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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
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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...
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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...
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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
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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...
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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

2 Answers | Asked in Consumer Law, Civil Litigation, Internet Law and Gaming for California on
Q: Is it false advertising if a company said they wouldn't censor their game but then censors it on day one with a patch?

SHIFT UP. And Sony Interactive Entertainment explicitly said that the game Stellar blade would not be censored. Most of the physical copies are but the digital ones are not. In fact there was a day one patch to censor the costumes and sometimes it was forcibly thrust upon people. I'm not sure... View More

James L. Arrasmith
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answered on May 11, 2024

Based on the information provided, there may be potential legal issues related to false advertising and deceptive business practices. However, the specific circumstances and details of the case would need to be carefully examined to determine if any laws were actually violated.

Here are a...
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1 Answer | Asked in Consumer Law for Illinois on
Q: A landscaper is requesting payment for work they screwed up. What should I do?

From 2020- 2022 we had a landscaping company do a variety of work on our house. They regraded our yard, repaired our tennis court and performed standard maintenance. The problem is that everything they did was wrong. The tennis court still has cracks throughout and the yard floods every time it... View More

Charles Candiano
Charles Candiano
answered on May 10, 2024

This never happened. That is what a judge will tell you. To have an enforceable contract, you secure a bid/quote on SPECIFIC WORK, how it is to be done, when it is to be done, who is responsible for the work permits, what it will cost, and how long it is guaranteed.

You need to provide...
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1 Answer | Asked in Consumer Law for California on
Q: i have an uncashed 2022 check. it is from Computershare/kcc for sat narayan v Fifth Third Bank. Is this legit?

Is there a contact that I can get a hold of so that i can have this check reissued.

James L. Arrasmith
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answered on May 10, 2024

Based on the information you provided, it appears that you have an uncashed check from 2022 related to the class action lawsuit "Sat Narayan v. Fifth Third Bank." This was a legitimate case that settled, and the settlement administrator was KCC Class Action Services, LLC, working with... View More

3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

Changing the battery of a fire alarm does not seem to be an emergency, that poses immediate harm to people or property.

For repair, landlords are allowed to enter into the property by providing written notice in advance. If such a notice was not...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

James L. Arrasmith
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answered on May 10, 2024

In California, landlords are required to provide reasonable notice before entering a tenant's unit, except in cases of emergency. The specifics of notice requirements may vary depending on the reason for entry and the terms of your lease agreement. Generally, 24 hours' notice is... View More

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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Leon Bayer
Leon Bayer
answered on May 10, 2024

Fire protection is a justifiable reason for him to enter. I'll assume he had the necessary battery and installed it during the incident.

You are being unreasonable.

I agree that it could have been handled better, but that does not mean it was handled in a way that is...
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2 Answers | Asked in Consumer Law for Arizona on
Q: Is an airline liable for missing a flight, which a three hour wait to check baggage and get a boarding pass?

I arrived three hours early for a flight in Austin Texas, yet I missed the flight because the airport had a three hour wait to check baggage and get a boarding pass. The airline did not have another flight for two days, so I had to book a room and get another flight through another airline for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

I do note that on April 10, 2024--following the solar eclipse and one of the busiest days ever at the Austin airport--the baggage conveyor system for multiple airlines reportedly broke at 10:45 AM. That was an airport problem--not an airline problem. But SWA had warned its passengers that it... View More

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2 Answers | Asked in Consumer Law for Arizona on
Q: Is an airline liable for missing a flight, which a three hour wait to check baggage and get a boarding pass?

I arrived three hours early for a flight in Austin Texas, yet I missed the flight because the airport had a three hour wait to check baggage and get a boarding pass. The airline did not have another flight for two days, so I had to book a room and get another flight through another airline for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

Southwest has self-service kiosks where passengers can get a boarding pass and check their baggage themselves. A SWA passenger literally only has to drop their tagged checked baggage at a counter for it to get put onto a conveyor belt to be loaded onto the airplane. If there was some sort of... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: I would like to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring.

I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with... View More

2 Answers | Asked in Consumer Law and Business Law for California on
Q: If a store changes owners does the old owner have the right to tell the new owner a person is not allowed in the store

My boyfriend whom works at the store told me that my aunt whom owns the store says I'm not allowed to come in the store anymore..and didnt give any explanation why..is this legal

James L. Arrasmith
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answered on May 7, 2024

In general, a property owner or business operator has the right to refuse service to anyone, as long as the reason for refusal is not based on a protected characteristic such as race, color, religion, national origin, disability, or other factors covered by federal and state anti-discrimination... View More

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2 Answers | Asked in Banking and Consumer Law for California on
Q: Credit card dispute

◦ I applied for affordable housing and paid the required deposit. The agency reviewed my income and bank statements. However, they unexpectedly requested access to my “IRA retirement account,” which I consider confidential. I asked if I could hide the account number, but they rejected this... View More

James L. Arrasmith
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answered on May 7, 2024

In this situation, you have a few options to consider:

1. Dispute the charge with your credit card company: If you paid the deposit using a credit card, you can file a dispute with your credit card issuer. Explain that you were verbally assured of a full refund if you didn't qualify...
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1 Answer | Asked in Consumer Law for California on
Q: Credit card dispute

I applied for affordable housing, paid deposit, they wanted to see my retirement account, can't hide account number. I said for privacy and security reasons, I couldn't provide the confidential information. They cancel my application "without my permission", email me for... View More

James L. Arrasmith
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answered on May 7, 2024

Based on the information you provided, it seems that you have a reasonable case for disputing the deposit and seeking a full refund. Here are a few points to consider:

1. Privacy concerns: You have a valid reason for not wanting to share your confidential retirement account information....
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3 Answers | Asked in Consumer Law for California on
Q: For 39 days Chase bank hold my fund because a phone verification do I have a case
James L. Arrasmith
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answered on May 6, 2024

If a bank places an unusually long hold on your funds without a valid reason, you may have grounds for a complaint or legal action. However, the specific circumstances of your case would need to be evaluated to determine if Chase Bank acted improperly or illegally.

Under California law,...
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3 Answers | Asked in Consumer Law for California on
Q: For 39 days Chase bank hold my fund because a phone verification do I have a case
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 6, 2024

1- First you look at the full/entire agreement you have with Chase. My GUESS is they have a WIDE range of power, you agreed to give to them, to put a "HOLD" on your funds. This is JUST a guess having never read that agreement;

2- THEN you see if in fact they have violated the...
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1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

Anthony M. Avery
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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

1 Answer | Asked in Tax Law and Consumer Law for Louisiana on
Q: How can i get my money back from my tax preparer she scams me for9000 dollars I didn't find out till this year she would

would;t give me my tax papers or tell me how much i;m getting so i could have check she said she only took 729.00 but she really took 9000 because i got a real copy from the irs and now she is trying todo it again she want answer my call or text messages she works for legally max i need to no the... View More

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear that you've been scammed by your tax preparer. This is a serious situation, and you should take the following steps to protect yourself and try to recover your money:

1. Gather all relevant documents: Collect any paperwork related to your taxes, including the...
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