Title: November 1, 2006
Q. I purchased a pant outfit from a catalog. When I received it, I tried it on and noticed that the top was discolored as though it had been left in the sun for a long time. The color of the top did not match the color of the pants. I returned the outfit the next day via UPS, the same way I received it. I also filled out the return form and mentioned that the top was discolored and not up to the standard I was expecting from the catalog house. I later received an invoice from the company notifying me that I’m the one who damaged the outfit and I was expected to pay for the returned item. I am outraged. What do I do?
A. Make sure you read the company’s return policy. If it says you can return the merchandise if you are not satisfied for any reason, then you will prevail. Even if it does not say you can return it for any reason, you will still prevail. I would write to the customer service department a long letter explaining that you do not appreciate getting called a liar, and never buy anything from this company again. If you keep receiving an invoice, make a complaint to the Attorney General of the state where the catalog company is located, as well as the Better Business Bureau. If the company insists on billing you, let them know you will not pay and will put an energetic defense to any lawsuit filed against.
Q. My neighbor’s kid is learning how to play the drums. He spends every evening and weekend banging on a drum set in their garage which is about 20 feet from my bedroom. If it continues much longer, I will become either deaf or crazy from the noise. I have asked my neighbors to have pity on me and to panel their garage with some sort of sound barrier but to no avail. What can I do?
A. You have the right to quiet enjoyment of your property and the noise coming from next door is a private nuisance. If your neighbors are unreasonable, you should consider filing a lawsuit for nuisance. Maybe you should approach them again and let them know that you are thinking about filing a lawsuit if they do nothing to protect your sanity or your hearing. You need to calmly approach them and explain how serious the nuisance is. If you have other neighbors who are disturbed by the noise, you should pair up with them in filing your lawsuit. . .
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment