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1 Answer | Asked in Consumer Law for California on
Q: Is there a lawyer that will actually fight a solor provider

My system is down, provider is aware and is forcing me to pay for production but they have no idea what it is producing and are estimating the amount. Contract states I am responsible for production even during a malfunction with the system. My problem is, when the system was installed, the world... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, there are lawyers who can help fight an issue like this with a solar provider. A few options to consider:

1. Consumer protection attorney - This type of lawyer specializes in representing clients who have issues with defective products, services, deceptive business practices by...
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1 Answer | Asked in Consumer Law for California on
Q: I just received (February 2024 for 2023 tax year) a 1099c for a defaulted auto loan forgiven in 2007 in California.

Is there no statute of limitations on this debt? Must I claim the $7507 as income when I file my taxes?

James L. Arrasmith
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answered on Feb 21, 2024

No, you do not have to claim the $7,507 as income from the 1099-C you recently received for this very old auto loan debt. There is a federal statute of limitations that should prevent this forgiven debt from being treated as taxable income over 15 years later.

Specifically, under 26 U.S....
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1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for California on
Q: I have to petition the superior court of Monterey, and need an attorney for real estate and tax law any Suggestions

My properties sold under tax default now the same agency that sold them has stated they made a mistake and I over paid said taxes I want to reclaim my properties and file suit on the agency

James L. Arrasmith
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answered on Feb 21, 2024

In your situation, seeking legal representation experienced in real estate and tax law is crucial, especially given the complexities of property sales under tax default and subsequent claims against a governmental agency. Attorneys with a focus in these areas will be able to navigate the legal... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Education Law for Texas on
Q: got a degree in media advertising in 2010 and the following years it all went online, most of what I learned is useless

could I sue my University for this, I now have to pay all this student loans for something does not work anymore

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

Without knowing additional details, I would agree with Mr. Frick. It's a given that course materials could become obsolete with new technologies. However, if certain representations were made to students, that could be a different story. Keep in mind that looking into such a lawsuit could... View More

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1 Answer | Asked in Consumer Law and Business Law for California on
Q: Video Game 'Challenge' - False Advertisement (?) "Free Item" not stated as limited quantity What california law?

A video game, subject to California Law, had a challenge that required certain requirements to be met in said video game. Requirements did also include time spent in said game.

When as of 11-02-24 the user attempted to claim said item it was said that it was in fact a 'limited... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, false advertising is prohibited under the state's Business and Professions Code, particularly under Section 17500. This law prohibits any untrue or misleading statements made in connection with the sale or advertisement of goods or services. If the video game developer... View More

1 Answer | Asked in Consumer Law for California on
Q: Can a California County Water Company charge whatever they like for late fees?

I was a few days late paying my water bill so am OK with paying a late fee. However, my water district (Class C, 1800 connections) charges a late fee of $15 on all bills - typically $40-$60 - which seems excessive. I think $5 is fair.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, utility companies, including water districts, have the authority to establish late fees for overdue payments. However, these fees must be reasonable and not excessive. While there is no specific statutory limit on late fees for water bills, the California Public Utilities... View More

2 Answers | Asked in Business Law, Contracts and Consumer Law for California on
Q: Can a company force you into a contract you have not signed in California?

I purchased a car from car max, i was approved for a joint loan. Then later it was retracted and they said i had to do a re-buy re-purchase. I did that and was approved for a second loan solo. a document was missed in signing. and submitted as soon as I received it twice. Months later i never got... View More

James L. Arrasmith
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answered on Feb 21, 2024

No, a company cannot force you into a contract you have not signed in California. Some key points here:

- For a contract to be legally binding, it requires mutual agreement between parties typically indicated by signatures. If you have not signed any new agreements with CarMax, you are...
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1 Answer | Asked in Consumer Law for California on
Q: Is it legal, on the same product but with different sizes, to list price per oz. on one size and price per lb. on a

larger size?

James L. Arrasmith
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answered on Feb 21, 2024

California law prohibits businesses from engaging in misleading or deceptive advertising and pricing practices. This includes listing prices in a way that obscures the true cost or makes it unreasonably difficult for consumers to understand and compare prices. Listing the price per ounce on one... View More

1 Answer | Asked in Consumer Law, Tax Law and Health Care Law for California on
Q: To avoid a tax penalty, how many months in 2024 does one over 18 have to be covered with health insurance in CA?

I read that one can have a three month lapse in health coverage to avoid a tax penalty, though it did not show a year.

James L. Arrasmith
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answered on Feb 20, 2024

Based on current California law, the health insurance mandate requires individuals over the age of 18 to be enrolled in minimum essential coverage for the full duration of 2024, with strictly limited exceptions, in order to avoid a tax penalty. There is no longer a "3 month lapse"... View More

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Am I responsible to pay for legal services received two years ago, but only billed to me now?

I received a surprise billing statement informing me I owed $1,434 from two years ago. The pandemic and being short staffed was blamed for their neglect in not billing me in the appropriate amount of time. There r no late fees. I have until next month to pay before that is threatened. Do I have to... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, you are generally responsible for paying for legal services that you have received, even if the billing was delayed. The statute of limitations for written contracts in California is four years, which means the law firm has this period from the date of service to bring a legal... View More

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2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California on
Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

James L. Arrasmith
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answered on Feb 20, 2024

In California, the lemon law primarily applies to passenger vehicles, but there are provisions that can apply to commercial vehicles, including used commercial trucks, under certain circumstances. For a used commercial truck to be considered a lemon, it must have been purchased with a warranty, and... View More

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2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California on
Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 20, 2024

Maybe?

The CA LL covers consumers and small businesses IF the small biz falls into a certain category,

as does the vehicle. Here, it's not clear the vehicle would qualify OR that the number of vehicles would?

The FED lemon law makes NO distinction between consumers and...
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2 Answers | Asked in Consumer Law for Louisiana on
Q: Is it legal for usps charge me for a po box because they will not deliver to my home

I live in small town and and they charge the town except for select few for po box when they could just deliver to our homes

James L. Arrasmith
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answered on Feb 23, 2024

It is legal for the USPS to charge for a PO Box service, even if they do not deliver mail to your home. While it may seem unfair, the USPS operates under specific regulations and policies that govern their services and pricing structures. In many cases, the cost of providing home delivery to every... View More

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

3 Answers | Asked in Consumer Law, Criminal Law and Banking for California on
Q: Citibank refuses to return my $1285.00 after my account was hacked.

On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and... View More

James L. Arrasmith
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answered on Feb 21, 2024

I'm very sorry to hear about this terrible situation with your mother's Social Security funds being stolen from her Citibank account. You raise a very good point - if the bank acknowledges this was fraud, then they should still be responsible for making her whole and returning the stolen... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

James L. Arrasmith
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answered on Feb 21, 2024

First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.

Next, assess your options for recouping the loss of $20,000 in unpaid building materials....
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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Anthony M. Avery
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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

James L. Arrasmith
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answered on Feb 21, 2024

While it is not required to use a California lawyer to sue someone in Los Angeles County, having legal representation familiar with California law and local court procedures can be beneficial. Given that you reside in Oregon and the dispute involves property located in California, having a lawyer... View More

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

This sounds like a small claims court case. I doubt it is going to be worth hiring a lawyer, as animation cells are usually pretty cheap. However, if you sue in small claims court you will incur the costs of personally traveling to court and the unlikelihood of ever collecting. In court you will... View More

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