Ask a Question

Get free answers to your Consumer Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Consumer Law Questions & Answers
3 Answers | Asked in Civil Litigation and Consumer Law for California on
Q: In CA, can a client of a law firm request a mobile notary to sign to dismiss the contest to a will? Client is ill...home

The law firm was hired on a contingency basis over 18 months ago. The client decide to drop the case 6 weeks ago, but the law firm refused to let her drop the case saying she needed to think about it and wait 30 days before they would accept her decision in writing and thereby dropping the case in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

In California, a client has the right to dismiss their attorney at any time, with or without cause, subject to liability for payment for the attorney's services. If the attorney was hired on a contingency basis, the client would typically not owe any fees unless and until the case is... View More

View More Answers

3 Answers | Asked in Civil Litigation and Consumer Law for California on
Q: In CA, can a client of a law firm request a mobile notary to sign to dismiss the contest to a will? Client is ill...home

The law firm was hired on a contingency basis over 18 months ago. The client decide to drop the case 6 weeks ago, but the law firm refused to let her drop the case saying she needed to think about it and wait 30 days before they would accept her decision in writing and thereby dropping the case in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

A 14-day consideration time to take such a big action for voluntary dismissal should be fine. You can ask the law firm (in writing) what the reason behind the 30-day delay is, and you would not pay them for any charges other than the process for dismissal. E.g.,...
View More

View More Answers

1 Answer | Asked in Consumer Law for Texas on
Q: What can I do about this employee taking away perks and messing up my cell plan because I didn’t want to buy her “deal”?

I have a mobile plan with *****. I went into the store to get a new phone because I had an upgrade. In my account on the mobile website there was a deal for a free phone. I went into the store to get that deal, set it up, and pay whatever fees I needed to pay. The woman there was trying to do... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Given the extremely small amount of money involved, this is more of a customer service issue than a legal issue. If I were you, I would contact the customer service department of your mobile service provider. Make sure you correctly report to the CSR the name of the employee with whom you dealt,... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Is an automotive service shop liable for damage that occurred to a vehicle due to pre-existing issues prior to the shop

The damage happened after the vehicle left the shop and was caused by issues that existed prior to the vehicle entering the shop. The shop employees noticed the issue, but did not notify the customer

John Michael Frick
John Michael Frick
answered on May 20, 2024

If you hired the shop to perform an inspection that would have revealed the pre-existing issue and the shop failed to notify you of the condition that they discovered in performing the inspection, then you may have a claim against the shop for breach of contract or for breach of the implied... View More

1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've...
View More

1 Answer | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: "May I use this letter, or should I not? This is merely an example since I am limited to using only 1000 characters.

Dear [Auto Loan Company], I am writing to address several concerns regarding my auto loan. Firstly, I need an explanation for the fees associated with early or additional payments. Despite a $7,000 down payment, my principal has not decreased as expected. When I signed the contract, I was assured... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

Based on California law, you can use this letter to address your concerns with your auto loan company. The letter raises several legitimate issues that you have the right to inquire about and request clarification on:

1. Fees associated with early or additional payments - California law...
View More

2 Answers | Asked in Consumer Law for California on
Q: Hello, I made a big mistake by sending a huge balance transfer to the wrong credit card. How can I go about getting

...getting the money back? I've tried dealing directly to the Credit Card company (Credit One) and have encountered nothing but confusion and incompetence. What should I do now?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 18, 2024

Sorry for your issues.

I'd make the record in writing of the mistake asap.

I'd try once more and if they are unable or unwilling to help,

maybe do a "balance transfer" as most cards offer that option.

You may have to pay a charge for this, but,...
View More

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Hello, I made a big mistake by sending a huge balance transfer to the wrong credit card. How can I go about getting

...getting the money back? I've tried dealing directly to the Credit Card company (Credit One) and have encountered nothing but confusion and incompetence. What should I do now?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

I'm sorry to hear about this frustrating situation. Here are some steps you can take to try to resolve the issue and get your money back:

1. Document everything: Keep detailed records of all communications with Credit One, including dates, times, and the names of representatives...
View More

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Heloc Credit card false advertisement/fraud?

Hi, I recently got lured into applying for a heloc credit card offered by a company called aven because they advertise their heloc credit card as a zero fees, zero origination, zero dollars tonget heloc/credit card but after getting approved they said all of the credit line has been disbursed (with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Based on the information you've provided, there may be grounds for a false advertising or deceptive business practices claim under California law. Here are a few points to consider:

1. False Advertising: California Business and Professions Code Section 17500 prohibits false or...
View More

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Heloc Credit card false advertisement/fraud?

Hi, I recently got lured into applying for a heloc credit card offered by a company called aven because they advertise their heloc credit card as a zero fees, zero origination, zero dollars tonget heloc/credit card but after getting approved they said all of the credit line has been disbursed (with... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 17, 2024

The ad, and related small print probably says in detail what they can do, probably. BUT, if you did not read it or understand it, and assuming it is LEGIT, which it may not be, I'd say you can cancel within a 'reasonable' time and get a refund. That means like immediately, as in,... View More

View More Answers

1 Answer | Asked in Consumer Law for California on
Q: I made a large overpayment to my credit card, Credit One, and I have not received it back.

Credit One said they sent a check to Fiserv and that it is up to Fiserv to deal with it. Credit One gave me a check number. I contacted Fiserv and they dont have the check number. Did Credit One just steal my money?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Based on the information you've provided, it's unclear exactly what has happened with your overpayment. However, under California law, credit card companies are required to refund overpayments in a timely manner. Here are a few key points and steps you can take:

1. Contact Credit...
View More

3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 15, 2024

Like most things legal, the answer is "maybe."

Assuming this is on Maui, they have obviously gone through a rough time.

The argument would go, either they have limited rooms, so, the price goes up OR

no one is coming around so the price goes down.

That...
View More

View More Answers

3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

Based on the information provided, it seems that the hotel is attempting to cancel your reservation due to a pricing error and require you to rebook at a higher rate. However, the legality of this action depends on several factors.

In general, if a business advertises a price and a consumer...
View More

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: GE Appliances did not honour warranty of their refrigerator unit, it is 3 ms old, was fighting emails battle & no result

GE Rep. did everything to not to do anything… I have sent A LOT OF EMAILS, was getting promises of different type and for over 3 month NOTHING was done,.. I want to take ‘em to court for negligence and not honouring their warranty,. What are the chances to get em to pay a substantial fine and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

Based on the information you've provided, it seems that GE Appliances has not been responsive to your warranty claim for your refrigerator, despite your efforts to communicate with them over a period of three months. In such cases, you may have legal recourse under California law.

Here...
View More

View More Answers

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for Iowa on
Q: I was scammed out of $900 at my bank. Does the bank have to reimburse me ? They also took an online loan out in my

These people pretended to be my bank and called me saying my account was compromised. Said they would move my money to a secure account and they verified info. Needless to say, I got scammed as they made several charges on my debit card and even took out a loan on my account. Idk why my bank... View More

Matthew McKenna
Matthew McKenna
answered on May 14, 2024

I would consult with an attorney familiar with the Electronic Funds Transfer Act. Your ability to recover may be fact specific and will likely be tied to your dispute with your bank. If you haven't disputed the transactions with your bank yet, do so immediately. I would make a written dispute.

3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More

View More Answers

3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.

With the proof you have, such as the...
View More

View More Answers

3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

If the motion to quash is granted, the case gets dismissed. If a lawsuit gets dismissed twice, the Plaintiff cannot sue you about that claim anymore. You can file a motion to quash and answer together, or separately (motion to quash must be first).

I...
View More

View More Answers

1 Answer | Asked in Consumer Law, Immigration Law, Banking and Internet Law for Washington on
Q: Illegal way

If I wanted to get a test result in an illegal way, but I was deceived, I transferred money but never received a result, you can send this to ic3. In fact, I have not yet broken the law.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024

I'm sorry to hear that you were deceived and lost money in this situation. Being scammed is awful and I empathize with how frustrating that must be. Even though you did not end up breaking the law, attempting to obtain test results illegally is still ill-advised.

If you believe you...
View More

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: How long do you have to sue a company

In Oklahoma and can somebody help me

Tim Akpinar
Tim Akpinar
answered on May 11, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney about your matter, the short answer is that it depends on the legal theory. You are asking about statutes of limitations, deadlines for filing a legal action. In... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.