Tag Archives: CIVIL LAW

I bought a 2015 Chevy Cruz. Can I take it back?

Q: I bought this 2015 Chevy Cruz and 5 days later came into financial trouble that I didn’t foresee happening. I called the dealership and they told me they had called the bank to unwind the loan for me. I called the bank to find out they never called them. The man at the dealership lied to me. Since this my blood pressure has gone so high I lost partial hearing in my right ear. Is there anything I can do. I have called the dealership 3 times and they won’t even speak to me. Is there anything I can do? I am in dire financial trouble with this car. All I wanted was the loan unwound. When I talked to the bank to see if the dealership called them they said they never got a call from them as they the bank would have rather undo the loan than repossess

A: Forget the car dealer. They could care less about anything once you are out the door. My suggestion is that you enter a voluntary repossession of the vehicle with the bank. From now on keep a record of your calls, conversations and contacts. Send the bank a certified, return receipt letter requesting the voluntary relinquishment of the car. Let the car sit, lock it up and keep it safe from damage. If that doesn’t work, just don’t make the loan payments, they will contact you and repossess. This is not something you go to jail for. It will hurt your credit a bit, but you can recover and somebody will loan you money again, believe me.

I got this email from Cash Advance Inc. threatening law suit.

Q: It says you are going to be legally prosecuted within a couple of days in the Court House and Internal Revenue Service will put your social security number on hold causing severe damage to your credit history or credit report and your income paychecks will be put on hold any child support or disability or unemployment or retirement benefits will be either place on hold or will be stopped until you will pay the outstanding amount of 783.67 dollars to us

A:  It is nothing but junk mail from a con artist hoping you will give them a credit card number.

Who is responsible for forced medical expenses?

Q: I was forced by police an ambulance ride $1200.00. I was forced by doctor’s medical treatment $42,000.00. I was then released from police custody at the hospital. All the while saying I didn’t need any of this. I asked repeatedly if I was under arrest they said yes then released me from custody at the emergency room. Do I need to pay this?

A: Many more facts would be needed to give you an opinion. All the reports would need to be reviewed. Were there any witnesses? Police, emergency medical personnel, etc., have a duty to treat persons that they reasonably believe need medical treatment and that they are immune from civil suit in doing so. As you can understand, the rationale behind this is the fear of not treating someone who may die for lack of prompt treatment. However, this is not to say you do not have a civil defense and a recommend that you speak with a civil lawyer versed in medical consent law.

How should I ask about paying an attorney?

Q: I thought I was one step from hiring an attorney. I simply asked how much he was charging so I could pay him up front and get things going. I haven’t heard back from him after I sent an email asking about meeting or faxing info to him. I wanted to pay him up front and deal with him on the 1st step as he had already put some time in talking to me and if things went further had already let me know I would be referred to someone else for further action, which I was fine with as I felt he deserved something for his time. After my email to confirm a payment amount I never heard back. Is it wrong to ask for pricing? I’m not someone who can just say bill whatever amount and be in debt to an attorney for $10,000 for a ten-minute conversation. Just want to know how to approach asking how to pay for their services please?

A: Of course, an agreement of potential fees should be discussed before any work commences. Likewise, any consultation fee should be communicated to you by the attorney before you start the consultation. Certain types of legal work require fees to be included in a written fee agreement signed by the attorney and the client. Ask the attorney and if you can’t reach an agreement, find another attorney. If you are sent a bill for a consultation and you never agreed to such billing, you may have a defense to not paying it.

If my car is wrongfully towed, can I sue the bank?

Q: I have a car loan with a local bank and had to do a month’s deferral because I was out of work for a while. I called my local branch and spoke to their loan officer, who sent me the paperwork in the mail and told me everything would work out just fine. He said the month I couldn’t afford to pay would simply add on to the end of my loan and it wouldn’t be a missed payment. However, I’ve been getting nonstop collection phone calls from their collection department. I spoke with them and explained the situation to someone there and they told me “oh yes, now that you said you had a deferral I see that on our system”. They told me everything was fine. But today while I was at work they called again and a tow truck was seen on my street. If they tow my car wrongfully, can I hold the bank liable and sue?

A: You are likely in breach of your loan agreement if it is not paid and I am assuming under the same contract they are permitted to reclaim their vehicle. Now, the question is whether you can rely on their promise to extend or defer, or, is this just trickery being used to get their car back? Lenders are permitted to use some level of trickery in repossessing their collateral. It is not uncommon for the lender to invite you in to discuss your financial woes, while unbeknownst to you your car is being hooked and hoisted by a tow truck in the parking lot. What a lender cannot do is breach the public peace in the repossession process. For example, if your car is on a public street, it is fair game. However, they cannot go into your garage and take it. If you are serious about catching up with your payment, you might want to make the car unavailable until you are so caught up. If they do tow it, I don’t think you have a legitimate claim to sue them. If you cannot pay up, you may want to just turn the car in voluntarily to preserve your credit worthiness. Additionally, if they are calling you at work, they are in violation of the law.

Do you have to pay for a broken water pipe you were unaware of?

Q: Do you have to pay a bill that you weren’t aware of? My friends water pipe broke and the water company is charging him 5thousand dollars for the month where he unknowing used 120,000 gallons when he typically uses less than 20,000. As soon as it was brought to his attention he fixed the pipe but the water company’s only response was “we’ll put you on a payment plan.” This is a gross injustice- what can he do to appeal the situation?

A: If the broken pipe was his private line and not the public main, your friend may be liable. The rationale of the water company is this. Why should they be liable when your friend was in the best position to realize there was a leak? This is not to say your friend was at fault, but is the more negligent of the two. Normally, water companies will enter into a payment plan in these situations. Your friend may want to review this with a lawyer or even call the PA Utility Commission for another opinion.

 

What should I do?

Q: My car was stolen by a 16-year-old boy, his sister and 3 men. The 3 men and the sister got away. But the girl left her Giant Eagle rewards card in the car. The boy totaled my car into a parked Salvation Army truck. The wreck knocked-out some teeth of one of them and they are still in the car. My child was traumatized. We were 3 feet away from getting in to the car, with Christmas packages when we realized someone was in it. What should I do?

A:  Obviously, this is a crime and therefore you need to report this to police. Get a copy of the police report. Contact your insurance company immediately and file a claim. They will need a copy of the police report. All insurance policies required the insured to report claims promptly. If some of the identities of these little reprobates are not known, the police should be able to track the girl with the Rewards Card and eventually she and all or some other reprobates will confess or rat out the others once the police start working on them and their parents. Oh, and give the teeth to the police. They can be tested for DNA if necessary. Also, they can be circumstantial evidence if one of the kids is missing any. As far as trauma for your boy, contact your health insurance provider to see if any mental health coverage is available for him.

Am I comparatively negligent for having an expired license?

Q: Am I comparatively negligent for having an expired driver’s license? Even if I’m in an accident where the other driver is at fault? Will I be found comparatively negligent for having an expired license? Someone hit my truck but they were hauled away in an ambulance.

A: To my knowledge, having no license or a suspended license or other licensing issues, has nothing to do with liability in an accident case. It can be raised at trial by the opposing counsel in cross examination of you, or admission of your certified driving record at trial

Employer paid me too much

Q:  My employer put extra money on my paycheck for some unknown reason. What should you do? Should I contact a lawyer? (White Oak, PA)

A: Ask him why. If it is a reward for good work, accept it and say thank you. If it is a mistake, it will eventually be detected and withdrawn from your pay. Telling your employer will make you look better. I don’t think you need a lawyer.

Can my dad prosecute me for mom making gifts to me?

Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line. (Latrobe, PA)

A: Your father can threaten to file criminal charges, but it doesn’t sound like a criminal case. I would need more information to determine if the police or the DA would file charges. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting without clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit of some type including a restraining order or domestic abuse order.