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
Showing posts with label invoice. Show all posts
Showing posts with label invoice. Show all posts
Monday, March 23, 2009
Thursday, March 12, 2009
Legal Eaze #33 landscaping damage/ care for children after death
Title: October 26, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I live in one of the houses below the large development of new houses taking place at the corner of Curry and Highline. Last winter was one of the wettest on record, as everyone knows. As a result, because there was nothing but uncovered dirt in that development, mud ran down the streets below, covered our lawn and destroyed all the landscaping in our front yard. Just a few days ago, we had a lot of rain and again the mud ran down the street. It cost us substantial amount of money to replace the landscaping and a lot of hard work to make our front yard attractive again. How can we avoid a repeat of last year?
A. I hope you contacted the developer and made a complaint about the mud damaging your front yard. In fact, you should have given the developer an invoice for the cost of replacing your landscaping, as well as whatever you paid for the hired labor to clean up your front yard. If you made no contact, the developer will never know what hardship he caused the neighborhood downstream. In fact, this should have been a collective effort on the part of the entire neighborhood to invoice that developer for the problems he caused. Had that been done, the developer would have been on notice and would have ensured that a dam would have been built to protect that neighborhood. If there are still mounds of uncovered dirt above you, make sure to contact the developer to notify him of your past problems and that you do not want this to happen again, otherwise he will be liable for subsequent damages.
Q. I’ve had two children with my boyfriend in a past life, who has long ago left town. My children are now respectively 15 and 11. I was just diagnosed with advanced lung cancer and I don’t think I am going to make it past next year. I need to get my kids taken care of after I pass away. What should I do?
A. It appears that you want their father to take care of them, but you cannot find him, or know of his whereabouts. If this man never paid child support, you are wasting your time chasing him down. Your children are better off with a person of your own choosing. Make sure to prepare a will with a guardianship provision, naming a trusted individual to care for your minor children. It could be your sister, your mother or a friend. If you have no one in mind, and you die before your children are 18, then Court will probably send them to a foster home.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I live in one of the houses below the large development of new houses taking place at the corner of Curry and Highline. Last winter was one of the wettest on record, as everyone knows. As a result, because there was nothing but uncovered dirt in that development, mud ran down the streets below, covered our lawn and destroyed all the landscaping in our front yard. Just a few days ago, we had a lot of rain and again the mud ran down the street. It cost us substantial amount of money to replace the landscaping and a lot of hard work to make our front yard attractive again. How can we avoid a repeat of last year?
A. I hope you contacted the developer and made a complaint about the mud damaging your front yard. In fact, you should have given the developer an invoice for the cost of replacing your landscaping, as well as whatever you paid for the hired labor to clean up your front yard. If you made no contact, the developer will never know what hardship he caused the neighborhood downstream. In fact, this should have been a collective effort on the part of the entire neighborhood to invoice that developer for the problems he caused. Had that been done, the developer would have been on notice and would have ensured that a dam would have been built to protect that neighborhood. If there are still mounds of uncovered dirt above you, make sure to contact the developer to notify him of your past problems and that you do not want this to happen again, otherwise he will be liable for subsequent damages.
Q. I’ve had two children with my boyfriend in a past life, who has long ago left town. My children are now respectively 15 and 11. I was just diagnosed with advanced lung cancer and I don’t think I am going to make it past next year. I need to get my kids taken care of after I pass away. What should I do?
A. It appears that you want their father to take care of them, but you cannot find him, or know of his whereabouts. If this man never paid child support, you are wasting your time chasing him down. Your children are better off with a person of your own choosing. Make sure to prepare a will with a guardianship provision, naming a trusted individual to care for your minor children. It could be your sister, your mother or a friend. If you have no one in mind, and you die before your children are 18, then Court will probably send them to a foster home.
Monday, March 2, 2009
Legal Eaze #32 Speeding Misdemeanor/ Unwanted Magazines
Title: October 12, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
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