Unfair And/Or Deceptive Acts Or Practices – Kansas
  • Published: February 5, 2021

Kan. Stat. Ann. §§ 50-623 Through 50-640 and 50-675a through 50-679a Consumer Protection Act For all Kansans, one of the most important consumer laws is the Kansas Consumer Protection Act. Borrowing words from the Kansas Supreme Court, the Kansas Consumer Protection Act allows consumers that are harmed by deceptive or unconscionable acts or practices to act as their own “private attorney general” and take steps to protect their rights. In addition, the law allows the state attorney general and local district attorneys to take steps to protect consumers. Unfair or Deceptive Acts or Practices under the KCPA can be broken down as follows: Prohibited Practices under The KCPA Any deceptive acts or practices including but not limited to 12 enumerated prohibitions, one of which is willful concealment of material fact; unconscionable practice, determined by considering 7 enumerated factors. Scope of… Read More

Tax Foreclosure Sale And Surplus Funds
  • Published: January 25, 2021

Your home has been foreclosed on, or sold for failure to pay real estate taxes, what happens next? 2020 has been incredibly difficult for many people, and foreclosures and tax sales are likely to only go up in 2021. It is important to know that you have some rights that are seldom explained. Although, unless you can repay delinquent amounts, there may be nothing to stop the sale of property, you (or your heirs) are not completely out the equity that has accumulated in the real estate being foreclosed upon. It is frequently not shared with homeowners that if your property is sold for more than is owed to the bank or government entity seizing the property, that you (or your heirs) are entitled to any money collected in excess of the amounts owed. This can sometimes be significant money… Read More

Protecting Yourself And Your Family From Abuse In Kansas.
  • Published: December 17, 2020

Every year there are men, women, and children that are put through some very tough situations. If you are facing a situation where you are subject to abuse, here are some steps that you can take to protect you or your loved ones in the Sunflower State. In Kansas, if there is abuse of either the parent or child, as defined under the Protection from Abuse Act, an individual may request a Protection from Abuse Order by filing a Petition with the Court. The Protection from Abuse Order will protect an individual, or their child(ren) from abuse immediately. What Is The Legal Definition Of Abuse In Kansas? Under K.S.A. 60-3102, “abuse” means the occurrence of one or more of the following acts between intimate partners or household members: Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily… Read More

The Self-Representation Crisis
  • Published: December 9, 2020

Every year, Americans encounter life-changing problems they can’t resolve because our civil courts are a complex maze. At some point, most people have a problem like a divorce or wrongful treatment by a landlord or debt collector and need a legal solution. But millions lose their cases in civil court, not because they’ve done something wrong, but because they don’t have the information or legal help they need. Whether your are in the landlord tenant docket in Wyandotte County District Court, the limited actions docket in Johnson County fighting a hospital bill, or associate level court in Jackson County Circuit Court, self-represented litigants are the norm in courts across the Kansas City Region. Judges are forced to make hard decisions on whether a family can stay in their home or medical debt is really owed. Most of these self-represented litigant… Read More

Premarital Agreements In Kansas
  • Published: May 27, 2020

So, you want to get married, and you are deciding what the next step is. You have heard of these things called prenuptial agreements. , but you’re not really sure what they are. 1) What is a prenup? A prenuptial (“prenup”) agreement is essentially a contract between two people considering marriage that establishes rights to property and support in the event of divorce or death. It is not, as some would say, an early admission of defeat. First of all, conversations about finances and assets are important before entering into marriage. In order for a prenup to be enforceable, each person must have made a full disclosure of all their financial interests. These conversations make sure that a couple is on the same page, and have been open and honest with each other. For example, will the couple have combined… Read More

Grandparent Visitation Rights In Kansas.
  • Published: May 27, 2020

  Grandparent’s rights are important. When a life changing event occurs, such as a divorce, death of a child’s parent, or a paternity action, grandparents have a legal right under Kansas law, K.S.A. 23-3301, to request court-ordered visitation with their grandchild(ren). A grandparent must establish that they have had a substantial grandparent-grandchild relationship and that it would be in the best interests of the child, or children, for the court to order the same. In order for a grandparent to establish, or prove, that a substantial relationship exists, a grandparent needs to show: 1.) The number of times they visited the child, or how often they have been involved in the child’s life; 2.) The events or activities that the grandparent attended or is involved in with the minor child and the frequency of that involvement; 3.) The frequency of… Read More

Car Title History
  • Published: May 26, 2020

The various titles and other documents evidencing a car’s history are often key to discovering exactly how a car’s history differs from that represented by the dealer. The detailed title history is often more revealing than the summary title history described in the prior section. Not only is there no substitute for obtaining copies of the actual records to determine if there have been alterations, forgeries, information left blank, and other problems, but the actual records will show the names and addresses of prior owners. These records are also likely to be admissible in court, while a summary title report will not be. Summary reports also will only reliably indicate transfers to a purchaser for use, and may not indicate transfers from one dealer to another, from an insurance company to a body shop, or from a body shop to… Read More

Salvage Title Issues
  • Published: May 25, 2020

So, you bought a car that was in a serious prior accident that was not disclosed to you? This scenario is increasingly common. Often a vehicle’s prior history as a wrecked car is hidden from potential buyers. Even if a car seems to run well and looks aesthetically nice, the car’s history of serious damage means that its true market value is dramatically decreased. A “Total Loss” Vehicle The number of vehicles deemed a “total loss” by insurance companies has been rapidly increasing. Believe it or not, the average age of a car on the road in the United States is almost twelve years old. A “total loss” vehicle is simply a car that would cost more to repair properly than it is worth. How then can rebuilders be part of a thriving industry that buys these salvage vehicles, rebuilds… Read More

Stop Debt Collector Harrasment
  • Published: May 23, 2020

If you are receiving harassing phone calls, letters, and emails from a debt collector, there are numerous ways to put an end to this conduct. If the conduct is truly egregious, as detailed in our Fair Debt Collection Practices Act blog post, you may even be able to collect penalties, damages, and attorneys’ fees from the collector (collecting from the collector is one of the greatest 180s in the legal game). In this post, however, we will detail how to stop the harassment, how to take back control, and how to put an end to the incessant demands of the debt collector utilizing these few steps: 1. Know Who You Are Dealing With. There are some very unscrupulous debt companies out there. Naturally, there are some very professional companies that know the law, use best practices, and treat debtors with… Read More

Counterclaims In A Debt Collection Case
  • Published: June 19, 2019

Do Not Just Pay The Money You owe the money and there is nothing you can do, right? To the contrary, in many collection actions the consumer will have significant counterclaims. Filing fees and arbitration requirements may be avoided and federal claims stay in state court. The debt collector may be less willing to dismiss its claims and may prosecute the collection case more aggressively in order to vigorously contest the counterclaim. Courts that hear collection cases may not have judges willing to put in the extra time that counterclaims require. A good example of a collection case that raises numerous potential counterclaims is when the collector is seeking to recover a deficiency after a car repossession and repossession sale. The consumer may have counterclaims under Uniform Commercial Code Article 9 and other state laws relating to the repossession and… Read More

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