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Scott Richard Kaufman
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Scott Kaufman’s Answers

7,393 total


  • 10% or 7% per annum for a loan to a friend when there is no contract written?

    I ask the law librarian this question and the article she sent me said 7% (http://www.leginfo.ca.gov/.const/.article_15) but I see here that 10% is common practice. Where can I find the information? And which rate should I charge for my friend?

    Scott’s Answer

    Briefly, if this is a friend AND you do not already have some number in the contract AND you wish to stay on good terms, I would refrain from unilaterally imposing ANY interest on the contract. I would however strongly consider adding interest upfront in any new endeavor, just like the bank you are replacing...

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  • No equity agreement, loan 2 months later, wants 50% equity or repossession!

    My already successful fitness business was given supposedly $30,000 in fitness equipment and help to create hey Bootcamp Gym. Now she wants 50% equity with the threat of repossession the equipment in the gym. And already successful business was gi...

    Scott’s Answer

    You may be correct re: the relationship.

    You need to:
    1- Consult with a local atty;
    2- Consult with a local banker/lender re: loan for your already successful biz;
    3- think about consulting with a relationship counselor

    Good luck with it

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  • Partner withdrew $5000 from our company bank account without my permission and froze me out of account. What can I do?

    My partner and I are 40/60 members of an LLC. We had a falling out, and I just learned that she withdrew over $5,000 from the company account to pay her mortgage. She's also locked me out of the account (took my name off of it), so I no longer hav...

    Scott’s Answer

    My concern here is that there may be a LOT more at stake?
    If it's only 5K, it is a small claims matter, but, you indicated being "locked out" of the acct.
    which should be easily remedied by the bank, right? You are a co-signor, right?

    If there are thousands and thousands and liability and customers and new and old business at stake, it is definitely time to lawyer up...

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  • Can my car get repossed if my down payment to the carlot bounced?

    I went into the carlot with my $ The car lot wanted more money and I didn't have it, so they said I could write a post dated check and they would give me a month or so to come up with the money and if I couldn't they said I could call and get a g...

    Scott’s Answer

    Mr. Stempler is correct, as usual. The Act allows a deferred down payment up until you make your first payment. Dealer can sue for $$ owed but currently has no right to repossess. Only holder of right to get paid has that right, your lender. Talk to someone like Mr. Stempler for help.

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  • I'm a RN and was stuck by a needle on the job. I was pulled off the floor and sent to our ER. I have been sent to collections

    After dealing with this issue for two years, I finally got my employer to speak to the insurance company and I was told that it would be taken care of. Apparently they have the wrong address for billing. I was assured this would not go on my credi...

    Scott’s Answer

    Mr. Borah makes sense as does Ms. Borah. I would note immediately, that this is an FDCPA claim and likely an FCRA claim. Those are consumer protection statutes under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. There may be an argument that this is not a consumer debt? BUT, any attorney who handles FDCPA and FCRA matters will know, quickly. Both statutes are strict liability, no intent required and should offer you compensation for your troubles, wrecked credit, issues re: buying a home AND make the other side pay your attorneys. I'm switching the topic to debt defense for your best opportunity to get solid input on those issues.

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  • What can I do against the dealership?

    I purchased a vehicle last August. Last night we were at a Nissan dealer ready to trade it in. They found the Carfax and that the vehicle had an accident reported. We were never notified about it at Nissan they told us that it is ilegal for them n...

    Scott’s Answer

    I get calls like this 2-3 times a week. Had one yesterday. Some times the CarFax does not immediately pick up prior accidents. Sometimes for years! Sometimes they never do, but some other competitor does like Auto Check. Anyhow, if you asked about accident history and selling dealer lied about it, you have a case. The issue will be, not whether they disclosed but how bad was the prior accident. So, if there is some scratch and it's worth $500.00, you will not have a claim worth pursuing. On the other hand, if there was some serious accident, say, over $2,000.00 worth of damage or more even, then you may indeed have a claim worth pursuing. What I recommend people do is to go to a local body shop, they are experts in body repair and accident identification. Ask them about the vehicle's condition, what was done and/or needs to be done, the structural integrity of the vehicle and the cost to fix. If it's a serious problem, contact a lemon law/auto fraud attorney for help.

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  • Can a company ban shipment of products to a state in protest?

    We own a company in California and want to protest the treatment of one of our providers/suppliers in the State of Minnesota. Can we continue to ship products and goods to everywhere else but refuse orders from Minnesota?

    Scott’s Answer

    For me, it's difficult to imagine that you ship to "everywhere else" ie, 49 states and territories and do not at least have a relationship with a business attorney? So, my "go to" response is ask your lawyer! That said, if you do not have such a relationship, the general rule is you can contract with whomever you wish and for anything, as long as it is legal. So, you will need to have a lawyer look at your agreements before just protesting...

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  • Is it possible to make a case and sue a car dealership for not obtaining the title of a vehicle that they sold to a customer?

    My family purchased a used vehicle 4 months ago from a reputable dealership located in Santa Monica. We paid for the car in full and the dealership said they would handle all the fees, DMV registration etc. Fast forward to last week and the DMV s...

    Scott’s Answer

    This is a breach of the warranty of title. I've brought these cases multiple times. They have to pay your attorney if you bring such a case and you are successful.

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  • Taco Bells $5 box is a lie

    The Taco Bell commercial says for $5 you can get their special that comes with a Burrito Supreme, Crunchy Taco, Bacon Club Chalupa AND a medium drink. What happens is they charge the $5 THEN the price for a medium drink. It comes out to more li...

    Scott’s Answer

    My guess is you misheard or misread or misunderstood. You should have raised your concerns with manager at purchase, not here on a legal forum, later...

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  • I sold car 2 months for $3400. He only paid $1700. I have lien but he keeps avoiding payment. Car is now registered on his name.

    Can I take him to small claims court for evading payment? What Do I need to do? This is a 2000 Mercedes Benz that we agreed to be paid every weekend $500. He also damaged the front of the vehicle. badly.

    Scott’s Answer

    Repossession requires you comply with multiple statutes you almost assuredly have not complied with, so, doing so, would constitute conversion, a mistake. Small claims could get you a judgment, which is BAD for buyer.

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