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David M. Kasell
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David Kasell’s Answers

862 total


  • Can i sue a dealership for not disclosing the price of items they said were included in the extended warranty

    I purchased a brand new car from hyundai a few months ago i also purchased an extended warranty which i was told included items like key replacement tire replacement and total loss protection .i was in a rush n signed the contract without going o...

    David’s Answer

    it appears that you may be the victim of financing fraud. You should immediately meet with a lawyer who practices Consumer Litigation. You may also want to consider canceling the extended warranty to get that money back as quickly as possible. Generally, when you cancel an extended warranty refund is prorated for the time it was in fact but you will get some of the money back. The sooner you cancel the more money you would get back.

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  • Can I sue the dealership a year and a half later if I just found out my car has a salvage title?

    I bought a 2003 Chevy Silverado ss May of 2014 and last week while car shopping I just found out it has a salvage title. I financed the car through my bank and the dealer did not disclose the info to me or the bank. Can I get my money back?

    David’s Answer

    Yes. The slavage title had to be diesclosed st the time of sale and the failure to do so is a legal violation. Contact a consumer law attorney in your area right away. You may want to check the "Find an Attorney"tab on the website of the National Association of Consumer Advocates.

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  • Can I be sued for fraud?

    I traded my ford escape for an f150 a week ago. Both of us test drove the vehicles and looked them over and agreed on the trade. A week after the trade (after the titles have already been signed over and the f150 is already registered and insured ...

    David’s Answer

    Private sales are not subject to the same rules as dealership sales. While he can sue you he may not win especially based on the unaccepted offer to inspect the vehicle prior to sale/trade. If you really did not know about the rust you are in even better shape. If you have proof that you did not kneow of the rust and/or proof of the offer to let him inspect it prior to sale than you will be in apretty good position. But without proof it may be harder to win.

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  • Is mailing an amended petition considered proper service?

    I'm pro se on this case and the other side was told by the judge that they needed to serve me an amended petition. I got it in the mail the other day. Is that considered proper service?

    David’s Answer

    Yes. Assuming that you were properly served with the petition service of other documents in the case by regular mail constitutes valid service.

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  • Should I take someone I invested money with to court even if I think they have no money to pay me when they lose?

    I gave $150K for an investment with a signed contract that the principal was guaranteed back to me. It's been 5 years and he says they lost the money. He says if I take him to court he will have the whole thing thrown out by claiming bankruptcy an...

    David’s Answer

    Ask him to provide a copy of the other judgment. But just because he lost other cases does not mean he has no money. You may even want to get a judgment against him because a judgment is good for 20 years and he may have money in the future but the statute of limitations on your action is probably 6 years from the due date if the final payment. More facts are neede to be sure of when the statute of limitations runs out but you want to be very sure to not blow your opportunity to sue.

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  • -Failure to answer the summary judgment (did not provide material facts) in its entirety. Is their a law that can be used to val

    -Failure to answer the summary judgment (did not provide material facts) in its entirety. Is their a law that can be used to validate a request for a new hearing.

    David’s Answer

    If you fail to oppose the summary judgment motion you will likely lose the motion. While there are some exceptions, Unless you never had notice of it, there is not much you can do if you did not oppose it.

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  • I had my car repo back in 2009 and now almost 6 years later i got served with a summons

    can i be garnished and are they allowed to do this

    David’s Answer

    Yes. It appears that they want you to pay the deficiency. Accordingly, they are starting an action against you to recover the deficiency. The summons is to put you on notice that they will be or have filed suit.

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  • Did the auto dealership violate contract law?

    We left a deposit on a used car. We were preapproved trough our credit union, but gave the dealership a chance to beat the rate. They called back with terms, and then they changed them at the time of expected delivery. The salesperson has been tel...

    David’s Answer

    some more information is needed to provide an accurate answer. For instance, do you have a Retail Installment Contract? Do you have paperwork to show the terms were changed at the time of delivery? This sounds like a Truth in Lending Act violation may be present here. Contact a Consumer Lawyer in your area.

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  • Serving process option

    If a plaintiff's time is up to serve process to a defendant in supreme court case but the plaintiff isn't comfortable with the service of process that was effected by the process server, should the plaintiff just go ahead and submit the proof of s...

    David’s Answer

    If the time to serve his up you will need to purchase a new index number. This is only a problem if the statute of limitations has run. If the statute of limitations has run, you may be forced to rely on the service of process that was affected earlier and you should submit proof of service that was already completed.

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  • Summons served on bank at banks head quarters by certified USPS federal court case ?

    This Bank's summons department normally accepts summons by certified or registered mail at their head quarters.If I served summons dept by certified U.S. Mail & I have signed return receipt with me DOES THAT QUALIFY FOR PROPER SERVICE & I also hav...

    David’s Answer

    No. A summons and complaint must be personally served on a corporation or its authorized agent. Certified or registered mail does not qualify as personal service. There is case law that says that just because the papers are eventually received by a corporation does not mean that service was proper. Hire a process server to serve the papers in the required manner.

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