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Dmitry N Feofanov

Dmitry Feofanov’s Answers

558 total


  • Being sued by Directv for $10,000 due to not having business account in our Restaurant. Would this stand up in court?

    so we have a small mom & pop restaruant in our town. Before converting the restaruant it was an apartment before. we have had direct in our home and in what use to be apartment and have been paying for the service. we recently recieved letter fr...

    Dmitry’s Answer

    Well that stand up in court? Absolutely positively MAYBE IT WILL, MAYBE IT WON'T. No qualified lawyer can possibly answer this question, because there are too many unknowns in your situation, because the law probably needs researching, and because giving you specific advice may lead to creating of an attorney-client relationship--and if the advice is wrong, a legal malpractice suit. That is why we speak in general terms when we answer questions.
    You have no money for a lawyer? Well, what's considered "bullying" by you is probably considered "great litigation tactic" by the other side. You have two choices--you can allow them to continue "bullying" you and get a judgment against you, and start the collection proceedings (like asking you all about your bank accounts, etc.), or you can defend yourself (assuming you have a defense), which means hiring a lawyer. Choice number one is just as legitimate as choice number two.

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  • Do I have a case against the cash store

    the cash store called me letting me know my payment was that following Monday they had also told me that there was a new state law that they couldn't deduct any money out of my banking account so my bank wouldn't go negative towards my overdraft I...

    Dmitry’s Answer

    If I understood your question, perhaps I would be able to formulate what needs to be done. But I do not understand your question. If the problem is that the cash store withdrew funds twice and not once, as they were supposed to, then yes, you have a "case" against them, which probably would do you no good. My guess is that to resolve this (if I understand it correctly) is to ask the store to charge back the extra payment back to your bank.
    Perhaps my colleagues would have better ideas, but to go to court over $300 is not realistic.

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  • We bought a used truck "as is" from a dealership. On the ride home (1 hour vs 10 minute test drive) we realized there was a

    A problem with the motor. Called dealer and tried to return for another vehicle. They refused. Have spent 1500 on new pistons and rods. They even gave us a 28 point engine check report. Obviously it was bad.

    Dmitry’s Answer

    The 28 point report may (MAY!) be construed as a warranty, depending on how TX courts deal with this issue. If so, you can sue. You need to find a qualified warranty lawyer in TX to do so, and I will be able to give you some names (depending on your location) if you contact me privately.

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  • Used car purchased, paid for more services done, still have not gotten car. Want money back

    Mother in law bought a car outright at one of those used car lots that repairs and sells cars that were in accidents. The car needed a little bit of extra work which she has already paid for. The used car lot has had her car for over 2 weeks repai...

    Dmitry’s Answer

    Well, of course something is wrong, by your own description MIL bought a car at a dealer that sells rebuilt wrecks. What did she expect, nothing wrong? Or that the car would be repaired "correctly"? Once in an accident, to repair a car correctly takes too much money, it will be repaired with chewing gum, and will probably be a death trap, but she knew what she was buying, so she should be driving it.
    Going to your question: how to get money back. It's a tough one. First, you can ask the dealer. After they stop laughing at you, you will realize that they won't give your money back voluntarily. Which leaves going to court, which means more money (this time to lawyers). I think that theoretically you can argue that they breached the contract by not delivering the car within reasonable time, but, by the time you go to court, they probably would deliver the car, so you would be in a bad position to argue an unreasonable delay.
    I think you are pretty much screwed. I see no leverage here, you are pretty much at their mercy. Would be interested in opposing view of my colleagues!
    But I do not think that my colleagues would disagree with the following--
    Tell MIL: (1) never ever buy rebuilt wrecks, unless she wants to become a suicide bomber; (2) never ever pay money before getting the goods, especially if she expects further repairs.

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  • If I buy a car, it breaks down within the first 30 days. I loose my job.I make partial payments.Car gets repo, do I have a case

    Car broke down twice within first 30 days. They claimed to fix but never did. I alerted them that I had lost my job due to this faulty car. At the time they were negotuatiating new contract to offer warranties for their cars. It was buy here pay h...

    Dmitry’s Answer

    It does not matter whether you had the car for 30 days or 3 minutes--if you bought it "as is", repairs are your responsibility. So, from that standpoint, you are screwed. But--BUT!--if they worked on it for free (when they "claimed to fix but never did"), you might be able to sue them and recover damages. No way to be certain without looking at the documents, though.

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  • I have been a victim of identity theft since Dec 2014. Verizon says all the information matches so the account is not fraud.

    There were over 20 different accounts opened and closed but only Verizon states the account is valid. I was not even in the country when the account was opened and Verizon is saying the information matches my id and the charges are valid. I had ...

    Dmitry’s Answer

    And you question is what? How to get rid of this account? Well, haven't you tried Verizon? Haven't you tried the police? Did these avenues work or not work? Therefore, what other sole avenue is left to you? (Hint: finding a qualified consumer protection lawyer who does identity theft and going to court.)

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  • Do I have a lawsuit on my hands?

    I was sold a car by green hyundai and later found out the car didn't go through inspection prior to being sold to me. I have had multiple problems with the car and it makes me nervous to have my two children in it because i dont know what will hap...

    Dmitry’s Answer

    I'll stick my neck out and would say, yes, you do have a lawsuit on your hands, most likely. I sued Green in Springfield, more than once, they are "known," shall we say. Claiming inspection and not doing it is fraud, for starters. Probably warranty violations as well. So I say, sue!

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  • I have a 2006 Honda car that suddenly has a broken engine; and will cost me $4000 to repair. Can I press Honda to help more?

    I have a car repair problem for a 2006 Honda CRV that I bought used last May. A week ago the engine very suddenly shut down and will not start up again. Luckily, no accident occurred! The car is now at the Honda dealer, and they're saying the timi...

    Dmitry’s Answer

    It is not likely you will have any recourse against Honda; you may have some against the dealer. If you bought the car recently, the law may allow you to undo the deal and demand your money back. But these matters are very fact-specific, and the only way for you to find out what you really have (or not) is to consult with a knowledgeable consumer protection laywer.

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  • A friend gave me a check that was clearly not my signature to use for her at the store. I got to counter to pay and realized it

    Was not her check so i did not make the purchase. I got arrested for forgery even though i did not use or sign the check. Cops even said not my signature.

    Dmitry’s Answer

    Could not agree with my colleagues more. Stop making admissions (which can be used against you) and hire a criminal defense lawyer, you have no choice in this matter any more. It will cost money, but it's better than having a record.

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