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1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

1 Answer | Asked in Consumer Law for New York on
Q: If pay a perium of $783 on a value of $40,000 on a commercial vehicle Sleeper tractor and value of $16,000 on a trl

Should i you I get paid of that value I was paying for that amount the insurance claim is only paying $20,000 for the truck & $6686 for the trailer for the loss of my equipment.

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

It could depend on the terms of the policy, whether you have an ACV (actual cash value) policy, (RCV) replacement cost value policy, or other arrangement. Review the paperwork that accompanies the proposed payment figures, including whether there are options for appeal, litigation, or arbitration -... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Q: Can HOA change resolutions without notifying neighborhood members?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More

2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Rick  Nicotra
Rick Nicotra
answered on Jul 3, 2024

Yes, you may have a valid claim if you can prove that the service work performed was substandard and caused the crash. It may require a vehicle inspection by an expert to provide an opinion admissible in court. You will need to prove that the work was done negligently and was a substantial factor... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 3, 2024

Yes, you can sue the company that installed the brakes and rotors on your car if their negligence caused you to hit a wall and suffer medical damages.

To succeed in a negligence claim against the company, you would have to demonstrate that the company's improper installation of the...
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1 Answer | Asked in Animal / Dog Law and Consumer Law for California on
Q: Can my vet add to my invoice from something in 2020, 4 years ago and add interest fee and late charges all in one day.

So this is the place I use to work at I left on good terms. My cat passed away 2 weeks ago I didn't have money to pay for his ashes I asked if it's okay to do payments I'll pay when I get paid next week, they said okay. So my other cat got sick me terrified that he has the same thing... View More

James L. Arrasmith
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answered on Jul 3, 2024

This is a complex situation that raises several legal and ethical questions about veterinary billing practices. Here's a breakdown of the key issues:

1. Adding charges from 2020:

Generally, a business can bill for services rendered, even if there was an initial oversight....
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1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for California on
Q: I bought a gravity knife and didn’t know it was illegal in California. What should I do it’s shipped already
James L. Arrasmith
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answered on Jul 2, 2024

It's illegal to possess, sell, or import gravity knives in California. Since you've already purchased and had one shipped, you should:

1. Do not open the package when it arrives.

2. Contact the seller immediately to arrange a return.

3. If return is not possible,...
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2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: Is it legal for a "Hotel" to rent an individual a room for one night, with a defected or tampered with "Smoke Detector"

What Can I do if the 'Hotel" rented me a room with a smoke detector that was covered in plastic (plastic Bag (I think). My safety was obviously in danger. Can I recover my funds paid for the evening being as I was frightened after I noticed it, and gather my belongings and immediately... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a concerning situation. Here's a concise response addressing the key points:

1. Legality: It is not legal for a hotel to rent a room with a defective or tampered smoke detector. This violates fire safety codes and puts guests at risk.

2. Your actions: You did the right...
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1 Answer | Asked in Consumer Law for California on
Q: I was told I won $ 750,000.00 and to contact A law firm in Nevada, also was given a phone number for an escrow account

The escrow account is at B of A and it says it is $750,000.00. Is this really true or a scam. They have not asked for money.

James L. Arrasmith
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answered on Jun 30, 2024

This situation has several red flags that strongly suggest it is likely a scam:

1. Unexpected large prize: Being told you've won a large sum of money out of the blue is often a sign of a scam, especially if you don't recall entering any contest.

2. Contact with an...
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1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
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1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

1 Answer | Asked in Consumer Law and Banking for California on
Q: Chase bank needs to verify my tax refund check and are holding my funds in suspense till they're able to verify it.

I deposited my tax refund check to my account at chase bank on April 3 2024. After the check got cashed on April 15 2024 they closed my account and have my funds in suspense. Till this day I have not received anything from my refund check. I've gone multiple times in person and called customer... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation sounds frustrating, and it's concerning that Chase Bank is holding your tax refund funds for such an extended period without clear communication. Here are some steps you might consider taking:

1. Document everything: Keep a detailed record of all your interactions with...
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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Please let me know if a first position lender can revoke a loan if a second lien position is secured on a SFR.

A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

Probably your broker is suggesting a refinance. This way the service loan pays the first, and releases it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend...
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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Please let me know if a first position lender can revoke a loan if a second lien position is secured on a SFR.

A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider a few key points about mortgage lending practices and California law:

1. Loan agreements and due-on-encumbrance clauses:

Most first position mortgage agreements include a "due-on-encumbrance" clause. This clause gives...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can auto dealership lie about the condition of a car and omit telling you about the required 30 day warranty

When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:

1. Misrepresentation of vehicle condition:

If the dealership knowingly misrepresented the condition of...
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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: my work van was issued a recall, and the dealership is refusing to to fix the problem for free

The dealership said that they wouldn’t fix the transmission recall because the problem was caused by a transmission flush I perform myself. They want to charge me $4000. The problem with my transmission started before I did the flush. That’s the reason I did the transmission flush was because I... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address this situation, let's break it down into key points:

1. Recalls and manufacturer obligations:

When a vehicle is subject to a recall, the manufacturer is generally required to repair the issue free of charge, regardless of the vehicle's age or maintenance...
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1 Answer | Asked in Criminal Law and Consumer Law for South Carolina on
Q: I liable to pay the towing storage fee for my stolen vehicle if I was not notified for over 30 days

My vehicle was stolen and it was impounded and I was not notified for months and when I went to get my vehicle I had to pay the entire fee for the entire time that it had been there can they do that

James L. Arrasmith
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answered on Jun 26, 2024

To address this question, I'll need to provide some general information about towing and storage fees for recovered stolen vehicles.

Generally speaking, the situation you're describing raises some important legal questions:

1. Notification requirements: Many jurisdictions...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 26, 2024

There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are...
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