. Nathan Davis' answer
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's money, a part-time job etc.
Once the money is taken, it is always hard to get it back. You may want to send a letter to the attorney for the creditor who obtains the judgment advising them that...
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's money, a part-time job etc.
Once the money is taken, it is always hard to get it back. You may want to send a letter to the attorney for the creditor who obtains the judgment advising them that...
Q: Can a vet keep my dog legally bc I can't pay?
Tammy Lyn Wincott's answer
Check the Texas property statute for more specific information; however, generally speaking, vets do obtain an automatic lien on any services performed. You may be able to work out a payment plan with them.
Check the Texas property statute for more specific information; however, generally speaking, vets do obtain an automatic lien on any services performed. You may be able to work out a payment plan with them.
Q: My nc biller charges me a %. I’m a dentist in Texas. Is this fee splitting? I just became aware of this term fs.
Tammy Lyn Wincott's answer
Check with your dental board as they should have an ethics section with someone who can answer this for you. For lawyers flee-splitting is constantly changing in definition, i.e. if we work through online company answering questions for money, etc. It seems the States are all taking different positions. I can tell you if it were me, I would check with my State Board first.
Check with your dental board as they should have an ethics section with someone who can answer this for you. For lawyers flee-splitting is constantly changing in definition, i.e. if we work through online company answering questions for money, etc. It seems the States are all taking different positions. I can tell you if it were me, I would check with my State Board first.
Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software
1 Answer
| Asked
in
Consumer Law, Contracts, Business Law and Patents
for
Colorado
on
Answered on Jun 13, 2018
Answered on Jun 13, 2018
Kevin Flynn's answer
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.
You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.
You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
Q: The TSA illegally seized my liquor and now has offered to refund me. Do I have any other recourse in my claim?
Zachary Divelbiss' answer
Apologies, but this question doesn't exactly fall in the Criminal Law category. I recommend seeking a civil attorney who is federally licensed they will be your best point of contact if you want to pursue a lawsuit.
Apologies, but this question doesn't exactly fall in the Criminal Law category. I recommend seeking a civil attorney who is federally licensed they will be your best point of contact if you want to pursue a lawsuit.
Q: Can I force Sony to delete my personal data in messages on their system?
1 Answer
| Asked
in
Consumer Law, Business Law, Gaming and Internet Law
for
California
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
William John Light's answer
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la
1 Answer
| Asked
in
Constitutional Law, Consumer Law and Small Claims
for
South Carolina
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
D. Nathan Davis' answer
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.
If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.
You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.
If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.
You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...
Q: My sister bought a house and has her boyfriend on the deed. She fronted all minues and it’s on the note/ mort by herself
Jonathan A. Klurfeld's answer
She should hire a lawyer. It was a foolish move to put him on title as people on title have a right to equity in prop\perty; regardless who signed the note and mortgage. The equity is the portion beyond that. He may be entitled to half depending on who paid what maintenance and improvements on the house. You should advise her to hire a lawyer if he is demanding money and not give her any advice as a non-lawyer
She should hire a lawyer. It was a foolish move to put him on title as people on title have a right to equity in prop\perty; regardless who signed the note and mortgage. The equity is the portion beyond that. He may be entitled to half depending on who paid what maintenance and improvements on the house. You should advise her to hire a lawyer if he is demanding money and not give her any advice as a non-lawyer
Q: Do I have to pay for towing and storage fees for my trailer and motorcycle?
William John Light's answer
If the tow truck driver took your property without lawful authority, ask the tow yard in writing on what authority it took your trailer and motorcycle. Ask it to compensate you for loss of use of the items, per day, at a reasonable charge and to release the items to you immediately. Give them an actual number that you want based on your valuation of the fair market value of the trailer and motorcycle and the daily rental values of those items. Be prepared to prove your valuations with offers...
If the tow truck driver took your property without lawful authority, ask the tow yard in writing on what authority it took your trailer and motorcycle. Ask it to compensate you for loss of use of the items, per day, at a reasonable charge and to release the items to you immediately. Give them an actual number that you want based on your valuation of the fair market value of the trailer and motorcycle and the daily rental values of those items. Be prepared to prove your valuations with offers...
Q: Am I required to take my car back to the dealer/for inspection because they are the lien holder.
Alex McClure's answer
Inspection for what purpose? Have you received a notice or letter of some sort that requests an inspection for something?
In case you are new to Florida, vehicles do not require an annual safety inspection in the state.
Inspection for what purpose? Have you received a notice or letter of some sort that requests an inspection for something?
In case you are new to Florida, vehicles do not require an annual safety inspection in the state.
Q: Will shop lifting show on background if yes how can i make a payment or something make it not visible to employer?
1 Answer
| Asked
in
Consumer Law, Civil Rights and Federal Crimes
for
Georgia
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Titus Thomas Nichols' answer
You should contact an attorney so they can properly counsel you on whether Record Expungement would be applicable.
You should contact an attorney so they can properly counsel you on whether Record Expungement would be applicable.
Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property
1 Answer
| Asked
in
Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice
for
Louisiana
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Douglas Lee Bryan's answer
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.
Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?
1 Answer
| Asked
in
Consumer Law, Animal / Dog Law and Small Claims
for
Utah
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Wesley Winsor's answer
Hi,
I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I am not sure you have a claim.
I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.
You may...
Hi,
I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I am not sure you have a claim.
I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.
You may...
Q: I received a bad check from an address in New York. Is there anything I can do about it or with it?
Q: Lent item, asked for item back. They will not meet at mutually agreeable location, only time and place they choose.
Grant St Julian III's answer
You may talk with the police about filing criminal charges, you may file a civil suit for the return of the item, or you can just move on with your life. Good luck.
You may talk with the police about filing criminal charges, you may file a civil suit for the return of the item, or you can just move on with your life. Good luck.
Q: How do I get a Florida corp. to refund my money after I followed all steps to correctly cancel my contract?
Alex McClure's answer
I'm sorry to hear of your troubles. Yes, situations as you describe are not uncommon. You should gather up your documentation and see an attorney in your area who specializes in consumer law.
Good luck to you.
I'm sorry to hear of your troubles. Yes, situations as you describe are not uncommon. You should gather up your documentation and see an attorney in your area who specializes in consumer law.
Good luck to you.
Q: I have been summoned for court over a Capital One credit card from 2015 amount of $1, 832. What should I do?
Alex McClure's answer
Your best option would likely be to contact the attorney (their office) directly and discuss a payment plan. They will ask you about your finances and will tell you if there is anything that you can do to make monthly payments.
Regarding your court situation, you should continue to read and follow any directives you receive from the Court or the Plaintiff's attorney so that you dont default or risk the case until it is settled and stayed, if in fact you can get it settled with...
Your best option would likely be to contact the attorney (their office) directly and discuss a payment plan. They will ask you about your finances and will tell you if there is anything that you can do to make monthly payments.
Regarding your court situation, you should continue to read and follow any directives you receive from the Court or the Plaintiff's attorney so that you dont default or risk the case until it is settled and stayed, if in fact you can get it settled with...
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