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David M. Kasell
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David Kasell’s Answers

992 total


  • How does this work 4 Serve Legal Papers ? A person, aged 18 or over, who is not a party to the case may serve papers by ma

    WHEN serving legal papers and it says a person "who is not a party to the case" means what? If a lawyer is representing his client, then he is not a party to the case? So why must the lawyer hire a Process Server if he is not a party to the ca...

    David’s Answer

    You are correct, someone who is 18 years of age or older that is not a party to the action may serve the papers and complete an affidavit of service. Lawyers are expensive. It is cheaper to hire a professional process server that have a lawyer serve the papers.

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  • Can I get my money back from a shady car dealer

    I went to car dealer. The internet price was $3999. When I saw truck on lot, it was listed for $6995. I was told if I put a deposit down I can get a refund. I put a $1600 deposit down. I pick up the truck and it doesn't have an inspection sticker...

    David’s Answer

    There may be disclaimers regarding the Internet price. However, it is possible that they are guilty of false advertising. Make sure you get a copy of the Internet ad before they take it down. They may have violated the law and not having the vehicle inspected prior to sale. Additionally, if the finance company calls do not lie about your down payment. You should consult with a knowledgeable consumer law attorney that practices automobile fraud or one that is familiar with automobile financing issues.

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  • Will I lose my car?

    My ex girlfriend came into some money and decided to purchase herself a new Honda. I went with her to the Honda dealership for the test drive. At the end of the test drives, she decided to purchase two vehicles with the intent of giving me one and...

    David’s Answer

    If there is nothing in writing it will be difficult for her to prove that she is entitled to get this vehicle back. Furthermore, if she stops making the payments the vehicle may get repossessed but it will affect her credit, not yours and because, as you have explained she was the one who agreed to the purchase.

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  • What is considered as "properly served" in New York if the certified U.S. mail is not deliverable to the party being served?

    A process was served by an entity on the New York Secretary of State as agent for a New York LLC that was already dissolved. The party that is trying to sue the LLC by serving the papers through the Secretary of State as the agent of that LLC. The...

    David’s Answer

    If the LLC were dissolved, legally speaking, it no longer exists. Depending on the nature of the claim you might be able to serve the individuals for corporate entities that were members of the LLC.

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  • Will I be responsible if a bank doesn't approve my auto-loan even after I surrender the car?

    If I bought a car through financing and I put down the down payment, signed a contract and then few days later, the bank didn't approve my loan. I surrendered the car after 4 days from buying so I'm not in possession of the car any longer. I just ...

    David’s Answer

    The answer can get a little bit complicated. You have a contract to purchase the vehicle at a particular price. Very often, the dealership will try to assign your loan contract to a different bank. You should consult a lawyer who is knowledgeable about these transactions. Otherwise, you may end up with a voluntary repossession on your credit. Dealerships are in the business of selling vehicles not taking them back.

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  • I just wanted to know if this is legit. This guy emailed this to me.

    Here is a Great Opportunity for you! You will be working with at least 300 envelopes per week. You will receive payment through Western Union or MoneyGram. You can receive your compensation two ways, either monthly or bi-weekly. Monthly compensati...

    David’s Answer

    When something sounds too good to be true, it usually is. This looks suspicious and is most likely a scam.

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  • Will I be able to cancel a contract for a car I bought less than a week ago and my paperwork hasn't been forwarded to the bank?

    I live in Massachusetts. I saw a car ad in New York for $8999. I call the dealership and a lady agent confirms that's the price on the car. I drive 4.5 hrs to go buy the car. When I reach the car dealership, the same lady that I spoke with earlier...

    David’s Answer

    You should contact a New York attorney familiar with automobile fraud issues.

    Immediately print a copy of the advertisement before it gets taken down off the Internet. You should then take all of the documents that you have and consult a New York attorney familiar with automobile fraud, in particular the Truth in Lending Act. At the very least, based on the ad and what you are charged it sounds like you could have a false advertising claim.

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  • Do I have a lemon car?

    Bought brand new 2016 Subaru Outback Premium, no finance. Car just cranked up failed to start 3 times. Then after a few hours, the car would start as usual. In March 2016, it was the first failure was after 7 months and 3850 miles. The car was to...

    David’s Answer

    It is not clear if you have the requisite number of repair attempts to qualify the lemon law. You will need to be able to prove that you gave Subaru and its authorized dealers four or more attempts to remedy the problem within the first 18,000 miles or two years (whichever came first) of your ownership of this new car.

    Consultant with a knowledgeable One Law attorney and be prepared to show the attorney all of the repair orders that you have.

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  • Dealer delivered wrong car.

    I just bought a financed car from a dealership in NY yesterday because they gave me a deal I couldn't refuse. I have the car in my possession right now.. The vin number on contract and vin number of car are matching .. Car is already registered an...

    David’s Answer

    As I have had many car dealers tell me, "A deal is a deal". If that was not the intended deal, why did they give you that paperwork and that car? I think that if they take any action you would have a very good case against them. I do not think you have any legal obligation to return this car or pay them any more for it.

    Furthermore, any attempt to force you to pay more may trigger a violation of the Truth in Lending Act.

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  • Can I sue dealership for misleading me and can I get my down payment back

    I bought a car gave a down payment the dealership told me the bank approved my loan and I left with my car it's been two weeks I sold my previous car and the dealership calls to tell me the the loan wasn't officially approved and the bank is pulli...

    David’s Answer

    The dealer may not agree but technically, they made you a loan to finance your vehicle Unless the contract makes the sale contingent on financing. The other question that arises is, can they find a financial institution to assign that loan to at a profit for themselves.

    The dealer will likely require you to get a cosigner or to put more money down for the purchase or some other requirement which is technically illegal. If any of that happens you should immediately contact someone specializing in these types of auto issues.

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