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California Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law for California on
Q: how soon can I get sued from a credit card company for non payment

I had 4 cards with American Express, they closed my accounts on feb 5 due to not receiving information. I called them apparently the day that they were gonna close it and when I tried to provide information to them they said the person handling the accounts was busy. They didn't call me until... Read more »

James L. Arrasmith
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answered on May 25, 2023

Generally the timeline for a credit card company to sue you for non-payment can vary. When you miss a payment, the credit card company will typically contact you to remind you of the outstanding balance and try to find a resolution. They may escalate their collection efforts by involving a... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Consumer Law and Municipal Law for California on
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?

Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances.

If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would... Read more »

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2 Answers | Asked in Consumer Law, Landlord - Tenant and Contracts for California on
Q: The leasing office/management of my apartment is employing a scheme to shorten tenants' leases

My apartment claims that, based on their internal policy, they shorten our 12-month lease by a few days so that our lease can end on a Monday. For example, if your lease starts on May 25, 2023, a 12-month lease should end on May 24, 2024. However, they assert that according to their internal... Read more »

James L. Arrasmith
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answered on May 24, 2023

Under California tenant-landlord law, lease agreements are generally governed by the terms outlined in the agreement itself. It is important to carefully review the lease agreement you signed to understand the specific terms regarding the duration of the lease and any provisions related to lease... Read more »

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1 Answer | Asked in Consumer Law and Internet Law for California on
Q: can I take action again an mc server if they want to take control of my childs pc

My child is obviously a minor, a minecraft server wanted to take control of the family PC with work documents and such on it, or else they would be banned from the server.

You might suggest just not having my child play on this server to which I would 100% agree, however all the servers... Read more »

James L. Arrasmith
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answered on May 23, 2023

Granting remote access to unknown individuals or installing unknown programs on your child's computer raises legitimate concerns. It is advisable to prioritize the safety and security of your child and personal data. If a Minecraft server insists on such access and fails to provide sufficient... Read more »

2 Answers | Asked in Consumer Law for California on
Q: Carvana is delaying my registration to a vehicle and the temp tags have expired.

They also forced me into buying this car. They contract was rewritten but I never signed it. They placed my e signature on the rewritten contract.

James L. Arrasmith
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answered on May 23, 2023

I'm sorry to hear about the issues you're facing with Carvana and the registration of your vehicle. It is important to address this matter promptly to ensure a resolution. If Carvana is delaying the registration process and your temporary tags have expired, it is advisable to contact... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: If a promise to pay was endorsed & accepted by the holder in due course,holder is obligated to give credit to endorser?

Promissory note is a negotiable instrument and the one to accept it is obligated to give credit to the one who endorsed such asset

James L. Arrasmith
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answered on May 22, 2023

Generally, if a promissory note is properly endorsed and accepted by the holder in due course, the holder is obligated to give credit to the endorser. As a negotiable instrument, the endorsement signifies the transfer of rights to the holder, who becomes the new creditor and is obligated to... Read more »

4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Your sister has created a mess of problems for you. The simplest and most direct course of action is to pay the $300, get your car back and then request for your sister to pay you back your costs. Make sure that the storage facility cancels all accounts with you and puts you on a watch list.... Read more »

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »

James L. Arrasmith
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answered on May 22, 2023

Under California law, if your car was stored at a self storage facility without your permission, you may have grounds to claim that the storage of your car was unauthorized. It is advisable to consult with a legal professional to understand your rights and options. While self storage facilities... Read more »

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »

Yelena Gurevich
Yelena Gurevich
answered on May 23, 2023

Attorney Mandel have you great advice. I will only add that you should file an identity theft report with the police and on ftc.gov so that you have take. Steps to dispute whatever your sister signed you up for (now known and also things you are yet to discover). Also if you did not give your... Read more »

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3 Answers | Asked in Consumer Law for California on
Q: I just sold my car to a company for scrap and I went to went to cash the check but it was no good.

Bank said check wasn’t in the system. Called company and they said I would have to wait a couple of hours for the check to clear. I signed over my ownership of the car shouldn’t funds be immediately available?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 19, 2023

Sorry for your issues. The funds from the company should 'immediately' be good unless you had some other agreement with them. The bank saying the check was not in the system seems concerning. Monitor this closely, as the earlier you catch a fraudster, IF that is what happened here, the... Read more »

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3 Answers | Asked in Consumer Law for California on
Q: I just sold my car to a company for scrap and I went to went to cash the check but it was no good.

Bank said check wasn’t in the system. Called company and they said I would have to wait a couple of hours for the check to clear. I signed over my ownership of the car shouldn’t funds be immediately available?

James L. Arrasmith
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answered on May 22, 2023

When selling a car and receiving a check as payment, it is important to ensure the check is valid and funds are available before signing over ownership. It is unusual for a company check to take a significant amount of time to clear, especially if it is issued by a reputable company. However, the... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Probate for California on
Q: Gym owner refuses to refund estate money debited since death

I am administering a small estate but the process to gain papers took longer than expected and since then, the gym of deceased automatically debited their account for close to $1K. Now I have sent a demand letter for return of the refund but the owner has refused to refund to the estate and instead... Read more »

James L. Arrasmith
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answered on May 19, 2023

Generally, when a person passes away, their estate is responsible for managing their financial affairs. If the gym owner has debited the deceased's account after their death, it could potentially be considered unauthorized or wrongful. The estate may have a valid claim to seek a refund of the... Read more »

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: A contractor won't honor their own promo. What can I do?

I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... Read more »

James L. Arrasmith
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answered on May 16, 2023

When a contractor fails to honor a promotional offer advertised on their website, you have several options to address the situation:

Communicate Your Concern: Clearly express your disappointment and concerns to the contractor. Provide them with specific details about the promotional offer...
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: A contractor won't honor their own promo. What can I do?

I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... Read more »

Yelena Gurevich
Yelena Gurevich
answered on May 16, 2023

This will be difficult and expensive to litigate. Without actual damages you may not be able to pursue the case at all. If the ad is a mistake on their end and they admit and apologize for the mistake, and you have no damages, the court is likely to excuse their mistake. I’m not sure you’ll be... Read more »

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: A contractor won't honor their own promo. What can I do?

I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... Read more »

Leon Bayer
Leon Bayer
answered on May 16, 2023

There is nothing wrong with the first two answers that have been given to you, but I am going to give you an answer that comes from an entirely different direction.

Why would you still consider doing business with this company? You simply can't trust them. The way they handled this...
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1 Answer | Asked in Car Accidents and Consumer Law for California on
Q: Can a body shop drive my car and charge me a toll fee?

They keep on delaying the date I’m going to get my car back every week now.

James L. Arrasmith
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answered on May 16, 2023

Generally, a body shop does not have the right to drive your car for personal use or charge you a toll fee without your permission. The primary purpose of a body shop is to repair and restore vehicles, not to use them for personal errands or incur toll charges. However, it's important to... Read more »

3 Answers | Asked in Consumer Law for California on
Q: A bill collector is pursuing a car loan I defaulted on twenty years ago. Is this passed the statute of limitations in CA
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answered on May 11, 2023

In California, the statute of limitations for collecting on a written contract, such as a car loan, is generally four years from the date of default. However, it is important to note that there are certain circumstances that can either extend or toll the statute of limitations.

If the car...
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3 Answers | Asked in Consumer Law for California on
Q: A bill collector is pursuing a car loan I defaulted on twenty years ago. Is this passed the statute of limitations in CA
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 11, 2023

The short answer is yes. The statute of limitations relates to when a legal action must be brought. However, if a judgment was obtained against you, it lasted ten years, and may have been renewed for another ten. There are also exceptions to the statute of limitations, such as time you were... Read more »

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3 Answers | Asked in Consumer Law for California on
Q: A bill collector is pursuing a car loan I defaulted on twenty years ago. Is this passed the statute of limitations in CA
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 18, 2023

Assuming you are in CA it is almost certainly beyond the SOL. As noted by Attorney Dorfman, it is possible for things via trick or otherwise, to change, including (I hear, not 100% sure) if you agree to pay (or actually pay) some portion of it? Also, it is not about the default on the loan but... Read more »

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5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... Read more »

Leon Bayer
Leon Bayer
answered on May 10, 2023

It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?

I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should...
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