Get free answers to your Consumer Law legal questions from lawyers in your area.
We refinanced a 30-year mortgage with 3 years remaining, and we were told the refinance was approved for a short term. However, after my wife's passing in September 2024, I discovered that the new mortgage is for 30 years instead. Despite attempts to contact the mortgage company, they have not... View More

answered on May 19, 2025
It is possible to pursue a lawsuit for punitive damages under a mortgage fraud cause of action in Michigan, provided certain conditions are met. Michigan law allows for punitive damages in cases involving fraud, where the conduct is extreme, willful, and intentional, and where the fraud results in... View More
United Legal Firm has been calling me and my ex-husband, claiming I owe money to Cash Net USA for a loan I have not paid off which has been charged off. They are threatening to sue me but have not provided any specific details about a court case. Despite their claims, I haven't received any... View More

answered on May 15, 2025
This sounds very much like a hoax. I would not make any deal or pay any money. If they call you again, tell them you need written verification of the debt including any assignment or transfer of the debt from Cash Net USA to them or a copy of an agreement executed by Cash Net USA hiring United... View More
My brother signed an Assignment of Benefits (AOB) form with a roofing company to repair the roof without understanding the implications. He is not listed on the insurance policy or the home mortgage, but the contract states they will retain 35% of the insurance payout if canceled. My brother wants... View More

answered on May 15, 2025
The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More
I was served a lawsuit by Patenaude & Felix, A.P.C., regarding a debt owed to Synchrony Bank amounting to $2,927.65. On May 9, I attempted to dispute the charges with Synchrony Bank and sent a letter requesting validation and documentation, but I have not received a response. Synchrony Bank has... View More

answered on May 15, 2025
Put up your best defense, including and counter-suit. Then, if the debt is valid, show what has been paid and negotiate a settlement.
Note, You must respond in the legal way and on time with, for example a motion or an answer with affirmative defenses. Failure to do so could result in a... View More
I purchased a timeshare from Hilton Vacations, paying over $60,000 upfront. After my husband passed away in 2017, I struggled to pay the annual maintenance fees, and Hilton Vacations seized the property due to non-payment. The agreement was prepaid in full, and Hilton did not seem interested in... View More

answered on May 15, 2025
Timeshares are just like any other community association in the State of Florida. They all have maintenance fees (also known as dues or assessments). These must be paid in order to keep the property. The timeshares and all other types of associations foreclose on these properties just like a... View More
I was involved in a car accident on 3/23, and my car's repairs have yet to begin. I'm facing challenges because a technician did some work unofficially, off the clock, and not in a shop. I paid him cash to install a painted fender I purchased with a check from the insurance company. Now,... View More

answered on May 21, 2025
It looks like you are dealing with a claim that has somehow attracted suspicion. If SIU is involved on the case, it might be difficult to do anything before their investigators are satisfied as to the details of the claim. Ultimately, it could be worth considering an attorney consult if you are not... View More
I'm experiencing issues with an auto loan I settled as paid in full in December 2023 with a South Carolina company. Despite the account being closed on my credit report, late payments are still reflected, impacting my credit score. I've attempted to dispute these negative marks twice... View More

answered on May 16, 2025
As a consumer protection attorney, here’s how I’d advise handling this situation:
First, regarding the credit report errors: Since the late payments remain after your disputes with Equifax, escalate the issue by sending a formal, certified dispute letter to Equifax, clearly stating that... View More
I purchased a lawnmower from Home Depot, and nobody mentioned it was part of a promotion until after my purchase. I've now received a bill that is almost double the purchase price after paying on it for two years. I wasn't given any details about the promotion at the time of purchase, and... View More

answered on May 13, 2025
I'm assuming this was made using a Home Depot credit card that they issued to you. In order to win your argument, you would have to prove that you received monthly billing statements that had no disclosure about the promotional rate. You would also have to prove you did not sign something at... View More
After an ex-employee resigned a couple of weeks ago, I discovered they were stealing from our hotel by using a different company's credit card to pay for guests' rooms while taking cash from those guests without anyone's knowledge. This was discovered through the ex-employee's... View More

answered on May 13, 2025
You need to privately consult with an attorney about this. If you did not facilitate, conspire with or otherwise aid and abet the employee, you would not be criminally most importantly. Regarding your employment status and what you may be subject to given these criminal acts of your subordinate,... View More
I was involved in a car accident, and the at-fault insurance company has made a settlement offer equivalent to the actual cash value (ACV) of my vehicle. However, this offer is insufficient for purchasing a similar replacement vehicle, which will cause me undue hardship due to the new car payment... View More

answered on May 13, 2025
Yes, you can challenge the insurance company’s settlement offer if you believe the actual cash value (ACV) of your vehicle was undervalued. In Pennsylvania, insurers are required to base their ACV offer on fair market value, which should reflect what it would cost to purchase a comparable vehicle... View More
I did not take delivery of a car from Koncept Motors due to significant engine and other issues. I requested the cancellation of the loan within one day, and I received paperwork confirming the loan was canceled. The dealership has since closed due to lawsuits and fraudulent activities. Two years... View More

answered on May 12, 2025
Gather up all of your evidence including all of your communications with the dealership and with the bank as well as every communication denying you credit, and take it to an experienced attorney who practices in the area consumer law in or near the county where the dealership is located.
I am currently negotiating a renewal rate with my apartment complex. They agreed to a new rate in writing but stated they would only implement it if I write a 5-star review on Google. We haven't signed the renewal yet, as we haven't written the review. The request was communicated via... View More

answered on May 12, 2025
No it is not considered "blackmail." Blackmail involves the use of threats to disclose incriminating or embarassing information about someone to obtain money or property from another.
I was involved in a civil lawsuit in California over three years ago regarding a business-related fraud claim, which was closed without prejudice due to my lack of assets at the time. The case never made it to court and there was no judgment. The statute of limitations has now passed. Recently, the... View More

answered on May 9, 2025
Your post is unclear in a few ways, for instance:
You said, "I was involved in a civil lawsuit in California over three years ago"
but, also said: "which was closed without prejudice... due to lack of assets at the time."
AND "The case never made it... View More
I was served with a summons to appear in Missouri's St. Louis County Associate Circuit Court on June 30, 2025, for defaulting on an online loan which was sold or transferred. Am I able to contact the plaintiff to make arrangements before going to court?

answered on May 9, 2025
You are free to contact the attorney and to try to work out a settlement. If enough money is at issue and you are concerned about your credit, I suggest you hire an attorney to represent you. If you show up at court on your own, you'll likely enter into a consent judgment, which is a... View More
We sold a 2006 Toyota Corolla "as is" to a customer in California, and they signed and acknowledged that the vehicle was sold without warranties. The alternator failed 25 days after the sale, and the customer is now planning to sue us in small claims court, alleging that we should have... View More

answered on May 8, 2025
IF the sale of a vehicle in CA is from a consumer, even without an AS IS designation, the presumption is that no warranties are given, short of warranty of title. You've stated you sold it marked AS IS. Short of knowingly misleading the buyer, the equities lie in favor (here) of the seller.... View More
I was evicted from my apartment in Ventura, CA, but the court papers contained the wrong apartment number (210 instead of 201). During the court proceedings, I wasn't allowed to speak or present evidence. The eviction was prompted after I provided proof that my neighbors were using my... View More

answered on May 8, 2025
I suggest you contact a tenant's rights lawyer as soon as possible to get help setting aside your eviction judgment on the grounds of fraud and/or mistake, based on the erroneous listing of your apartment. A good lawyer in that situation could leverage that case into a position where you could... View More
I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

answered on May 8, 2025
yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.
I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More

answered on May 8, 2025
A Hawaii attorney could advise best, but your question remains open for a week. I'm sorry about your accident, and the fact that your aggravation is compounded by minimal insurance coverage. It could be a difficult decision here, since the claim could be complex, in terms of involving UM... View More
I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More

answered on May 8, 2025
Addendum - 'Sorry... When I answered a second ago, I meant "underinsured motorist" coverage, NOT "uninsured motorist" coverage. I should have proofread my response more slowly and thoroughly before uploading! Good luck
I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More

answered on May 8, 2025
I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.