Thomas R. Beauvais’s Answers

Thomas R. Beauvais

Melrose Lemon Law Attorney.

Contributor Level 9
  1. Can I sue a creditor(Everest Cash Advance) for contacting my job & disclosing personal information to my supervisor? I will PAY!

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. John F. Skinner III
    3. George Charles Samiotes
    3 lawyer answers

    A collection agency may not contact a third party and discuss the nature of the debt. They may only contact the third party to find out how to contact you. Based on what you said, the collection agency likely violated the Fair Debt Collection Practices Act. Chances are, the loan itself also violated small loan laws in Massachusetts. You should contact a consumer attorney to discuss your legal options. I'd recommend visiting naca.net, which has a list of attorneys who focus their practices...

    8 lawyers agreed with this answer

  2. I bought a car less then a week ago and it won't pass inspection

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. Robert J McCarthy Jr
    3. Deborah Gwen Roher
    4. Scott Richard Kaufman
    5. Ronald Lee Burdge
    5 lawyer answers

    If the car fails inspection within 7 days of purchase, you are entitled to a full refund of the purchase price. Under the Massachusetts Lemon Aid Law, the mileage doesn't matter. All that matters is that the vehicle failed inspection and the repairs would cost at least 10% of the purchase price. It sounds like you've already requested the refund. The dealer cannot deny you a refund and force you to accept repairs. You may want to send them a letter by certified mail requesting the refund...

    7 lawyers agreed with this answer

  3. Do car dealerships have to disclose the fact that a particular used car that someone is purchasing was found and proved to be a

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. Scott Richard Kaufman
    3. Ronald Lee Burdge
    4. Timothy John Abeel Jr.
    4 lawyer answers

    The short answer to your question is yes. If the dealer sells a car that was previously returned to them under a lemon law, they would be required to disclose that fact to you. Otherwise they would knowingly be withholding a defect of the vehicle from a buyer. Massachusetts Attorney General regulations make such failures to disclose a violation of the Massachusetts Consumer Protection Act.

    6 lawyers agreed with this answer

  4. Do we have any legal rights when a car company does not back up their warranty?

    Answered about 2 years ago.

    1. Thomas R. Beauvais
    2. C Steven Moskos
    3. Gary S. Sinclair
    4. Ronald Lee Burdge
    5. Jefferson W. Boone
    5 lawyer answers

    If the car is a used car, the warranty is based on the mileage of the car when you bought it. There's a chart at http://www.mass.gov/ocabr/consumer/autos/lemon-laws/used-vehicle-warranty-law.html. The warranty period is extended for the length of time it's at the dealer. The dealer is also required to give you a copy of the warranty, otherwise the warranty will continue until you are provided a copy. New or used, a lawyer can tell you where you stand with the warranty. Hope this helps.

    6 lawyers agreed with this answer

  5. What steps can I take to avoid a lawsuit from a collection agency?

    Answered over 2 years ago.

    1. Thomas R. Beauvais
    2. Timothy Alan Coe
    3. Ryan Sherman Loughlin
    4. Daniel James Horwitz
    4 lawyer answers

    Realistically, if a collection attorney is contacting you, the only way to keep them from suing is to come to some sort of settlement agreement. However, if you are sure the debt isn't yours, the debt is more than 6 years old, or there is some other reason you can prove you don't owe the debt, you may be able to preempt a collection suit by asserting a fair debt collection claim. Any time you are first contacted by a debt collector or collection attorney, be sure to assert your rights to...

    5 lawyers agreed with this answer

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  6. Can a law firm deny me access to the paperwork, I have requested 3 times before the court date in July of this year.

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. Julie Court Molloy
    3. Thomas J Callahan
    4. Henry Lebensbaum
    5. Hindell S Grossman
    5 lawyer answers

    If you have a court case, you're entitled to certain documents through a process called discovery. You may not have complied with the rules governing discovery. You can find them here: http://www.lawlib.state.ma.us/source/mass/rules/civil/index.html. You may also want to look at some resources on debt collection defense here: http://www.masslegalservices.org/node/33731/. If this is all a little too overwhelming for you, then you should contact a consumer attorney. As for them calling you...

    5 lawyers agreed with this answer

  7. Being sued by collection agency - what to do?

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. John F. Skinner III
    3. Erik Hammarlund
    3 lawyer answers

    There are a lot of issues surrounding whether you have a good appeal. I'm sure other attorneys will give you excellent answers concerning those issues. However, to answer to your direct question, whether its worth fighting over. It comes down to how much the judgment is and how strong your conviction to fight the debt is. Because you mentioned a judge, I'm assuming you weren't in small claims court. Appealing a judgment can be very costly, it's not something attorneys will take on a...

    5 lawyers agreed with this answer

  8. We just sold 2 weeks ago a 1997 derango car with 137,000 miles for 1800.00. The car drove great and never gave us a problem.

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. Philip W. Mason
    3. Scott Richard Kaufman
    3 lawyer answers

    When it comes to auto sales in Massachusetts, the term "as is" doesn't mean much. There are two laws you should be aware of. The first is the Lemon Aid law. If the vehicle failed inspection within 7 days of the sale, and the buyer notifies you within 14 days of the sale that he wants a refund, then he's entitled to a refund. The second is the Used Vehicle Warranty law. In private sales, there is no mileage restriction. The buyer must be able to prove that the defect substantially impairs...

    5 lawyers agreed with this answer

  9. Bought used car. Dealer verbally represented that comes with manufacturers warranty. It is not in writing.

    Answered almost 2 years ago.

    1. Erik Hammarlund
    2. Thomas R. Beauvais
    3. Peter Eric Gollub
    4. Scott Richard Kaufman
    4 lawyer answers

    I agree, you really should talk to a lawyer. You may not be able to return the car exclusively on the misrepresentation of the warranty, but you may be entitled to a refund based on the engine problems. There may be some other issues that you might not even be aware of that an attorney might identify. At the very least you might want to look into your rights under the Used Vehicle Warranty Law (http://www.mass.gov/ocabr/consumer/autos/lemon-laws/used-vehicle-warranty-law.html) and MGL ch....

    5 lawyers agreed with this answer

  10. I Bought at car at a used dealership. The total repair cost is more than 10 per cent do they have to give me my money back?

    Answered over 2 years ago.

    1. Thomas R. Beauvais
    2. Scott Richard Kaufman
    2 lawyer answers

    You'll want to make sure that you have the reasons the car failed the inspection in writing and written estimate of the costs of repair from your mechanic. Also, if you haven't done so already, send the dealer a letter stating your intent to return the vehicle under M.G.L. c. 90, §7N and your demand for a refund. Send this by certified and regular mail. You'll want to do all of this within 14 days of the sale. If the dealer still refuses to refund your money, contact a consumer lawyer and they...

    5 lawyers agreed with this answer