Steven Michael Fahlgren’s Answers

Many consumers ask if there is an automatic right to cancel a contract to purchase a car within three days. The general answer is there is no three day right to cancel the transaction but, as always, there are exceptions. I'll give you some general guidelines. Consumers can rescind a contract if it was induced by fraud and the parties can be returned to the status quo. Consumers can revoke acceptance of a car if he or she received non-conforming goods, e.g., the consumer buys a 6...

The lender should not be entitled to a deficiency if you were not sent a notice of sale, etc. Thus, although the repossession reporting may be accurate, the amount of the debt may not be. If you would like an instructional dispute letter form, you can email me at stevefahlgren@gmail.com. You may also want to send the creditor a validation notice. Make sure you ask for a copy of that form as well. I wish you the best in the future.

There are hundreds of credit scores. The most well known is Fair Isaac but there are many others. There are two different types of inquiries. Account review inquiries are called soft pulls in the industry and they are not usually factored into a score. These inquiries are by the consumer or someone who already has a credit relationship, e.g., your bank that you opened your credit card account. Hard pulls, on the other hand, are inquiries by prospective creditors. These count but there are...

Although the audio recording may not be legal (See Section 934.03, Fla. Stat.), some courts have allowed its use. I have an Order from a federal case styled Peter Molodecki, Sr. v. Robertson Display, Inc., 2008-CV-2469-T-17F (Middle District of Florida) that refused to strike an affidavit on the grounds that it was obtained in violation of Section 934.03. If you send me an email, I will share it with you. Of course, there is no guarantee that the judge who signed the Order has not changed...

I could envision a creditor making an inquiry after you filed bankruptcy to ensure that it had changed its reporting correctly. However, if it is an existing creditor, then the inquiry should be considered a "soft inquiry" and not have an adverse impact on your credit report or score. On the other hand, hard inquiries by prospective creditors do have a negative impact in many instances. You should send such a creditor/debt collector an impermissible pull letter. A letter should be sent via...

A few observations. The "as is" clause does not necessarily defeat a fraud claim or express warranty claim. See the Tinker v. De Maria case http://scholar.google.com/scholar_case?case=8805548221790429420&hl=en&as_sdt=2&as_vis=1&oi=scholarr Many car dealers wrongly believe that an "as is" clause is an automatic get out of jail free card. There may be a duty to warn of latent defects. See Section 501.976, Fla. Stat., and specifically subsections 3 and 4 which make it an unfair and deceptive act...

At the very least, check the court records of Duval County to see if a petition for divorce was filed and if so, what came of it. In some cases, substitute service can be perfected but it seems that it would not apply to your case because you were in the service and could have been found.

Your attorney should consider a claim under the Carmack Amendment to the Interstate Commerce Act which may preempt State law. At least that is something that will need to be researched. Also consider contacting the Federal Motor Carrier Safety Administration at 888-368-7238 to complain and see if there is anything else that can be done. Perhaps you would also want to contact attorney George Pezold who wrote the book, Freight Claims in Plain English. I have hired him in the past as a...

Be careful, the answer is not always clear. It would be good to review the cardholder agreement. Did your use of the card mean that you were consenting to its terms. Does the law of a State other than Florida govern the transaction. You should seek an attorney in your area. A good place to start is www.naca.net I wish you a blessed Christmas and happy new year.

Oh, boy. I am not sure how to answer this one.