Consumer Law Questions & Answers

Q: Hello i am inquiring about an issue my girlfriend had with planet hollywood in Las Vegas. They had a photographer alter

1 Answer | Asked in Civil Litigation, Consumer Law and Employment Law for New York on
Answered on Jul 26, 2017

Are you in NY? What damage has she suffered? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Can we sue an apartment complex for kicking out myself and my family?

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Landlord - Tenant for Ohio on
Answered on Jul 26, 2017

Did they evict you already? If so, then you could have filed a counter claim in that action. If not, then you could claim retaliation. Use the Find a Lawyer tab and consult a local litigation attorney who can review your situation and advise you about possible claims against the landlord.
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Q: Can anyone with a key access my safe deposit box?

2 Answers | Asked in Banking and Consumer Law for New York on
Answered on Jul 25, 2017

You may want to open a new box to avoid any legal issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Bar told us that we need to pay $3500 to customer because he didn't sign the estimate.

1 Answer | Asked in Business Law, Contracts and Consumer Law for California on
Answered on Jul 25, 2017

Small claims court may be useful for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: A NY mobile phone shop has sold me a phone that is barred as it's been reported stolen. What is the best way to chase?

1 Answer | Asked in Consumer Law and Small Claims for New York on
Answered on Jul 25, 2017

Call the consumer fraud unit of the New York County district attorney. To do this privately is a small claims case, which requires filing a complaint form but then returning for the trial. There is no way I could economically charge to handle this matter.
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Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Answered on Jul 25, 2017

The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it would have to be filed in District Court. The downside is that you will have to pay filing fees and service costs which will be a good portion of what you are owed. You might try writing a letter to...
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Q: i bought a car the nc dealer had a lien and financed the car however it is paid for now the dealer will not give me

1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Answered on Jul 25, 2017

You may be able to file a small claims action to force the dealer to turn over your "property" the title. There may also be a procedure through the DMV that can be used to clear the title if you have proof that the lien is paid in full. If neither of those options is available to you, you will need to hire an attorney to file suit against the dealer to clear the title and provide you with that title.
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Q: Should I notify apartment owner of management’s inappropriate replies to my reporting of problems?

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Answered on Jul 25, 2017

Have a lawyer review the lease and related facts here to determine if your rights are being violated and potentially to contact your landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law for California on
Answered on Jul 25, 2017

There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
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Q: Can house buyers refuse to cancel contract if they never responded to modification requests during attorney review?

1 Answer | Asked in Consumer Law and Real Estate Law for Illinois on
Answered on Jul 24, 2017

Since you are currently represented by an attorney, all of your questions should be directed to him/her. If you are not satisfied with your attorney's response, then consider terminating him/her and hiring a new attorney, as this should be an extremely simple situation to rectify. I would recommend acting quickly if you got a better cash offer, as there are numerous ways to get out of your current contract.
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Q: So could I make a clothing name called illuminati?

2 Answers | Asked in Consumer Law, Copyright and Business Formation for California on
Answered on Jul 24, 2017

Physically, you could. However, you want to find out if anybody else has the legal right to stop you from using the name or even try to get money from you.

This generally requires performance of a trademark search. It is best to consult an attorney because many different criteria must be considered. Your right to use the name does not depend solely on whether someone else uses the same name.
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Q: Can a collection agency sell your account after it has served a warrant in debt on you?

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.
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Q: I recently financed rims, services through a store. Cancelled order. How do I get my money back?

2 Answers | Asked in Broker Fraud, Civil Litigation, Contracts and Consumer Law for California on
Answered on Jul 22, 2017

You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in...
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Q: I leased a home in FL. Never missed a rent payment. Landlord is breaking the lease to sell the home. What's my rights?

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for Florida on
Answered on Jul 22, 2017

You need to consult with a landlord tenant attorney. The key first step is a review of the rental agreement as it likely has contract terms related to this type of situation. Also it does sound like she may have improperly handled the security deposit and a good landlord tenant attorney can help you there. But first step is the review of the contract.
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Q: Writ of Replevin defendant ordered to obtain an impossible to obtain bond.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Answered on Jul 22, 2017

Short answer. Yes you can file a motion to modify the bond. That decision is up to the judge.

Additionally this sounds like a complex situation so I suggest hat your hire an attorney to assist you.
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Q: Unpaid and overdue personal loan with signed note for $15,5k due in 2008 with 12.5 annual interesr

2 Answers | Asked in Consumer Law, Contracts and Collections for California on
Answered on Jul 21, 2017

Hire an attorney and bring a lawsuit. Max in Small Claims is $10k, so that won't work.
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Q: I have a peanut butter recipes. How do I protect my recipes so manufacturers don't steal it?

1 Answer | Asked in Consumer Law and Intellectual Property for Texas on
Answered on Jul 21, 2017

There are two ways to protect recipes: Patents and Trade Secrets.

Recipes can be patented, and the strength of the patent will depend on the novelty of the invention. I don't have a lot of info about your recipes, but my general inclination is that patenting is not the best means for protection in your case.

Your best protection, and the one most frequently employed for proprietary recipes, is trade secrecy law. For IP to be protected as a trade secret, you must take reasonable...
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Q: I live in columbus ohio. I pawned my tv. When i picked it and took it home discovered it was broke

1 Answer | Asked in Products Liability, Small Claims and Consumer Law for Ohio on
Answered on Jul 21, 2017

File a claim with them but they'll say it was you. Then go to small claims.
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Q: My girlfriend sold her car in the last year and bought a different car. The old car was abandoned. Are we liable?

1 Answer | Asked in Products Liability, Car Accidents and Consumer Law for Nebraska on
Answered on Jul 21, 2017

You can't "abandon" a car and assume it's not hers. Hers until title is transfered. Right now she can be charged with costs of getting rid of it.She should have traded it to a junkyard in exchange for the tow & disposal.
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Q: Can a manufacturer be held liable for damages to our property due to there product exploding?

1 Answer | Asked in Products Liability and Consumer Law for Illinois on
Answered on Jul 21, 2017

You need estimates for each item of damage. Then you can file suit in small claims against both companies. Send a notice of your situation to the Consumer Product Safety Commission.
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