Consumer Fraud Legal Questions

You likely don't. If its non-refundable and you simply changed your mind late, thats why such provisions exist. That it says it on the reciept and you said nothing at the time when you signed it is a problem. You can try to dispute this with your credit card company and see what they can do, but don't hold your breath. ... Read More

You will need to have another mechanic determine if this is an issue with the transmission. In the future you want to insist on a written estimate of the work and certainly NEVER agree to work that you can't afford or are willing to pay. That you thought rebuiliding a transmission was $300.00 shows that you really had little idea of the expenses you might incur if the transmission is bad.... Read More

I recommend filing in the county where the business is. This is because of the venue requirements in the Ohio Rules of Civil Procedure which generally favor suit in the same county where the wrongful act took place. Venue is proper in:  1) The county in which the defendant resides; (2) The county in which the defendant has his or her principal place of business; (3) A county in which the defendant conducted activity that gave rise to the claim for relief; (4) A county in which a public officer maintains his or her principal office if suit is brought against the officer in the officer’s official capacity; (5) A county in which the property, or any part of the property, is situated if the subject of the action is real property or tangible personal property; (6) The county in which all or part of the claim for relief arose; or, if the claim for relief arose upon a river, other watercourse, or a road, that is the boundary of the state, or of two or more counties, in any county bordering on the river, watercourse, or road, and opposite to the place where the claim for relief arose; (7) In actions described in Civ.R. 4.3, in the county where plaintiff resides; ( 8) In an action against an executor, administrator, guardian, or trustee, in the county in which the executor, administrator, guardian, or trustee was appointed; (9) In actions for divorce, annulment, or legal separation, in the county in which the plaintiff is and has been a resident for at least ninety days immediately preceding the filing of the complaint; (10) In actions for a civil protection order, in the county in which the petitioner currently or temporarily resides; (11) In tort actions involving asbestos claims, silicosis claims, or mixed dust disease claims, only in the county in which all of the exposed plaintiffs reside, a county where all of the exposed plaintiffs were exposed to asbestos, silica, or mixed dust, or the county in which the defendant has his or her principal place of business. (12) If there is no available forum in divisions (C)(1) to (C)(10) of this rule, in the county in which plaintiff resides, has his or her principal place of business, or regularly and systematically conducts business activity; (13) If there is no available forum in divisions (C)(1) to (C)(11) of this rule: (a) In a county in which defendant has property or debts owing to the defendant subject to attachment or garnishment; (b) In a county in which defendant has appointed an agent to receive service of process or in which an agent has been appointed by operation of law. ... Read More

Your failure to find a lawyer is most likely base don financial issues not legal ones. There are plenty of lawyers that will represent you wife if thier fees are paid. That aside, you need to understand that a BK may not affect such a lawsuit as most fraud or punitive damage claims ate exempt from discharge. Make sure you get something in writing from your BK lawyer stating that your discharge applied to the lawsuit claims at issue. ... Read More

The section that applis is Fla. Stat. 501.976(15) not the one you cited. The issue will be whether the price of the vehcle changed vs the price of the deal which is different. You will need to retain a lawyer to address this if there is a controversy over this, as most dealers will simply refuse the sale for a variety of reasons otherwise.... Read More

Unfortunately, such issues are not likely to be contingent fee cases where the lawyer get paid if you win. You will likely be hiring a lawyer at an hourly rate to initate the litigation and go from there. If you win there is likely an attorney's fee contract provision you can use to argue that you should recover your legal fees from them.... Read More

So would you think if you got caught shoplifiting and then offered to pay for the items, that you would just be "let go?" You emebezzled from the company you work for. Paying back what you stole is an obligation not a "good deed." So YES, it seems they aee moving forward with prosecution and you will need to retain a criminal lawyer ASAP.... Read More

Because it is a used car, Ohio's lemon law does not apply. That doesn't mean you're out of luck though. It is possible that they breached Ohio's Consumer Sales Practices Act (CSPA) by misrepresenting to you the cause of the oil leak when they knew that they had patched it earlier. If that's the case, you could recover your actual damages times three plus your reasonably incurred attorney fees.    ... Read More