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Nebraska Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: How long do I have to invoice a consumer for my service?

I was reviewing accounts and realized I never invoiced a consumer for my services. A year has passed since the services, are they still legally bound to pay me?

Julie Fowler
Julie Fowler answered on Sep 21, 2021

Depending on the facts, you are still likely within the statute of limitations to collect the debt. Call the customer and explain the mistake. The customer shouldn't expect to get a free service when there was an agreement to pay. You may also need to talk with your tax professional to find... Read more »

1 Answer | Asked in Consumer Law for Nebraska on
Q: Can something found during an inventory of a car be used to charge someone

My husband was pulled over for no plates. The van was going to be impounded. The sheriff’s started going through van without consent from my husband. My husband told sheriff he didn’t have permission to search the van. The sheriff said it wasn’t a search it was an inventory. They found a... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

Law enforcement is required to inventory when a vehicle is impounded. Any inventory found that is evidence of a crime can generally be used as evidence of that crime. That being said, law enforcement can't just claim they may have to do an inventory in the future when really they are doing a... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Civil Rights for Nebraska on
Q: got hired to repair deck, now he doesn't want to pay me. he keeps changing and hurrying me to finish. what are my rights
Julie Fowler
Julie Fowler answered on Aug 19, 2021

One option may be a construction lien. See the Nebraska Construction Lien Act, starting at Neb. Rev. Stat. Section 52-125.

1 Answer | Asked in Consumer Law and Small Claims for Nebraska on
Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?

It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded... Read more »

Julie Fowler
Julie Fowler answered on May 12, 2021

There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.

That being said, it is possible that an item produced in a...
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1 Answer | Asked in Consumer Law for Nebraska on
Q: I bought a car, paid for with a cashiers check. I now have a clear title in Nebraska and have licensed it.

The dealer just contacted me and said they can't cash the check because they gave me the wrong name. What are the ramifications?

Thanks!

Julie Fowler
Julie Fowler answered on Mar 2, 2021

A court isn't likely to allow you to get a car for free from a dealership. You will likely need to work with the dealership and probably the bank to get this resolved.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... Read more »

Julie Fowler
Julie Fowler answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Consumer Law and Collections for Nebraska on
Q: Debt collection agency has sent us a notice about a bill we believe is invalid. What can they do if we don't pay?

We've responded by mail, said the debt is invalid, provided more information. What are our rights if they ignore/don't accept what we've sent? Can they sue, put a lien on our house, what?

Julie Fowler
Julie Fowler answered on Dec 1, 2020

The Nebraska Attorney General's Website has some good information that might be a good place for you to start.

https://protectthegoodlife.nebraska.gov/debt-collection

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Nebraska on
Q: How do I get a literary work copywrite protected independent of an attorney in the state of Nebraska?
Charles Edwin Runyan
Charles Edwin Runyan answered on Aug 20, 2020

If you are the author of a literary work, the moment the work is finished copyright protection springs into being without any effort on your part. (other than finishing it). You can immediately mark it with the "C" in a circle.

If you go to the copyright office's website,...
Read more »

1 Answer | Asked in Consumer Law and Municipal Law for Nebraska on
Q: Can a municipal golf course put age limit on college student membership rates?

I am 32 year old full-time student, and was told I had to be under 25 to receive the college student membership rate. Is that legal? I feel like I meet the criteria and have the same monetary situation as a college student, and don't think my age should be considered.

Thank you for your time.

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

It looks like something where they could essentially do what they want in terms of their fees. Those types of discounts - college students, veterans, union members, seniors, etc. are essentially up to the entity to do as it pleases. They implement them out of kindness, good will in the community,... Read more »

1 Answer | Asked in Consumer Law for Nebraska on
Q: I want to file a claim through PayPal but if I lose can I still sue or will it hurt my case? Should I sue first?

I hired a coder to do some work for me, I paid a lot of money for it. We did the payment through PayPal with a terms of service set up. In those TOS it did state if the project wasn't done by the given amount of time I am entitled to a refund. The coder has ghosted me and I've trier... Read more »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

Your question is too specific to be able to give an answer on a general message board like this. The best strategy for a case depends on the overall circumstances of the case.

2 Answers | Asked in Consumer Law, Collections and Small Claims for Nebraska on
Q: How do I recover money paid to a contractor who never finished the job? My elderly uncle prepaid for tree removal.

My uncle is too trustworthy and didn't ask for a receipt. I have several texts from the contractor stating that he'd be over to finish the job and we have my uncle's bank statement showing a large cash withdrawal (which he never does) and of course we still have the tree standing.... Read more »

James Polack
James Polack answered on Jan 26, 2020

You might consider Small Claims Court.

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1 Answer | Asked in Consumer Law and Business Law for Nebraska on
Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler
Julie Fowler answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question... Read more »

1 Answer | Asked in Collections and Consumer Law for Nebraska on
Q: A hospital did a procedure on me which was subsequently denied by my insurance. Now they are suing me to collect

I'm refusing to pay the bill because the hospital did nothing to help me appeal the case to my insurance company. The original amount was $7k which they reduced to $3k. Is the case worth fighting?

Tim Akpinar
Tim Akpinar answered on Jul 12, 2019

It could depend on the basis of the denial, provisions of your plan, and other factors. One option here could be to have an attorney who handles medical claims disputes review the file. They should be able to determine the viability and cost-effectiveness of defending the matter, since the second... Read more »

1 Answer | Asked in Business Law, Consumer Law and Lemon Law for Nebraska on
Q: I reside in Nebraska. I bought a car from a buy here pay herr as is no warranty. However, I don't want the car anymore.

I called and ask to speak to finance and the guy that sold me the car said he is finance. I understand that most have in house finance but is it legal to have a different business name associated with the same address as the dealership? They literally claim they are calling the finance company... Read more »

Julie Fowler
Julie Fowler answered on Jun 10, 2019

It is possible for a parent company to own both a car dealership and a financing company.

Unless the contract has a return policy, you can't generally return a used car after purchasing due to changing mind. If you can reach an agreement with the seller to allow the return, great....
Read more »

1 Answer | Asked in Consumer Law, Contracts and Juvenile Law for Nebraska on
Q: At what age do signers of a contract need to be in the state of Nebraska for the contract to be considered legitimate?

I was 18 when I agreed to the terms of a contract with an internet and phone company in Nebraska. I incurred debt with them and wonder whether or not I am legally responsible for upholding the contract I signed at the age of 18.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 9, 2019

Google Nebraska age of consent or age of majority.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Nebraska on
Q: Is Wal-mart's "Policy" of demanding receipts before exiting(without suspension) a violation of the 4th amendment?

I believe a similar case went before the Nebraska supreme court and Wal-mart lost.

Gary Kollin
Gary Kollin answered on Feb 28, 2019

4 Fla. A & M U. L. Rev. 1 (2009)

Big-Box Bullies bust Benign Buyer Behavior: Wal-Mart, Get Your Hands Off My Receipt

This article should answer a lot of your questions although it is 10 years old.

you can find cases and articles at

scholar.google.com

I...
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1 Answer | Asked in Criminal Law and Consumer Law for Nebraska on
Q: My car caught on fire whyll getting repaired at machanics shop his howl shop caught fire

He had no insurance and I had no insurance on the car not sure on what I need to do about the situation I had a lot of money in the car

Brendan Michael Kelly
Brendan Michael Kelly answered on Jan 24, 2018

You should try and sue in small claims and then try and collect on the judgment.

1 Answer | Asked in Products Liability, Car Accidents and Consumer Law for Nebraska on
Q: My girlfriend sold her car in the last year and bought a different car. The old car was abandoned. Are we liable?

We received a letter from LPD saying to ignore it if she is not the current owner anymore but we want to make absolutely sure that we cannot be charged for anything.

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Consumer Law for Nebraska on
Q: I payed down on a car something was wrong so i gave it back and asked for my money no response but the dealer sold it?
Ryan P. Sullivan
Ryan P. Sullivan answered on May 13, 2011

Have you received a refund for your down payment?

1 Answer | Asked in Consumer Law for Nebraska on
Q: I paid a restoration company to do work after smoke dmg- they did poor work; I short paid them, am i liable for the diff
Ryan P. Sullivan
Ryan P. Sullivan answered on May 13, 2011

The restoration company may file a lien on your property or may take you to court to recovery the balance due. You will have the opportunity to present evidence showing that the amount paid was satisfactory for the amount and quality of the work performed. In sum, they may sue you for the... Read more »

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