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Taras S. Rudnitsky's Answers
- 76 Legal Answers
- 3 Legal Guides
2
Attorney answers:
Is it illegal for a private seller to remove a check engine light on a car?
It sounds like you may well have a claim. However, depending on whether it's a new car or used car, it may not be a lemon law claim. Instead, it may be one species of auto fraud - where someone intentionally misled you as to the condition of the car by removing a warning light that would potentially have indicated a problem. Please click on the link below, which describes various types of auto fraud. It also could constitute a deceptive practice, and may lead to other claims as well. You...
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3
Attorney answers:
Summons/ Notice to appear for pretrial conference.
Even though you did not sign for it, the process server's delivery of the documents to you may count as valid service (assuming they personally handed it to you or followed other appropriate procedures). Don't ignore those papers - you will likely end up with a default judgment being entered against you, which means you lose without a trial. (Click on the links below for more information about that.) If the summons does not state that you need to respond in 20 days, then it may be a summons...
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Attorney answers:
Can a debt collector freeze your checking account before you get to go to court?
You generally have to be provided notice before they freeze your accounts. First, they would file their lawsuit. You have to be properly served (notified) of the lawsuit, including the time to file your response or, for Florida small claims cases, the time at which you or your attorney must appear in court for a pretrial conference. Generally, the collection company cannot seize your assets (including your checking account) until they obtain a judgment. If they obtained a judgment without...
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2
Attorney answers:
Being harass for $266.00
First, you need to determine whether you owed them the money or not. Ask the school for verification that you owe the debt, including copies of any contracts or other documents on which they rely for their allegation that you owe the money. Second, whether you can sue for harassment depends on how they are harassing you. If they are sending you several letters or calling you occassionally, it will probably not qualify as harassment under the debt collection laws. (Please note that the...
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3
Attorney answers:
How do I respond to a motion for telephonic appearance at pre-trial conference?
Be careful of what other lawyers advise, particularly out of state lawyers. If you were sued in small claims court, you (or your attorney) generally have to appear in person on the date and time stated in the summons/notice of appear. In county court or circuit court cases, you generally do not have to appear in person initially, although the court may later order you to appear. In many cases, the courts will not allow the credit card company's lawyer to appear by phone at the initial...
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1
Attorney answers:
Is there a max interest rate a used car dealer can charge in Florida?
It depends on several factors, including the age of the car. Most importantly, it is not a straight "percentage" limit. Based on case law, it requires a series of calculations to determine if the actual finance charge exceeds the maximum permitted finance charge. Most dealers do not know this, and very few attorneys are aware of this. Just comparing your listed APR to the limits listed in the statute will often lead to grossly misleading results. For example, one of my recent calculations...
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3
Attorney answers:
Can I Vacate a Default Judgement on a credit card debt if I was never served a summons ?
Under Florida law, if you were not properly served with the original summons and complaint, you can generally get the judgment vacated or set aside, regardless of how long ago the judgment was entered. Florida courts consider such a judgment void from its inception. However, you do have to prove that you were never properly served. You must file a motion to vacate such a judgment, and you should do so promptly after discovering the lawsuit against you. The motion must be based on admissible...
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3
Attorney answers:
Can someone charge interest on a personal loan after the fact?
In Florida, a verbal contract is binding. However, it is much more difficult to prove than a written contract. The terms of the contract will determine whether interest can be charged. If there was an agreement to pay for interest, and if it can be proven for your oral contract, it will generally be enforceable. However, if your verbal contract did not provide for payment of interest, and if you paid it back under those terms and the other person accepted those payments without any...
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3
Attorney answers:
My husbanbd has been asked to appear in court by CHASE Bank??
There are numerous ways to defend credit card lawsuits, even when they are brought by an "original creditor" like Chase. Under most circumstances Chase cannot take anything from you until they get a judgment against you. I strongly suggest you contact a local consumer attorney near you to determine the best way to defend against the lawsuit. (There are numerous other potential defenses besides the statute of limitations.) That attorney should also be able to advise you about protecting your...
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2
Attorney answers:
How do I get garnished wages back?
If the writ of garnishment was dissolved, they have no right to keep the money, but must return it to you. I suggest you contact them in writing immediately and demand the money back; I also suggest you do it by certified mail, return receipt requested and/or by fax, so that you have proof of delivery. If they fail to return it in a reasonable time, you should retain an experienced consumer attorney to get it back promptly. We have also found that certain Writs of Garnishment were improperly...
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