Consumer Legal Questions

It sounds like someone made a claim against your husband, sued him, and lost in court.  If so, there would have been a judgement entry dismissing the claims.  If the same person is suing your husband for the same claims in a different jurisdiction - they cannot do that because that matter has already been decided by a competent court.  Your husband should present the dismissal entry to the new court and ask that the case be dismissed on the grounds of "res judicata."... Read More

This is the peril of representing yourself in a legal proceeding. The answer is no, not generally, though there may be other legal arguments that can be made for the damages you describe. If you are serious about using the courts to resolve this dispute you really need to retain a lawyer to address these issues.... Read More

That you went to jail raises concerns about what you actually knew as 99% of such people buying from a business dont get arrested, they just lose the item. You will need to resolve the criminal charges first and then you can hire a alawyer to pursue such a claim. Be prepared to pay out of pocket for a lawyer unless the seller is a big company or has commerical liability insurance.... Read More

First, is this debt being collected by the hospital itself, or a third party debt collector?  If a third party debt collector, a different law applies, the Federal Fair Debt Collections Practices Act (FDCPA).  The Florida Consumer Collections Practices Act (FCCPA) applies whether it is the hospital or a third party debt collector.There are many unanswered questions that could affect the situation, regarding your type of insurance, the services provided, the notice you received, whether your previous "settlement" was received as payment in full, and other details.  You need to write a letter to the debt collector stating (a) this bill was already paid (and provide proof, if you have it), (b) that you therefore dispute the debt, and (c) you request verification of the debt.  Keep a copy of the letter, and send another copy to the insurance company.  If you do not owe the debt, you can also instruct the debt collector to cease all contact with you -- This will force the debt collector to either stop contact with you (although they can put a negative entry on your credit report) or to file a law suit against you to prove that the debt is valid and collect it against you.  if they continue to contact you to collect the debt, you may be able to sue the debt collector.  There are also a bunch of things that debt collectors are required to do or prohibited from doing, depending on whether just the FCCPA applies, or if both the FDCPA and FCCPA apply.  You may want to take a look at the many sources of information available on the Internet about the FDCPA to see if the debt collector has violated the statutes.  If there has been violations, you may want to speak with an attorney who knows Creditor Harassment cases -- who may be able to sue the debt collector at little to no cost to you.... Read More

The registration and temporary license is not controlling.  The sales contract is what controls and it appears that is complete. Assuming the dealer has already signed the contract, the dealer is not permitted to simply require you to "void" the sale.  That being said, if the dealer has, in fact, actually already sold the vehicle to another person, the question is how the dealer can make the situation "right."   You should ask to see a copy of the other sales contract to ensure that it pre-dates your agreement.  If the dealer has, in fact, previously sold the vehicle to another buyer, the dealer would no longer have the authority to transfer the vehicle to you. Assuming the vehicle has already been sold to another buyer, I would encourage you to work with the dealer to see if they can provide you with another similar vehicle, together with a significant concession on the price to account for the lost time, frustration, expense, etc.  Most dealers will try to do the right thing. If the dealer does not work with you to make the situation "right," you can contact the Automotive Industry Board (which regulates dealers in the State of Colorado), the Better Business Bureau, or an attorney to escalate the matter. Hope this information is helpful.... Read More

 You should save the Kellogg's box and you should sage what you believe was the foreign object in the box.  You should immediately contact Kellogg's in writing and tell them what happened. If you went to the doctor's  office,  you should also provide them with your medical reports.  Did you suffer any medical damage ? Kellogg Company will examine the medical reports Were you injured ?  Kellogg Company will investigate the box and will investigate the foreign object in the box.  ... Read More

There are significant procedural hurdles which you must overcome. The first requirement is that you gave proper notice to t there are significant procedural hurdles which you must overcome. The first requirement is that you gave proper notice to the defendant. You must been demonstrate that your claim has merit.  You must been demonstrate that your claim has merit. A default judgment for failure to appear may not be sufficient. In order that you not be frustrated by the process, you should have an attorney review your actions today to determine if you have met the procedural requirements. ... Read More

There is a law called the Statute of Frauds that requires any agreement to guaranty the debt of another to be in writing.  While the situation can have all kinds of exceptions, most of the time, a creditor cannot hold you responsible for the debts of someone else unless you have signed something.If the creditor tries to collect the debt from you, you may want to talk to an attorney who handles Collection Harassment cases under the Florida Consumer Collections Practices Act or the Federal Fair Debt Collections Practices Act (usually shortened to "FDCPA").  Most attorneys who handle such cases do not charge the client, as the statute allows the attorney to collect fees from the other side.  ... Read More

Unless you suffered some kind of physical injury, you can probably get your money back for the pizza and that's about it.  Contact the store, explain your issue -- and maybe they will give you something for free. Or you could complain to the Health department. But unless you have suffered actual damages, there is no significant reason to sue.... Read More

"I am positive i did not over draft to the point....." say no more. If you are overdrafting your account AT ALL, you are aleady on the losing side of such allegations on your part. If nothing else simply because its clear you are mishandling your account and the funds. If you truly expect to address this issue you will need to retain a lawyer (at your expense) and a forensic accountant (again at your expense) to figure out who is right.... Read More

First, any lack of fairness or hardship, was caused by solely your reliance in spending money you didn't have in hand. If the case never settled or for the many months that it didn't you did just fine. Now theres a settlement and  your financially strapped in a hardship. Whatever you would have done without the settlement money is exactly what you need to do to voercome the hardship you described. In the future NEVER commit to, plan for or spend money you don't have in hand. To be clear, the lawyers CAN stop payment on the check, but its a HUGE pain in the butt to do. If they said give it one more week, give it one more week. If it goes past that, they can stop payment and tell them you will pay for new check  to be sent FED-EX overnight to you (its not likely very much). This should solve your issues.... Read More

This was handled poorly from the beginning and it is likely that you will bear the cost of the repairs for financial reasons, unless your comprehensive insurance covers the issues. If the vehicle is valuable as a collectors item, you should have driven to the dealer to inspect prior to final purchase and placement of the protective "bra" and been there for the loading. You should have also refused the delivery at 9pm in the dark on an unlit road, and insisted on a day time delivery or to a well lit location for inspection. You gambled that nothing would happen and the bra would protect from damages and it didn't pan out. The legal expense of fighting over who did what now will likely equal or exceed the amount of the damages. You can try using a lawyer to write a letter or two to see if you get some value rom the other parties, but beyond that it is not likely a cost effective legal dispute. ... Read More

the beverage comapny will not pay for compensatory damages unless one can prove that your were damaged  and that they were the cause of the damage. if you cannot prove any damages via medical evidence, then you will not be compensated. Y ou have indicated that the medical records do not indicate any damage. You are correctly concerned about future medical issues. You will be compensated for future medical damages if you can prove that the damage was caused by the glass. You must connect the glass ingestion to the medical damages. Ed Dimon... Read More