Skip to main content
Christopher M. Lefebvre
Avvo
Pro

Christopher Lefebvre’s Answers

242 total


  • Do I have any legal standing with a used car dealer?

    At a used car dealer, I found a car I liked and agreed to purchase it. It was a Saturday and the banks were closed. The dealer ran my credit and told me I would need a 2k$ down payment. They took my down payment that day. I asked 3 times if everyt...

    Christopher’s Answer

    If you drove off the lot, I think you have a binding agreement ( cant tell from your posting). However, the documentation you signed may contain a clause that makes the deal contingent upon financing. If you didn't take the car and they are changing the deal, demand a refund and if they don't give you the money back then sue them!

    See question 
  • If creditors are excluded from the Fair Debt Collection Practices Act, what law is in place to protect the consumer?

    What laws are in place to protect consumers against highly abusive and aggressive creditors since they are excluded under the FDCPA act? Would there be a special case where a creditor would be treated as a debt collector if the abuse is severe?

    Christopher’s Answer

    To answer your question: Very few! Rhode Island has no effective consumer protection provisions in this area. They have to be pretty damn abusive to get relief in Rhode island for abusive debt collection practices that are not subject to the FDCPA. I have been lamenting this fact for 28 years!

    See question 
  • What rights does a 14 year old minor have in the matter of placement?

    My son has asked on several occasions that he be allowed to stay with me on a permanent basis, with reasonable visitation with his mother. She has been using guilt tactics (including threatening to commit suicide if he leaves her) in order to get...

    Christopher’s Answer

    My suggestion is file a motion to modify and if he doesn't want to go back you are not required to tie him up and bring him to mom. She can come and get him and have to deal with a miserable unhappy child until the court hearing. or you could file a request for expedited treatment. Discussion of suicide with a child is definitely abusive and is warning sign that his mother has some serious mental health problems.

    See question 
  • Can a bank freeze your checking account if u have not been able to pay on your credit card from the same bank?

    Lost my part time job and full time job is slow so my income went way down and I have a checking account with the same bank that I have a credit card that I haven't paid on in couple of months...it is a balance of about $600 on the credit card

    Christopher’s Answer

    Not sure your question has been accurately answered. Your question is very narrowly tailored to a credit card debt. There is a specific statute under the Federal Truth in Lending Act that specifically addresses this issue. The answer is NO. A bank can not withdraw monies from an account to secure payment of a delinquent credit card debt. if they do then they violate the TILA and you could sue them, get statutory and actual damages and your attorneys fees would have to be paid. There are several class actions dealing with this issue. The law is different when dealing with other types of general debts.

    See question 
  • Do i still pay the finance company first payment on vehicle even tho it has been returned to dealer?

    financed 08' vehicle that did NOT pass inspection for safety reasons, after weeks of attempts to get items fixed, owner/dealership ignores me, and nothing was ever fixed when i finally did get it into his shop! I have returned the vehicle and serv...

    Christopher’s Answer

    The liability on the note is not extinguished just because you sent out a 93a demand letter. I suspect your financing contract has language in it that makes the financing entity subject to all defenses that you may have against the dealer. But typically until you iron out your problems with the dealer and get the underlying contract paid off and rescinded, your credit will be dinged and harmed if the payment is not being made. So if you are concerned about preserving credit then you may want to continue to make payments regardless of the issues with the vehicle. This is a common problem.

    See question 
  • Is it LEGAL 4 a law firm to SIT on my case for 3yrs; 2 weeks B4 Statute of Limit. Xpires & tell me they'l no longer handle it??

    I filed a lawsuit against MBTA 3yrs ago & law firm i filed with ONLY called 2 day to tell me i have 2 weeks B4 statute of limitat. runs out to find an atty to 'handle' this!! Is that LEGAL to do thst to someone?? Thanks for the help!

    Christopher’s Answer

    Is it legal-I think it is. HOWEVER, I think it is totally unprofessional. A lawyer has a duty and obligation to zealously represent their clients. It is very unfair and probably unethical for a lawyer to sit on a case for 3+ years and on the eve of the statute of limitations expiring telling you that they are not interested in the case. Couldn't the lawyer have made the decision sooner? Of course he/she could. Find someone that will treat you right. But you better get to some lawyer BEFORE the statute of limitations period expires.

    See question 
  • Can I remove my name from a student loan I signed for my (now) ex husband?

    My ex husband and I divorced 2 years ago but while we were married, I signed him for a student loan, I am the main borrower. We divorced on good terms for our child's sake and have remained friends for the most part, however, we made a verbal agre...

    Christopher’s Answer

    I think you are out of luck. A verbal side agreement is not enforceable. But even if there was a provision in your divorce decree requiring your ex husband to pay these debts, that decree is meaningless in the the eyes of the student loan creditor. They could care less what a Family Court Judge says. They have the absolute right to chase either one of you as signatories on the loans. Very dangerous when you co sign a debt for anyone.

    See question 
  • Windows sticker on vehicle doesn't match equipment on my vehicle, what should i do after manufacturer offers a buyback?

    Bought a car in march, the window sticker stated it had a 3 mode racing suspension, it was a great deal, without that option i would not have purchased it. The dealership confirmed that what the sticker states is what the vehicle has. I traded a v...

    Christopher’s Answer

    They have breached the express warranty on the vehicle. I would demand that you be made 100% whole. A "buyback" of the vehicle should get you pretty close to being 100% compensated. Just be careful. dealers try to cheat consumers all the time in this type of situation.

    See question 
  • Can i return the car if they don't fix it ? can i get my deposit back? can the loan be canceled? what are my options?

    i purchased a car 3 weeks ago $15000. i have 30 day 1000 mile warranty and then the rest of factory . i had to take it back the week after i purchased because 1 of the tires keeps losing air. it happened again this week also i started hearing ch...

    Christopher’s Answer

    I would definitely recommend that you bring the car back to the dealer. Tell them what is wrong with it and ask them to fix it. Makes sure you get an invoice when you drop car off and abosolutely without any question demand an invoice when you pick up the car. I would also use my cell phone to record the conversations during drop off and pick up. I am assuming the dealer is in Rhode island. Good luck and don't let them cheat you.

    See question 
  • What does judgement passed mean for us as plaintiff

    We got a letter from court didn't know we had court deffendent filed for relief they put passed in judgement what does that mean

    Christopher’s Answer

    If you provide an attorney a complete case number he or she will be able to look at the court docket and likely tell you exactly what happened in your case. Most lawyers don't charge for this service.

    See question