Tuesday, September 25, 2012

How many days do I have to cancel a contract for the purchase of a car?


I get asked over the years about how many days someone has to cancel a contract.   Just recently at JeffJacobsonLaw.com I received an email concerning this. 

Usually, they bought a car and the next day they realized it is not right for them.  So, when can you cancel a contract in Illinois?

First the bad news.  You cannot, I repeat can not, cancel a contract in Illinois unless there is a law that allows you to cancel it.  There are only three laws that allow the cancellation of a contract.  The purchase of a car is not one of them.

Here is a list of some of the items that you may be able to cancel.  Also, please be advised that over time, some of these laws will change.  You should always seek the advice of an attorney prior to making a purchase.  Also, each of these items has exceptions to them.

1.  When you refinance your house, you have 3 days to cancel the contract.  You must make sure you follow the law on cancelling the contract.  Also, this does not apply to a loan you apply for to purchase the home.  It does not apply to loans for business purposes. 

2.  When you purchase something for more than $25 and the sale is at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants.  Under the Federal Trade Commission rules, you have 3 days to cancel this contract.

3.       The purchase of a gym contract allows you to cancel the contract within 3 days, or if you move, die or have a disability.  You have to move more than 25 miles from one of their facilities and they cannot find a comparable facility for you within 25 miles.

When cancelling the contract, you must follow the rules for cancelling the contract.

As you can see, the purchase of  a car does not meet any of the exceptions above. 

For more information, including the current laws and how they impact you, go to my web site at www.JeffJacobsonLaw.com or email me at Info@JeffJacobsonLaw.com.

Monday, September 10, 2012

Contested versus uncontested divorce

So, what is the difference between a contested and uncontested divorce?  In an uncontested divorce, the parties are able to work out the issues in the following areas:

  1. Custody
  2. Visitation
  3. Child support
  4. Maintenance
  5. Division of assets
  6. Division of debts
Typically, all of the issues are worked out between the husband and wife.  If there are disputes, then it is not uncontested.

Contact me at Jeff@JeffJacobsonlaw.com for more information

JeffJacobsonLaw.com

Bankruptcy - chapter 7

There is a lot of information out there on bankruptcy.  What can be discharged under chapter 7 and what can't be.  Most of the questions I receive are highly technical, and I enjoy them.  So, keep asking the questions.  This post is on the process for a chapter 7 bankruptcy when you don't have assets to pay off your debts.

The first thing that we do is go over the financial information with our client.  We then inform them of the requirements under a chapter 7.  We determine, based on the information you provide us is whether you can file a chapter 7.  There is a means test which is a baseline of whether you meet the requirements for a chapter 7.  Then, we retrieve your credit report.  This is incorporated in your bankruptcy schedules, along with all the information you provided us.  Once you review the information to make sure we have it correct, we will file it with the Bankruptcy Court.  At this point, no creditor can contact you concerning your debts.  You must take counseling, and report to us the completion before we file.  Once we file, you have to take debtor education and report to us your completion.

When we file your petition, we are given the trustee's name and the date we meet with the Trustee.  At the trustee meeting, they will ask you questions concerning your financial condition.  Do you plan on inheriting money, is the information you listed correct...?

If the Trustee finds that you don't have assets, he will find that.  Then the Bankruptcy Judge will Order that your debts are discharged.  If there are assets, the assets will be used to pay off as much of your debts as there are assets.

Finally, the Court will order that your debts are discharged. After this, you no longer are responsible for your debts.

for more questions, please feel free to contact us.


Contact me at Jeff@JeffJacobsonlaw.com for more information

JeffJacobsonLaw.com