Title: January 16, 2008
Q. I purchased several Christmas gifts online to be shipped to my sister’s kids in New York. I ordered the gifts at the beginning of December. I just received my credit card bill and the same gifts were billed on my card twice. I called the online company but I am being given the total runaround. What should I do?
A. You need to call your credit card company and file a complaint. Then you need to write a letter to the company you ordered the gifts from and put your complaint in writing. Make sure you address your letter to the President or CEO of the company, and send it by registered or certified mail. Keep a copy of your letter. I would suggest that you mention you will contact the attorney general of the company’s state if you do not obtain a satisfactory result. If you haven’t received a reply within a reasonable time (give it a month), then contact the attorney general of the state in which the company is located and file a complaint with the attorney general. Not only can you get the information online, but with most attorney general’s offices, you can file the complaint online.
Q. I was sued in Superior Court. I filed a cross-complaint at the beginning of December and served it on the attorney. I have yet to receive an answer to my cross-complaint. Isn’t the “answer” time barred by now?
A. Typically, a cross-complaint has to be served on the party himself, unless the attorney informs you that he had permission to be served on behalf of his client. A cross-complaint must be answered 30 days after it was served, the same timeframe as a regular complaint. You should call this attorney and find out if it is was permissible to serve the attorney rather than the attorney’s client. Not every attorney is retained to file a lawsuit on behalf of a client, and to represent him as a cross-defendant as well. If the attorney tells you that he cannot accept service on behalf of the client, then you have to serve the cross-complaint on the cross-defendant. Hire a process server or a sheriff to do that. Even better, hire an attorney so that the entire lawsuit can be handled properly.
Maxine de Villefranche is an attorney and civil general practitioner with 15 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
Showing posts with label credit card. Show all posts
Showing posts with label credit card. Show all posts
Tuesday, March 24, 2009
Monday, March 23, 2009
Legal Eaze #66 Stolen Money and Identity/Poisoned Pet Food
Title: April 11, 2007
Q. My mother lives with us. She has a touch of Alzheimer’s, but she is still active and still takes care of her financial obligations. My daughter, who is 16 years old, somehow got a hold of my mother’s credit card and charged a variety of items, such as jewelry, makeup and clothing on it. I don’t know what to do. Please advise.
A. First, I would make sure that your daughter gives the credit card back to its owner, advise your mother of the situation and that she needs to keep her credit card(s) away from your daughter. Second, you need to have a serious talk with your daughter. She needs to realize that she stole not only money from her grandmother, but also her identity and needs to make up for it. You can take away her weekly or monthly allowance until all the charges she put on the credit card are paid for. Or she needs to get a part-time job and earn some money to pay her grandmother back. To call the police and get her charged with identity theft may be counterproductive, Your daughter committed a crime that could have grave consequences for your daughter’s future if she was to repeat her actions.
Q. I believe my cats suffer from kidney failure because I have been feeding them canned food made by the company that sold poisoned pet food. I really don’t have the money to take them to the veterinarian and I am devastated and scared to lose my beloved pets. They have both been vomiting, they refuse to eat, they sleep most of the time, they drink a lot of water and urinate more than usual. What do you advise I do?
A. Ask the veterinarian to give you credit until you can pay for the care of your pets, or borrow the money, otherwise you may very well lose your pets. Menu Foods, the Canadian company that sold the poisoned food will be sued through a class action soon. It bought wheat from China, where the use of rat poison is not forbidden like it is in the USA to kill rats in their wheat fields. The wheat gluten, a source of protein, is added to canned pet food to thicken the sauce. Many pets have died or have suffered from kidney failure. I myself have fed some of the poisoned food to my dogs, noticed their loss of appetite for a few days, saw my female vomit a couple of times, but fortunately the dogs recovered quickly. Your cats need urgent medical treatment. Menu Foods will pay for the care of your cats, however you will more than likely have to give up your right to take part in the class action should you use their help in caring for your animals.
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
Q. My mother lives with us. She has a touch of Alzheimer’s, but she is still active and still takes care of her financial obligations. My daughter, who is 16 years old, somehow got a hold of my mother’s credit card and charged a variety of items, such as jewelry, makeup and clothing on it. I don’t know what to do. Please advise.
A. First, I would make sure that your daughter gives the credit card back to its owner, advise your mother of the situation and that she needs to keep her credit card(s) away from your daughter. Second, you need to have a serious talk with your daughter. She needs to realize that she stole not only money from her grandmother, but also her identity and needs to make up for it. You can take away her weekly or monthly allowance until all the charges she put on the credit card are paid for. Or she needs to get a part-time job and earn some money to pay her grandmother back. To call the police and get her charged with identity theft may be counterproductive, Your daughter committed a crime that could have grave consequences for your daughter’s future if she was to repeat her actions.
Q. I believe my cats suffer from kidney failure because I have been feeding them canned food made by the company that sold poisoned pet food. I really don’t have the money to take them to the veterinarian and I am devastated and scared to lose my beloved pets. They have both been vomiting, they refuse to eat, they sleep most of the time, they drink a lot of water and urinate more than usual. What do you advise I do?
A. Ask the veterinarian to give you credit until you can pay for the care of your pets, or borrow the money, otherwise you may very well lose your pets. Menu Foods, the Canadian company that sold the poisoned food will be sued through a class action soon. It bought wheat from China, where the use of rat poison is not forbidden like it is in the USA to kill rats in their wheat fields. The wheat gluten, a source of protein, is added to canned pet food to thicken the sauce. Many pets have died or have suffered from kidney failure. I myself have fed some of the poisoned food to my dogs, noticed their loss of appetite for a few days, saw my female vomit a couple of times, but fortunately the dogs recovered quickly. Your cats need urgent medical treatment. Menu Foods will pay for the care of your cats, however you will more than likely have to give up your right to take part in the class action should you use their help in caring for your animals.
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
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