Iowa Consumer Law Questions & Answers
Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).
I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... Read more »
If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on the fee... Read more »
Q: Walmart is searching customers after they've paid, as they try to leave the store.
I don't need help, BUT.... I’m in Iowa. Lately, I've gotten into heated arguments w/”Greeters" at several different Walmarts in three different towns, after seeing them stop customers & SEARCH through their items that have already been paid for as the shoppers attempt to leave the store.... Read more »
Here is a law review article from 2009 discussing this issue
http://commons.law.famu.edu/cgi/viewcontent.cgi?article=1079&context=famulawreview
Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?
If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.
Q: I bought a vehicle from a dealer and the transmission went out in it after 5 days of ownership.
What kind of attorney do I need to hire?
You need an attorney that practices consumer fraud law. Specifically, Iowa Code 714H, Iowa's consumer fraud statute, is probably your best bet.
Q: Can you sue in small claims court for money and the termination of a contract on a car?
I was sold a car and the dealership committed fraud and lied in their contract. The contract is worth 18,000. I want to retrieve $5,000 from them and also want the debt of the contract to be gone. Can I do this if the small claims court max is $5,000?
If you have good evidence of fraud, there's no reason to limit yourself to small claims court. You should instead pursue a claim in regular district court under Iowa's private consumer fraud act, Iowa Code Chapter 714H. I have information about that law on my website. Iowa Code Chapter 714H... Read more »
Q: What are my options concerning a credit hit I took for my ex wife not paying her vehicle loan?
We both signed, and a judge signed, the stipulation for our divorce, and it literally states "(she) shall be awarded the 2012 Cruze automobile free and clear from any claim of (me) and she shall assume any indebtedness thereon, holding (me) free from any liability thereon".
2 years later,... Read more »
You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.
Q: Iowa - Is it illegal to record personal phone calls without the other persons consent?
I have an app on my phone that records all my phone calls. I've recently been harassed and threatened. Can I use those recorded calls in court even though I didn't have the other persons consent or knowledge of the call being recorded?
Generally speaking so long as one person to a conversation has given permission, the call can be recorded. If recordings are legally obtained, so long as there is not another reason, the evidence is admissible.
Q: Bed bug infestation from rental furniture do I have a case
I noticed what appeared to be a rash on Monday June 26, by Friday I was itching all over. I was sitting on the floor in the bed room and this bug crawled across my dark pants, I killed it, looked it up on the internet, it looked just like a picture of a bed bug. I called the apartment manager and... Read more »
Yes, but it's on you to prove the bed bugs came with or from the furniture and not from a guest, etc.
Q: I was not given any advance notification that my attorney was leaving the law firm, is this acceptable?
I retained an attorney in Iowa (I live in Montana) to represent me in a real estate matter concerning property in Iowa, in March 2016. I have sent a $12,500 retainer, and about half of it has been spent. Today I was informed the the attorney has left that firm and another attorney is picking up... Read more »
You should have been told in advance, but if there was an emergency--illness etc--then advance notice need not be sent.
As they have your file assuming things are moving along, you need to speak with them find out what their background is what their plans are etc.
Q: At work we have a bad roach infestation. Can I get in trouble for reporting them?
Last time I worked a coworker opened a box to find 5 roaches and they ran everywhere possibly even on the food that was going out. They refuse to bring in an exterminator and they only use roach traps. They say they do have an exterminator come but I fail to see why we have such an infestation if... Read more »
What do you mean by "trouble?" What you need to do is go see a labor lawyer for the specifically tailored legal advice that you need.
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