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1 Answer | Asked in Business Law, Consumer Law and Civil Litigation for Michigan on
Q: Can we sue for punitive damages in a mortgage fraud case with refinancing issues?

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

Edward Gudeman
Edward Gudeman
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

3 Answers | Asked in Collections and Consumer Law for Texas on
Q: Can United Legal Firm pursue legal action for Cash Net USA debt?

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Consumer Law, Contracts and Insurance Defense for Missouri on
Q: Cancellation options for AOB contract signed by non-policyholder in Missouri.

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

Robert Grant Pennell
Robert Grant Pennell
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

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2 Answers | Asked in Collections, Civil Litigation and Consumer Law for California on
Q: Served lawsuit by Patenaude & Felix for Synchrony Bank debt; need steps to move forward.

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

Joel Gary Selik
Joel Gary Selik
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...
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4 Answers | Asked in Consumer Law and Real Estate Law for Florida on
Q: Seeking options to recover a timeshare investment from Hilton Vacations after losing it due to unpaid maintenance fees in Florida.

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

Barbara Billiot Stage
Barbara Billiot Stage
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

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: USAA delaying claim due to unofficial repairs. What can I do?

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

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Consumer Law, Banking and Real Estate Law for South Carolina on
Q: How to handle credit report errors and obtain vehicle title after loan settlement?

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

Daniel Cohen
Daniel Cohen
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...
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2 Answers | Asked in Consumer Law and Contracts for North Carolina on
Q: Unexpected bill increase for lawnmower purchase from Home Depot

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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

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2 Answers | Asked in Employment Law, White Collar Crime, Consumer Law and Criminal Law for New York on
Q: Ex-employee stole money using company credit cards and took cash. Is manager responsible? What legal steps to take?

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

Carmen "Jack" Giordano
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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

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2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Pennsylvania on
Q: Can I challenge a low accident settlement in PA due to replacement vehicle cost?

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

Matthew Rosenberg
Matthew Rosenberg
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

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2 Answers | Asked in Consumer Law, Small Claims and Insurance Bad Faith for Texas on
Q: Problems due to canceled car loan from a dealership now closed.

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

John Michael Frick
John Michael Frick
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.

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Apartment complex demands 5-star review for rate renewal in Texas. Is this blackmail?

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

John Michael Frick
John Michael Frick
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.

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2 Answers | Asked in Civil Litigation, Business Law, Consumer Law and Public Benefits for California on
Q: How to respond to lawyer about closed case beyond statute of limitations?

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

Scott Richard Kaufman
Scott Richard Kaufman
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...
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2 Answers | Asked in Collections and Consumer Law for Missouri on
Q: Can I contact the plaintiff to settle an online loan default before court?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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

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2 Answers | Asked in Small Claims, Consumer Law and Contracts for California on
Q: Options for defending against "as is" vehicle sale dispute in CA small claims court.

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

Scott Richard Kaufman
Scott Richard Kaufman
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

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2 Answers | Asked in Landlord - Tenant, Identity Theft, Civil Rights, Real Estate Law and Consumer Law for California on
Q: Can I sue my landlord for an illegal eviction due to court paperwork errors and damages in CA?

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

Louis George Fazzi
Louis George Fazzi
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

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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

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

Barry W. Kaufman
Barry W. Kaufman
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.

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3 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Hawaii on
Q: Should I hire an attorney after a rear-end car accident with minimal insurance coverage?

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

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Hawaii on
Q: Should I hire an attorney after a rear-end car accident with minimal insurance coverage?

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

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Consumer Law, Civil Litigation and Arbitration / Mediation Law for California on
Q: Etsy shop suspended over unlisted policy violation. How to appeal?

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

Steve A. Buchwalter
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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

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