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1 Answer | Asked in Consumer Law for Michigan on
Q: sued for my car loan. car was not repossessed but has a kill switch. it can not be started. what can I do with car?
Adam Alexander
Adam Alexander
answered on Aug 31, 2024

I don't know a lot about a kill switch, but I suspect it can be removed. I've had clients sued for not making car payments and the creditor doesn't even want the car. They just want the money. But I digress. Your only question is what to do with the car. I would need more... View More

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Maryland on
Q: What legal recourse do I have under the lemon laws for MD?

I purchased a 2013 650I BMW from an Annapolis MD dealership in or around 7/2022 which unbeknownst to me was a lemon. To my surprise, I learned during a service call for an oil change in 6/2024 that the vehicle which has been driven minimally as a result of me working from home during the pandemic... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

While it is frustrating to have significant repairs on a vehicle you recently purchased, a used vehicle that is 9 or 10 years old does not have the same warranties as a new car.

Maryland's "lemon law" applies to a NEW passenger car, light truck or motorcycle that has...
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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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1 Answer | Asked in Consumer Law for Virginia on
Q: Can I sue a company that keeps billing me after I pay them?

Called several times and faxed showing where I have paid them. They tell me it will be taken off. But then I get another bill

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Virginia attorney could advise best, but your question remains open for a week. Unless things get out of hand with aggressive collection efforts, it probably isn't worth your trouble and expenses to bring in an attorney to sue in such a situation. The usual first step could be a letter from... View More

1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Pennsylvania on
Q: If trustee is also POA and I'm suing the trustee, can the settlement agreement involve POA stipulations?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 26, 2024

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More

1 Answer | Asked in Consumer Law and Child Support for Texas on
Q: Question about Texas attorney general and reporting child support to the credit bureau.

Is it legal for the attorney general in Texas to report child support as late or delinquent randomly or prior to the date that the payment is ordered to be made?

Let's say payment is due the 24, and is paid. The next month on the 24 is missed, and within a month they report you as 30... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Texas OAG is required by law to report child support to the credit bureaus. If they made a mistake, you can file a dispute with the credit bureau to have the mistake corrected, just like with any other creditor. I note that child support is almost always due on the first day of each month.... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for Georgia on
Q: customer wants deposit back after canceling job half way done

Received a 720 dollar deposit that i used to purchase materials ,also worked on site for 5 hrs and off site for 2 hrs , I charge 120hr

irrigation repair

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for a month. I'm sorry this was done to you after your hard work. If push comes to shove and the matter finds its way into court, a local attorney would need to advise of the full range of contract defenses that avail... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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2 Answers | Asked in Consumer Law, Estate Planning and Tax Law for Colorado on
Q: Hello I am trying to turn my LLC into my holding company which means I need to file Articles of Cooperation and a 2553?

Just formed my LLC and want it to be the holding company and an S corp what do I need to file and in what order?

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

I mostly concur with the earlier answer provided to your question above. Here is my response with a few more notes

1) Use Your LLC as a Holding Company: Structuring your LLC to act as a holding company simply involves using it to own other businesses or assets. You don’t need to file...
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1 Answer | Asked in Consumer Law for Washington DC on
Q: Altantic Energy MD LLC hire peoples knocks on people's door claim they can lower your utility bill still you account no.

Go back they switched people over without you knowing it. I cannot afford lawyer I have three kids oldest in college and my light been off over month and gas about off and to hot we can't stay my apartment this this company committed fraud if check into not only they this too.I just want my... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

A Washington DC attorney could advise best, but your question remains open for a month. If your issue hasn't been resolved yet, your first and least expensive option could be to reach out to the Public Service Commission of the District of Columbia. Nationwide, public service commissions... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Maryland on
Q: How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001

How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001 filing is as strong as possible?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Maryland attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the general manner of challenging an undervaluation could include presenting evidence in the form of comparable listings within a given region, an... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Rental agreement for bottle water being overchargedcharge a paper statement service fee for them to mail me a bill

So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.

Why the extra dollar did they use a bait an switch

On top of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Am I able to break a financing contract with a dealership if the car they sold me is having continuous problems?

I purchased it May 13th, however, I was told it wasn’t ready. It had to have a new radiator and tires put on. When I went to pick it up they lost the keys. I had to come back 2 days later to get the car. I drove it for less than a day and the engine light came on. And it was making a loud humming... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Is this a new or used auto? If new, you should consider your options under the "lemon law". If used, you need to see about your warranty protections, if any.

Aside from those options, your financing has nothing to do with your car problems. The bank provided the loan to you for a...
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3 Answers | Asked in Consumer Law, Personal Injury and Business Law for California on
Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance... View More

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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Oregon on
Q: Farmers insurance allowed someone to call n cancel my auto insurance without my permission. Do I have legal recourse?

I was at a car dealer 50+ miles from home to buy a car when I found out it was canceled. I drve not know I was uninsured. I was at risk legally n physically had I had an accident. They said someone called n canceled it but it wasn't me. They had the phone number. Not mine or my wife's.

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

An Oregon attorney could advise best, but your question remains open for a week. Depending on how defined by the consumer laws of your state, your situation could be a privacy breach - a local attorney should advise on available remedies there. But from a practical standpoint, the standard for... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for Washington on
Q: In small claims, what if all evidence was not presented to defendant will judge still hear the case?
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Washington attorney could advise best, but your question remains open for a week.

The short answer is that it could depend on the judge and how material to the issue at hand the missing evidence is. As a general rule nationwide in small claims, the court is not likely to grant the same...
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1 Answer | Asked in Consumer Law for New York on
Q: I was approved for a loan. The company received money directly. I never received the procedure and I canceled In time

But still being held responsible for loan payments. Can I fight this ?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

You mention a procedure, so presumably, the loan company paid a doctor. Did you forget to tell the loan company you canceled the procedure with the doctor's office? Either way, you said you canceled "in time," so, if the doctor accepted the payment - even though you were not... View More

3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

Addendum - the burden of proof is on them to demonstrate that it was you who was there. Still, try to get that video - video footage almost always wins over eyewitness accounts. Eyewitness accounts are recognized by courts to have their shortcomings. Good luck

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

As my colleague advises, try to obtain that surveillance footage. It would be good to try to get a copy without further delay. If the resolution is good enough for facial recognition, that could be irrefutable evidence in your favor. Good luck

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