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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Kentucky on
Q: What can i do?

I rent a tv PlayStation 4 combo and a laptop from Aarons. I have 3 payments left for both. I pay every month on time. This month i did not pay the laptop because i lost my wallet with my debit card in it and could not access my money. I made them aware of this. About a week later they show up at my... Read more »

Timothy Denison
Timothy Denison answered on Jan 25, 2020

Once you get your replacement card, pay everything up to date and pay off thes debts as quickly as you can.

1 Answer | Asked in Consumer Law and Probate for Mississippi on
Q: If my husband dies while paying a secured loan, am I responsible for that loan. Can they take the collateral from me?

My husband made a loan and used a lot of our household stuff.Can they take that from me or make me pay his debt? We live in Mississippi which is not a community property state.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If you stop making the payments, they can take the collateral for the loan. This is true whether or not they make a claim as a creditor in probate.

2 Answers | Asked in Consumer Law for California on
Q: How long does the Consumer Protective Service take to respond for a licensee with a criminal record?

I applied to get my licensure for physical therapy. The California Physical Therapy Board sent my application to Consumer Protective Services to review my criminal background and decide if I can get licensed. I was wondering what this process is typically like and how long it takes. Thank you in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 22, 2020

I do not think anyone can answer this with exactness. The CA Bar licensing usually takes about 4 months and does not include folks *usually* with criminal records. It DOES have a LONG exam. IF it takes more than 6 months, I'd recommend you politely reach out to the body doing the screening, and to... Read more »

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1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: If a car dealer sold a car with a warranty and didn't provide details or contract are they liable for non covered repair

The buyers guide has as is checked but also says Integrity Warranty Services 3month/3000 miles. The dealer told us at the time of purchase it is a powertrain warranty and "if it has gas, grease or fluids it's covered" They did not explain any details or limitations or provide a copy of the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 22, 2020

I regret that I do not handle car warranty matters. You should call the Virginia Attorney General's office, consumer division and make a formal complaint.

1 Answer | Asked in Bankruptcy and Consumer Law for Arizona on
Q: Is a debtor 'allowed' to have both an awarded judgement AND still report the debt on my credit report?

I have a debt/collections I am trying to pay off but just found a judgement in county records against me for the same debt by the same company.

The judgment is not appearing on my credit report, only the collection itself. Is it legal to have both a judgement won and filed in a recorders... Read more »

Timothy Denison
Timothy Denison answered on Jan 22, 2020

You should notify all three credit bureaus that they are the same debt. It should only be reported as the judgment.

1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: I just completed a Chapter 13 bankruptcy 5 year 100% payback plan and received a discharge.

In 2014 I co-signed a student loan application for my stepson. His mother and I got divorced later that year. All during the plan this “Sallie Mae Bank Inc” loan showed as being in a “Closed” status on my 3 credit reports. Now that I have completed the plan and received a discharge the... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2020

You can contact the credit bureaus regarding this but the bottom line is you are still obligated on the note. Was it not dealt with in your divorce?

1 Answer | Asked in Banking, Consumer Law and Criminal Law for Georgia on
Q: I paid a company with cashiers check in Atl, GA. I received signed paid receipt. Vendor says check was stolen.

I canceled the cashiers check. Before I could pay them, they went to the moving broker and got my debit card information (unauthorized) and charged the amount the next day.

Is that misappropriation of funds or do I just need to reissue? I’m concerned that this is fraud and identity theft.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 20, 2020

It sounds as though the moving broker acted negligently towards you. If you have never authorized them to release your credit/debit card information to this 3rd party, this may be a case of fraudulent use of credit card or another offense. It is best to consult an attorney who can assess the merits... Read more »

1 Answer | Asked in Consumer Law and Animal / Dog Law for New York on
Q: Adopted a dog out to an out of state customer. Wrong dog was sent, now they won't exchange. Dog was already adopted.

They received the wrong dog, now they won't exchange for the correct dog. Other customer had already adopted that dog and would like the one they adopted.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 19, 2020

A properly drafted purchase agreement should deal with this possibility. If not, it is up to you to provide a reasonable replacement or refund their money.

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that allows you to... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has agreed to accept the total... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

1 Answer | Asked in Business Law and Consumer Law for Kentucky on
Q: I would like to publish a certain type of ad for my website, but I want to know if it falls under false advertisement.

I sell magnetic therapy bracelets online. They are not proven to have any benefits with studies, but I want to run an ad that has a picture of a bracelet and also a before/after of a woman who lost weight. Does this fall under false advertisement and can I get sued.

Nowhere in my website or... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

If you are going to run the ad, you should put the disclaimer on the ad that you set out above. That should protect you from any claims of fraud.

3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

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

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Consumer Law for New Jersey on
Q: A film distribution company has hid sales numbers and stolen money. Does this fall under NJ Consumer Fraud Act?

A brief summary of my issues are as follows:

- I caught the company taking an un-contractual 50% off the top, nearly $10,000. I brought it up and they agreed to “give it back”. Which in turn went from his right pocket to his left because of the ridiculous “bill” he gave me.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2020

Without more facts and a review of all documents, it is not possible to provide a meaningful answer. Your situation cannot be determined in an online forum.

1 Answer | Asked in Consumer Law and Probate for Florida on
Q: How long does it normally take to receive the status of administrator in Florida when spouse died without leaving a will

My husband died without leaving a will or power of attorney to me so I have to go to the court-house to petition for administrator of his estate. His assets are around $20k (2 cars and a bike and some money in the bank, about $2k). The cars are paid off as well as the bike. One car is used by me. I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 14, 2020

For these assets you may not need to be appointed personal representative. You may be able to transfer title to the motor vehicles as exempt personal property because you are his wife with just his death certificate, you should check with your local motor vehicle office, since this may depend on... Read more »

1 Answer | Asked in Consumer Law for California on
Q: I went into an auto dealership to trade my car in for a new one I was upside down and the payments would be high but

I was fine with that. My current loan was discharged under a bankruptcy, but my mom would still be held liable for it as she is a co-signer on the loan. Anyways, the finance manager comes back and says since the loan was discharged, just surrender the car. I informed him that my mom was on there... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 13, 2020

I do not have the specific answer to your question, but, I have excellent input.

Here is what you do, ASK your bankruptcy attorney! They know this stuff inside

and out and they will know if you were lied to and if so, what your remedies may be.

Good luck with it!

1 Answer | Asked in Consumer Law and Criminal Law for California on
Q: Am I capable of sending a demand letter to someone who has frauded me online?

If someone scams me online for virtual currency, can I send a demand letter to get him to recompensate me?

Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2020

more info needed.

yes you can send a demand letter yourself...however it probably will not be successful.

if what s/he did was criminal then contact law enforcement.

1 Answer | Asked in Consumer Law, Estate Planning, Banking and Civil Litigation on
Q: Can i recover 220k pod money the administrator stole from me by falsifying a court order the court order itself is fake
Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2020

I am guessing that by "administrator" you really mean executor or personal representative appointed by the court. You should hire an attorney to help you petition the court to recover the funds and also remove the executor/personal representative due to malfeasance.

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