Consumer Fraud Legal Questions

Sounds very fishy to me.  If the "investigator" is from a law enforcement agency, ask what law enforcement agency he is with, then look them up and call them directly to see if there is an investigation against you.  If you were really subject to arrest and law enforcement knew how to get in touch with you, they'd most likely just come and arrest you.  Let's assume, for the sake of argument, that you did pass a bad check. Passing a bad check may be a class 1 misdemeanor or a class 6 felony. A.R.S. 13-1807.  Generally, the former has a one year statute of limitations and the latter has a seven year statute of limitations. A.R.S. 13-107.  Unless the times were tolled for some reason, you are probably not subject to prosecution for passing a bad check.  If this is a debt collection agency, they are very likely violating the Fair Debt Collection Practices Act by misrepresenting the character of the debt as enforceable or saying that you can be prosecuted (among other violations). See https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I suspect this is some kind of scam trying to scare you into sending them a check or giving them your credit card number.  Consider reporting the caller and their phone number to the Arizona Attorney General's office and/or the police. ... Read More

You may find a lawyer who would take your case, but I personally would not.  You paid for an education, not a job; and an education is what you got.  I am not trying to be hard on you, especially during the Holiday Season, but I too got what I paid for when I graduated from law school after being a M.D. for over 25 years.  The fact that no law firm hired me when I passed the bar, does not give me a right of action against the law school, as I got what I paid for, a law degree.  This answer does not create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G. Sribnick, Esq. Lawer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

By "small claims court," you are actually referring to magisterial district court.  If you won, and the company filed an appeal, you would file the complaint in County Court, not in magistrate court.  Thus, if you are in Berks County, you would file your complaint in county court there.  As for the contents of your complaint, that depends entirely on what occurred.  Hope this helps. ... Read More

You might have already spoken to me at the Lakeshore Law Center www.lakeshorelaw.org about this crooked collection agency.  If not, another person with the exact same problem called this week.  This is not a legal collector.  It's not even Iron Man. Oakwood SErvices is not a legal lender either. You are not obligated to pay them any money and would have difficulty getting a real name and location for them anyway.  If by some miracle you can get their bank name, routing number and account number let me know, and I will try to track them down.... Read More

If you bought a 20 year old car "as is" you will have to expect it to require some repairs. Otherwise you should have demanded a warranty. In either event, absent fraud, terms like pristine condition are subjective and you should always have such a car inspected by a mechanic of your choice prior to the purchase.... Read More

Did you get the name, telephone number and address of the caller?  Obviously, to take any action, you have to be able to identify the person.  Do you know the name of the company or "law firm?"  Is the person located in Florida?The actions taken by this person are, indeed, illegal.  If this was about a consumer transaction, then the Federal Fair Debt Collections Practices Act (FDCPA) probably applies, and the Florida Consumer Collections Practices Act (FCCPA) also probably applies.  Under these statutes, you can sue the collector and recover any actual damages you suffered (probably none) plus statutory damages of up to $1,000 for each of the two statutes.  Plus, the collector must pay your attorney's fees and costs if you win.However, this is useless unless (1) you can prove who the collector was, (2) the collector has assets against which you can collect. This call may have come from a scam person.  You may want to contact an attorney who practices in the area of Consumer Collection Harassment cases.  Usually these attorneys will provide a free consultation, and the attorney may be willing to take the case without charging you any fees because the attorney expects the Collector to pay those fees.  (Most of these cases from legitimate collection agencies are settled fairly quickly.)If you have the person's name and address or telephone number, you can go to the Florida Bar's Web Site at www.flabar.org to check if the person is a licensed Florida Attorney. If you believe that you will not be likely to collect any claim, you may also want to consider reporting to the Florida Bar and the Florida Attorney General that someone is attempting to collect a debt by falsely claiming to be an attorney and threatening criminal prosecution.... Read More

 Was the work completed as required by the contract? If  The work was completed according to the contract, then the contractor should be paid for the work done. The fact that the  contractor signed the contract as Bill a contractor, but completed the work as Joe the contractor does not change the fact that the work was done according to the contract.  If your position is that the work was not done according to the contract, that you have a much stronger argument. We have two partners do construction law and have 25 years of experience each. Please call to discuss. Ed Dimon... Read More