Chico Consumer Protection Agency

Our department assists clients with complaints against businesses and issues dealing with fraud, identity theft, credit/other types of debt, and general questions regarding bankruptcy. We are also able to help provide legal information surrounding contracts, small claims court, lemon law (car sales and other consumer goods), probate law (wills and trusts), insurance claims/disputes, disaster insurance recovery, licensed contractor disputes, dog bites, escrow questions, and other potential consumer issues. Along with providing legal information in the above areas of law, we are able to inform people on how to file complaints to federal agencies such as the Federal Trade Commission.

In the Chico Consumer Protection Agency, we assist roughly forty to fifty clients per month. Not only do we strive to provide information that can aid businesses against frivolous lawsuits, but we also provide individual clients with legal consumer information to protect them from unfair or illegal business practices.

Disclaimer

The Community Legal Information Clinic (CLIC) is an undergraduate law clinic comprised of paralegal interns only. WE ARE NOT ATTORNEYS AND CANNOT PROVIDE YOU WITH LEGAL ADVICE NOR LEGAL REPRESENTATION. We are paralegal interns and provide legal information only.

All information is provided by paralegal students. All information is purely information and is not meant to be taken as advice. All information is typically specific to California law, but may occasionally be more general or federal law. We are not affiliated with any of the third-party links and provide these only to further your potential research.

Frequently Asked Questions

1. What is Small Claims Court and how much can you typically sue for?

   Small Claims Court is a source for remedy of smaller/quicker suits, where the “plaintiff” suing the “defendant” must do so without being represented legally. Suits can range from property damage to disputes with contractors about repairs on a home. When suing someone, there are options to consider:

   1. Mediation with the opposing side
   2. Whether the opposing side has actual money to award you if your case wins
   3. Get help from a local court’s Small Claims Advisor
   4. Making sure to file with the right court

   Generally, you can sue an individual in small claims if the other side owes you less than $12,500, or $6,250 if you’re suing as a business.

   The filing fee for a small claims case is usually:

   • $30 if you’re suing for up to $1,500
   • $50 if you’re suing for over $1,500 and up to $5,000
   • $75 if you’re suing for over $5,000 and up to $12,500
   • $100 if you’ve filed more than 12 small claims cases in the past 12 months

   Visit the California Courts small claims guide for more basic information.

   Forms that will be needed may be dependent on the court/county you are attempting to file a small claims court claim with. For Butte County, Butte County small claims form packets gives self-help access to varying packets of forms, including “Small Claims”. Another source for help on filling out forms is the California Courts small claims forms guide. SHARP (Self-Help and Referral Program) in Butte County is also available to help with filling out specific forms regarding your issues and can be reached through their phone number at 530-532-7015.

2. What is the difference between a "living trust" and a "will"?

   A will is a legal document that says how you want your property distributed after you die. A living trust is a legal document that lets you name a successor trustee to manage assets for the beneficiaries you list. If assets are properly placed into the trust, they may be able to pass to beneficiaries without going through probate court.

   Living trusts can be more complicated than wills, so it may be helpful to speak with an attorney or legal self-help resource before creating one. Visit the California Courts wills, estates, and advance care planning guide for more information about wills, living trusts, and other estate planning documents.

3. What do I do if I think my identity has been stolen?

   If you believe your identity may have been stolen, you can report it to the Federal Trade Commission (FTC). You can submit a claim online through the FTC identity theft reporting website. The FTC also recommends contacting any companies you know the fraud has been involved with and putting out a fraud alert. The FTC has an FTC identity theft rights page as well as FTC identity theft prevention information. You can also file a report with your local police department. The California Attorney General also has a page for California identity theft first aid information.

4. What are “Lemon Laws”?

   “Lemon law” is a term that refers to protections a consumer may have in regards to the purchasing of a car. When getting stuck with a defective or repeatedly broken vehicle, there may be specific lemon laws enacted in your state that could solidify your chances of receiving a refund or replacement of the purchased vehicle. Typically, lemon laws protect new vehicles purchased through the manufacturer/dealer but can also vary depending on the state’s requirements.

   You can visit Nolo’s used car lemon law guide for more information on lemon law.

   You can visit Autopedia’s California lemon law requirements for California’s specific lemon law requirements.

   Autopedia’s main website is another helpful source.

5. What is “escrow” and what are the responsibilities of the homeowner and homebuyer?

   Escrow is a period of time that is known as the process of buying/selling a house, usually between the signing of a contract and the actual “closing” of the house purchase.

   Visit Nolo’s escrow guide for home sellers for specific information on the process and your role as a home seller.

   Visit Nolo’s home buyer closing process guide for information regarding the “closing” process and what to expect as a home buyer.

   Visit the California DFPI escrow general definitions page for general definitions regarding escrow.

   Visit the California DFPI Escrow Law information page for information regarding “Escrow Law”.

6. Are there ways to clear, or “knock off” consumer debt from your personal record?

   One potential way to deal with consumer debt is through negotiation with the creditors. If negotiation with creditors occurs, there is a possibility that they may choose to settle debts for lower than the original amount owed or they may provide more time to attempt paying off the consumer debt. You can visit Nolo’s debt settlement negotiation guide for information regarding debt settlement/negotiating with creditors.

   If you visit the California Courts bankruptcy self-help guide, you can learn about another way to deal with consumer debt through the process of filing for bankruptcy.

   You can visit Nolo’s credit card debt settlement guide for more information regarding debt settlement, which is another option that could clear some consumer debt from your record.

7. What is Power of Attorney, and generally what are the holder's responsibilities?

   A Power of Attorney is a legal document that gives someone else the power to represent you for certain important legal decisions. The person signing the Power of Attorney is known as the “Principal”, while the person appointed to represent the Principal is known as the “Agent” or “Attorney-in-fact”. The Power of Attorney can be used to give someone else the authority to make decisions for you if you are unable to make them yourself, or are not available at the time. Power of Attorney can also be used as an alternative to guardianship in some cases.

   The Agent can be responsible for many different financial decisions. Decisions including, but not limited to, bank deposits and withdrawals, buying or selling property, paying bills, trading stocks, hiring people to help the Principal, filing the Principal’s tax returns, and more. However, when signing a Power of Attorney, the Principal can limit the kinds of financial decisions the Agent can make.

   You can visit the Orange County Superior Court power of attorney self-help page for more detailed information and FAQs.

   Other forms, links, and self-help tips regarding Power of Attorney in California can be found at the Sacramento County Public Law Library legal forms page.

8. What is the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy?

   Chapter 7 bankruptcy is typically referred to as “liquidation” bankruptcy, while Chapter 13 bankruptcy is referred to or thought of as “reorganization” or repayment plan bankruptcy.

   You can visit Nolo’s Chapter 7 versus Chapter 13 bankruptcy guide for more information and comparison between the two.

   For general information about bankruptcy and the different types, you can visit the California Courts bankruptcy self-help guide.

   Visit the U.S. Courts Bankruptcy Basics page for federal bankruptcy laws and processes.

9. What is “student loan forgiveness”?

   You can visit Nolo’s student loan debt topic page for general information and links on student loan debt.

   Student loan “forgiveness” or cancellation is where the debtors may be eligible to no longer make loan payments due to specific circumstances, typically relating to the individual’s job. Instances that are eligible typically for forgiveness or cancellation are: attending a school that closed, being a teacher or having an occupation in some type of public works, you are disabled, or you die.

   You can visit Nolo’s federal student loan forgiveness and cancellation guide for information regarding qualifications of student loan forgiveness and other basics.

   For forms, you can visit the Federal Student Aid forms library.

   Another way to handle student loans and discuss potential student loan forgiveness is by contacting your student loan holder or servicer.

   The Federal Student Aid forgiveness and cancellation page also has extensive information regarding student loan forgiveness.

   Other ways to deal with student loan debt can be found at Nolo’s student loan debt relief options guide.

   “Undue hardship” - a qualification that if met can potentially clear all student loans through bankruptcy - is discussed as another potential option of dealing with student loan debt at Nolo’s student loan bankruptcy hardship guide.

10. What should I do if someone’s dog bit me and had medical expenses to pay?

    Dog owners are generally responsible for their dogs and harm or damage they may cause. If the dog bite resulted in medical expenses, the owner is usually responsible for the reimbursement of the medical bills, any time lost from work for the victim, as well as pain and suffering. There are exceptions to this, however, and every case is different. You can visit Nolo’s dog bite responsibility guide for more information on who's responsible, and what to do in this situation.

11. What are the differences between a copyright and a trademark?

    When it comes to protecting “intellectual property” - your thoughts, ideas, catchphrases, etc. - both copyrights and trademarks can potentially aid in this protection. Copyrighting helps more with original works of expression, such as a book or movie, and prevents others from copying/stealing those works without the owner’s permission to do so. Trademarking, on the other hand, protects what copyrights do not: names, phrases, titles, logos/symbols, etc. The nature of trademarking is to “distinguish” one’s self/business from others with an original idea/logo/name.

    Both copyright and trademarking can be used concurrently, in an instance where the artistic aspects of a company’s logo or a movie poster is protected by a copyright while the actual name or title of the work is protected by a trademark.

    You can also visit the USPTO trademark, patent, and copyright comparison page.

    For more information specifically on copyrighting, you can visit the U.S. Copyright Office copyright basics page.

    For information specifically on trademarks, such as the basics of trademarking or where to apply for one, you can visit the USPTO trademark information page.

Helpful Links

• NOLO legal information home page - Source full of legal encyclopedias, forms, books, software, and referrals. You can search by your issue or your location. This website has an abundance of useful free information, but it should be noted that some information or forms may require a purchase.
• California Courts Self-Help homepage - This courts website allows you to look up any legal question you may have. There is a search bar, as well as different common categories to choose from. These pages will provide all legal options and information about these different issues. It is important to note, however, that this is the California Courts website, so all codes and laws are relevant to California and may differ in different states.
• California Courts county court finder - When filing a claim to the court, there are usually county specific documents that need to be turned in as well as the standard state documents. This website allows you to look up your own county and determine if there are additional documents that need to be filled for a claim.
• Butte County Self-Help and Referral Program page - The SHARP program was developed to provide free legal assistance to those who may not have an attorney. It is a self-help center that provides assistance regarding family law related matters in Butte, North Butte, Lake Tehama, and Glenn County. They focus on issues regarding divorce, guardianships, restraining orders, etc.
• Butte County Superior Court form packets page - If you already have an idea of what forms you are looking for, this website provides several different packets of court forms and has them grouped together by different common legal issues.
• Butte County Superior Court legal terms glossary - Legal terminology can be very confusing. This website provides a long list of common legal words and phrases with simple definitions.

If you have any specific questions or need more information regarding one, feel free to give us a call at 530-898-4354 and ask for CCPA.