Get free answers to your Consumer Law legal questions from lawyers in your area.
The dealers paperwork was off by 700 miles. What recourse do I have? thanks
answered on May 20, 2019
Go back to the dealership and have them amend the lease contract to state the correct number of beginning miles.
answered on Mar 18, 2019
The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than... View More
answered on Mar 14, 2019
The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do... View More
Wife passed in Aug 2018...now Considering Bankruptcy to settle medical bills from Leukemia
Low income -now unemployed
58yr old widow in Poor health now struggling to find work compatible with health conditions.
answered on Mar 11, 2019
The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount.... View More
answered on Mar 3, 2019
The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.
Home flooded last year wasn't aware of court date. It a he saiid she said. I lost since I wasn't at court date. Received sherrifs judgment against personal property. I am a single mom of 2. Made $20,000 last year because of the hurricane. I rent. All I have are household items. Can... View More
answered on Mar 3, 2019
A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.
The sheriff will ask you to pay the judgment,... View More
answered on Jan 20, 2019
Many car dealerships hold titles and have payments made directly to them. This is more common when purchasing a used car than a new car. There is nothing illegal or improper with the car dealer holding the title and taking payments provided that the dealer has properly registered his loan... View More
answered on Jan 10, 2019
Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a... View More
answered on Oct 17, 2018
I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do... View More
Is there a statue of limitations for this type of debt.
answered on Jul 11, 2018
There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on... View More
The homeowner is 2 payments behind
answered on Jul 5, 2018
No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.
The... View More
In SC, what happens if I don't respond to this? Or, I cannot reach a payment agreement with the debt collector? I have military retirement, military disability and my normal pay from my job. I own no property in the county in which I was served. Thank you.
answered on Jun 21, 2018
If they sue you and you don’t respond, they get a judgment against you for everything theywant. Your military retirement and disability are exempt from seizure, but your normal pays not and can be garnished. Contact a local attorney to negotiate a payment arrangement for you.
If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.
answered on Jun 14, 2018
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's... View More
2 days later it's always dripping and we weren't informed about a lot of hidden details about it. Can they charge us this money to take out the system?
answered on Jun 12, 2018
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.
If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed... View More
Agreement with debt collector was made Aug 2016. They put a judgement/lien against my home Nov 2016. Can they legally do that after I was paying and still paying 18 months later? They take it out of my account automatically. I looked on the county clerk website and it states there was an ADR listed... View More
answered on Mar 26, 2018
The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)... View More
He retired a few weeks ago. When should I expect my entitlement? Richardeen Shine , rshine1@netzero.net
answered on Mar 5, 2018
I cannot be sure of the correct answer. There are many different possible responses. You may be entitled to a lump sum from your ex-husband's retirement account. If that is correct, you will have to contact the plan administrator yourself as your husband may no longer have an ownership... View More
answered on Feb 20, 2018
South Carolina has never allowed drive-through alcohol sales and it would take a change in the ABC Regulations to accomplish this. It is not believed that there is a chance such a rule would pass as the Mothers Against Drunk Drivers would come out in force to stop what they believe would encourage... View More
I’m financed through ally bank and they are giving me a hard time with making an extra payment just toward my principal. They are tacking in interest for the month again. By law am I able to make just a principal payment without interest? And why is my payout higher than what is left on the car?... View More
answered on Feb 13, 2018
You need to review the note and related documents. Under a standard amortization, you can make payments to principal.
If your loan was financed using the rule of 78's, then, you cannot pay principal as you are asking.
If the loan is a simple interest loan, you are charged... View More
1000.00 or so. Car hasn't been used in years, really need title, please help!!!
answered on Jan 29, 2018
You must not have paid the interest on the loan from what I can understand of your question. You can go to the company and offer them something for the title and they may be willing to take that amount. The title company does not have to accept any amount.
Do not make the offer in writing... View More
Have documented responses from ZILLOW- they acknowledge deficiencies in their "systems" but refuse to take corrective action. WILDLY varying "Zestimates" in similar, side by side properties - and NO coherent response?? ZILLOW penalizes diligent homeowners who properly... View More
answered on Aug 24, 2017
I don't see it--it's an estimate. They can use whatever metrics they want. If you feel your property is worth more then the agent selling it for you can promote it appropriately. They aren't required to change just because you took advantage of the tax system to challenge the... View More
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