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<?xml-stylesheet type="text/xsl" href="http://prairielaw.com/utility/FeedStylesheets/rss.xsl" media="screen"?><rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:wfw="http://wellformedweb.org/CommentAPI/"><channel><title>General Consumer Rights</title><link>http://prairielaw.com/forums/37.aspx</link><description>Start using the &lt;A href="http://business-law.lawyers.com/small-business-law/Small-Claims-Worksheet-by-State.html"&gt;Small Claims Worksheet&lt;/A&gt; for your state or these &lt;A href="http://consumer-law.lawyers.com/General-Consumer-Forms.html"&gt;General Consumer Forms&lt;/A&gt;&lt;BR /&gt; 


&lt;A href="http://research.lawyers.com/glossary/"&gt;Glossary of Legal Terms&lt;/a&gt;&lt;br&gt;  &lt;a href="http://research.editorial.lawyers.com/State-Attorney-General-Offices.html" target=external&gt;State Attorney General Websites&lt;/a&gt;&lt;br&gt;  &lt;a href="http://consumer-law.lawyers.com/Finding-Legal-Help-for-Consumer-Issues.html"&gt;Guidelines for Selecting a Consumer Issues Lawyer&lt;/a&gt;&lt;br&gt;&lt;br&gt;    &lt;font class=copyred&gt;&lt;b&gt;Live Chats:&lt;/b&gt;&lt;/font&gt;&lt;BR&gt;  &lt;a href="/chat/list.asp?"&gt;Bankruptcy, Debt &amp; Credit chat with Michael Siegel, select Tuesdays 10-11 PM ET&lt;/font&gt;&lt;/a&gt;  </description><dc:language>en</dc:language><generator>CommunityServer 2008.5 SP1 (Build: 31106.3070)</generator><item><title>Question on Statue of Limitations on Debt owed to DMV</title><link>http://prairielaw.com/forums/thread/504308.aspx</link><pubDate>Thu, 09 Sep 2010 00:13:15 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:504308</guid><dc:creator>NQuinteros</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/504308.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=504308</wfw:commentRss><description>&lt;p&gt;I need some help on an issue which dates back 23 Years!! I lived in New Jersey 23 yrs ago and they charged surcharges on there residents of points on there license. Well I moved out of the state to Virginia and lived here ever since. &lt;/p&gt;
&lt;p&gt;I received a letter from DMV stating that I need to take care of the suspension in NJ or be suspended. Well a hell of a surprise today when I called NJ DMV, I will hate to find out what that debt is after 23yrs tomorrow. I was no longer a resident of NJ and was asked to turn over my license when I moved to VA so why should I have to pay surcharges when I am no longer a resident? Isn&amp;#39;t there a statue of limitations on a debt like this, especially after 23 yrs???&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Can we cancel a 3 year contract without paying the balance?</title><link>http://prairielaw.com/forums/thread/503039.aspx</link><pubDate>Fri, 03 Sep 2010 01:12:37 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503039</guid><dc:creator>MOTHERHEAVY</dc:creator><slash:comments>7</slash:comments><comments>http://prairielaw.com/forums/thread/503039.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=503039</wfw:commentRss><description>&lt;p&gt;I signed up our three children for a Hapkido (martial arts) class this past January. We had the option of a one year or three year contract. I chose the three year contract because, (1) it was less expensive compared to the one year contract when based on the services provided, and, (2) our kids were very interested in the program after having participated for about a month.&lt;/p&gt;
&lt;p&gt;We are now about 9 months into the contract and the kids are basically &amp;quot;done&amp;quot; with the program. I have reviewed the contract and it sure seems one sided. There seems to be no way out of the contract early unless we want to pay the full balance that we would otherwise pay if all three stayed in for the full term. The one thing that sticks in my mind however is that the owner has said on more than one occasion to one or more of my kids that if they are not interested after particpating for a year they can quit. My thoughts on this are (1) the owner is only make a verbal comment (not in writing) and he is not saying what would have to happen at the end of that year (e.g. pay the remaining balance, pay the difference of what we would have paid had we signed a one year contract, etc.).&lt;/p&gt;
&lt;p&gt;On an economic basis, we are still managing to make the monthly payments but the loss of a job or drop in income for some other reason would make us have to chose other more important bills over this one.&lt;/p&gt;
&lt;p&gt;I&amp;#39;d like to know what, if any, recourse we might have in this situation as I truly cannot see our kids or us sticking this out for another 27 months.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Exempt from WCI</title><link>http://prairielaw.com/forums/thread/501942.aspx</link><pubDate>Sat, 28 Aug 2010 13:51:41 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501942</guid><dc:creator>Cica</dc:creator><slash:comments>14</slash:comments><comments>http://prairielaw.com/forums/thread/501942.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501942</wfw:commentRss><description>&lt;p&gt;I don&amp;#39;t believe this.&amp;nbsp; I searched a GC whom I plan(ned) to hire for window replacement throughout the house.&amp;nbsp; His license is active on the CSLB board.&amp;nbsp; However, &amp;quot;&lt;em&gt;This license is exempt from having workers compensation insurance; they certified that they have no employees at this time.&amp;quot;&lt;/em&gt;&lt;/p&gt;
&lt;p&gt;Does this mean skip him, or can a &amp;quot;waiver&amp;quot; dismissing his employees from injury liability protect me?&lt;/p&gt;
&lt;p&gt;I don&amp;#39;t do this kind of stuff, so if the question seems stupid, sorry ...&lt;/p&gt;
&lt;p&gt;Thanks for any input.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Wage Garnishment &amp; Bank Account levy</title><link>http://prairielaw.com/forums/thread/503882.aspx</link><pubDate>Tue, 07 Sep 2010 06:19:51 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503882</guid><dc:creator>yellowsweater</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/503882.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=503882</wfw:commentRss><description>&lt;p&gt;I had a home foreclosed on 12 years ago. Too much asbestos and lead paint problems. The company that did some home improvements (not related to the asbestos &amp;amp; lead) put a second lien on the home. Soon the House went into foreclosure. Debt was supposedly charged off.with the first and second mortgages. Years later the home improvent firm sued me for the balance that is astronoomical now. They got my wages attached. I have been paying with the garninsment for about two years. But now I was laid off. Will be looking in to unemployment.&amp;nbsp; I just received notice in mail that they are attempting to levy my bank account. Question can creditors be garnishing your wages and taking your bank account funds.? How stop this&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Dental Records</title><link>http://prairielaw.com/forums/thread/503274.aspx</link><pubDate>Fri, 03 Sep 2010 20:30:04 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503274</guid><dc:creator>stargold</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/503274.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=503274</wfw:commentRss><description>&lt;p&gt;I have a issue with a Dental group, they did not provide services that were agreed apon and as a result I now have pain and discomfort, also when I paid for my dental records they did not give full records to be reviewed.&amp;nbsp; How can I get them to give full dental records. And get my teeth fixed right. &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Payment of legal fees</title><link>http://prairielaw.com/forums/thread/503423.aspx</link><pubDate>Sat, 04 Sep 2010 20:37:20 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:503423</guid><dc:creator>Marie Marie Marie</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/503423.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=503423</wfw:commentRss><description>&lt;p&gt;I had a lawyer work with me to settle my divorce. There was money held in escrow, from which he collected his fee at the closing of the case. When I inquired about signing a contract, he said it was not needed since the money held in escrow would be used to pay the legal fees. So we have no contract and he supposedly ( with no results) did some work for me subsequent to the collection of the initial fee. His office is now trying to collect the extra fees, with interest. I am willing to pay the fee in installments, however, the monthly amount is not agreeable to them. They have notified me that they will refer the balance to a collection agency. Do they have grounds to do this since I did not sign a contract for their services?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Somebody is at fault... who?</title><link>http://prairielaw.com/forums/thread/502791.aspx</link><pubDate>Wed, 01 Sep 2010 19:31:54 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:502791</guid><dc:creator>david hinesjr</dc:creator><slash:comments>10</slash:comments><comments>http://prairielaw.com/forums/thread/502791.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=502791</wfw:commentRss><description>&lt;p&gt;On July 16, 2010, I rented a car in Delaware to go on a famly vacation to Virginia. On July 19, 2010, my wife and kids along with two other family members&amp;nbsp;were&amp;nbsp;traveling back to Delaware and were stopped in Maryland by MTA police just passed the harbour tunnel. The police had shut down interstate 95 northbound lanes to stop my wife.&lt;/p&gt;
&lt;p&gt;The Officers ( 4 police officers ) order my wife out of the car at gun point and had her walking backwards towards them. She was the ordered to the ground and handcuffed.&amp;nbsp; My kids were then&amp;nbsp;ordered out of the vehicle one at a time and ordered to the ground. &lt;/p&gt;
&lt;p&gt;Once everyone was out of the vehicle one of the officers informed my wife that she was being arrested because the vehicle ( 2010 Nissan Altima ) she was driving was reported stolen out of West Philadelphia.&lt;/p&gt;
&lt;p&gt;My then show the officers the rental contract and they tried to intimadate her telling her that the only reason that the vehicle could be report stolen was that I reported it you and him must have gotten into a fight.&lt;/p&gt;
&lt;p&gt;My wife repeatly told the officers that everything was fine and that she had the necessary paperwork for the vehicle.&amp;nbsp; Keep in mind that my kids are laying on the side of the road while they attempt to interview her and now it is raining. People were traveling on the south side taking picture and filming my wife and kids&amp;nbsp; and yelling at the police to let them go.&lt;/p&gt;
&lt;p&gt;This goes on for several hours until someone contacts the rental company and looks further at the stolen vehicle report.&amp;nbsp; Police and rental company agree that the vehicle wa reported stolen on June 23, 2010 out of West Philadelphia. They agree that my wife had the proper paperwork.&amp;nbsp; They contact me and inform me that the vehicle was being towed and wife was being arrested.&amp;nbsp; &lt;/p&gt;
&lt;p&gt;When I leave Delaware to get my wife and kids in Maryland My wife calls me and informs me that they let her go because they were violating her civil rights.&lt;/p&gt;
&lt;p&gt;Does anyone see anything wrong beside. 1. negilgence 2. endagering my family 3. humiliation 4 embarrassment 5. unlawful detention 6. letting a stolen car leave the scene. 6. what was the proable cause to stop this vehicle in the first place&amp;nbsp; for the MTA its call Driving while black in a new vehicle in the early morning hours.&lt;/p&gt;
&lt;p&gt;And now I can&amp;#39;t find the right type of lawyer. Because we did nothing wrong.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Serious Problem with a loan company</title><link>http://prairielaw.com/forums/thread/502629.aspx</link><pubDate>Wed, 01 Sep 2010 02:15:23 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:502629</guid><dc:creator>taz8056</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/502629.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=502629</wfw:commentRss><description>&lt;p&gt;&lt;strong&gt;In jul of 2005 I took&amp;nbsp; out a loan with a well known company with a 5 year payback plan. In April of 2007 I lost my job to a career ending disability in which I was placed on and am still on SSDI.&amp;nbsp; I did take out their insurance plan in which I did file a claim.&amp;nbsp; Be it know that my past payments were never late and I continued to make payments on time untill the claim was approved at whcih time the insurance company took over.&amp;nbsp; On 24 Oct 2008 I recieved a letter from the loan company which advised me that said loan was now Paid In Full.&amp;nbsp; Documents included were cover letter, note stamped paid in red, and the original signature/witness sheet.&amp;nbsp; Made me feel really good knowing that I did the right thing by taking out the insurance.&amp;nbsp; Now comes the problem.&amp;nbsp; Up until last week 25 Aug 2010 I had not heard from nor received any correspondence from this company.&amp;nbsp; All of a sudden, I&amp;#39;ve been turned over to their collection unit who is saying that I still owe them over $1,200.00.&amp;nbsp;&amp;nbsp;I told them about the pay off document that I had in my possession.&amp;nbsp; They told me that they also had a copy of that, however, it was no longer valid.&amp;nbsp;&amp;nbsp;As I said, two years and no calls, letters, anything and in a matter of 5 days, I&amp;#39;ve been sent a late notification, three phone calls and have had my excellent credit score probably pretty much messed up.&amp;nbsp; I really feel as if I&amp;#39;m being scammed from these people as from what I&amp;#39;ve heard they are closing their doors. Please, any help or advise would be really appreciated.&amp;nbsp; Please keep in mind that I do have the pay off note along with the envelope it came in.&amp;nbsp; thanks in advance.&lt;/strong&gt;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Wood Floor Damaged by Delivery Company</title><link>http://prairielaw.com/forums/thread/501241.aspx</link><pubDate>Wed, 25 Aug 2010 18:43:00 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501241</guid><dc:creator>SAK335</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/501241.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501241</wfw:commentRss><description>&lt;p&gt;My wife and I bought a brand new house.&amp;nbsp; The day we moved in we had a refrigerator delivered and installed by a &amp;quot;big box home improvement store&amp;quot; (BBHI).&amp;nbsp; Apparently when the installer attached the water line for the ice maker, he cross-threaded the fitting and it started a slow leak.&amp;nbsp; We left the house to pick up our belongings from storage and when we returned the next day, the floor was flooded and the wood floor damaged.&lt;/p&gt;
&lt;p&gt;We called the BBHI store and they apparently had used a subcontractor (SUB) for the installation.&amp;nbsp; The SUB sent out a restoration company that dried the floor for several days with fans and dehumidifiers and treated the area to prevent mold.&amp;nbsp; They then sent out a guy to look at the floors and he determined that it could be refinished which would require sanding down the floor, staining it, and then sealing it.&amp;nbsp; We were told this would take a week, and we would need to vacate the house.&lt;/p&gt;
&lt;p&gt;The process to get to this point has been nearly three months and required us to constantly call and ask for status, etc.&amp;nbsp; The SUB tried to get us to sign a waiver admonishing them of any responsibility, even before the repairs were arranged or done.&amp;nbsp; Finally we resorted to filing a complaint against the local&amp;nbsp;BBHI store with their&amp;nbsp;corporate and the store operations manager has been assisting in getting the SUB to return calls.&amp;nbsp; I followed this up with a demand letter to the SUB asking for: 1. Hotel, meals, etc. while we were out of the house&amp;nbsp;while repairs are conducted; 2. Letter from an engineer or expert that the damage was repaired with no long-term ill effects; 3. Compensation for time spent and the hassle of the entire event (we have to move&amp;nbsp;everything out of the entire ground floor of the house (about 1800 sq. ft - no small task).&lt;/p&gt;
&lt;p&gt;Given the time and trouble we have been&amp;nbsp;subjected to, I don&amp;#39;t think it is unreasonable&amp;nbsp;to ask for compensation.&amp;nbsp; What I don&amp;#39;t know is how to&amp;nbsp;compute a &amp;quot;fair&amp;quot; amount.&amp;nbsp; What are the guidelines?&amp;nbsp;&amp;nbsp;Also, is there anything that I am&amp;nbsp;missing and should consider?&amp;nbsp; Thanks in advance for any replies.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Unprofessional workmanship</title><link>http://prairielaw.com/forums/thread/488970.aspx</link><pubDate>Mon, 05 Jul 2010 20:15:24 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:488970</guid><dc:creator>skier303</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/488970.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=488970</wfw:commentRss><description>&lt;p&gt;I hired a&amp;nbsp;tiler to tile my bathroom floor . When the contractor first came to my house to give me an estimate, I specifically asked him for a bid to remove the existing pergo and tile the floor.&amp;nbsp; The contractor told me it would be cheaper to just tile on top of the pergo.&amp;nbsp; Throughout the rest of our conversation, I asked him repeatedly if he&amp;#39;s sure that&amp;#39;ll work, and he kept assuring me it won&amp;#39;t be a problem.&lt;/p&gt;
&lt;p&gt;They did their job, it looked absolutely beautiful, and I paid in full.&amp;nbsp; A couple of weeks later, I noticed some minor cracking in the grout.&amp;nbsp; I called the contractor, and he came back and patched up the cracks, and left the floor once again looking beautiful.&lt;/p&gt;
&lt;p&gt;Since then, the cracks have returned in approximately the same spot where they were before.&amp;nbsp; Upon further research, I have come to realize that you CANNOT tile over a floating pergo floor.&amp;nbsp; The pergo floor moves, thus causing the grout to crack.&amp;nbsp; And while the cracks in my grout are fairly minor and at worst a minor visual blemish, I have learned that there is no repairing this.&amp;nbsp; &lt;/p&gt;
&lt;p&gt;I cannot afford to tear out the tiles (which were not cheap) and then pay for another tile job (which wasn&amp;#39;t cheap, either).&amp;nbsp; &lt;/p&gt;
&lt;p&gt;IF the contractor refuses to work with me, is this something I can sue him for?&amp;nbsp;&amp;nbsp;All I want is the properly installed tile floor that I already paid for.&amp;nbsp; We do have a written contract, which simply states he is to install tile in my bathroom, which he did.&amp;nbsp; I did verbally agree to let him install on top of pergo, having absolutely no idea that you cannot install tile on a floating floor.&amp;nbsp; I trusted his expertise, only to find out later what he told me is incorrect.&amp;nbsp; &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Plumbing Material Defect in condo built 19 years ago!</title><link>http://prairielaw.com/forums/thread/501633.aspx</link><pubDate>Thu, 26 Aug 2010 23:52:56 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501633</guid><dc:creator>Brenda Andy</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/501633.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501633</wfw:commentRss><description>&lt;p&gt;We bought a condo in a 3 untit building 5 years ago. One unit was renting so much that I decided to research and get seperate water meters! The original plan was builder was going to move in one and there were no rental allowed but when he went under and the bank couldn&amp;#39;t sell them they allowed renting but never change the ONE meter! Anyhow, when I brought this up at the meeting, The rental unit said they just found out along with the other neighbor that their upstairs bathroom water and hot water was connected to the other untit and that would have to be fixed first???? They want the HOA to pay???? This is not fair for I don&amp;#39;t think they did not know before and statute of limatations is way past for construction defect and imagine this guy renting has owned since day one, made hundreds of thousands of dollars renting (we&amp;#39;re on the beach) not to mention free water and heated hot water to one bathroom????? Shouldn&amp;#39;t they be responsible to repair it???&amp;nbsp; HELP&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>No reserve auction breach of contract???</title><link>http://prairielaw.com/forums/thread/501381.aspx</link><pubDate>Thu, 26 Aug 2010 05:17:39 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501381</guid><dc:creator>misela</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/501381.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501381</wfw:commentRss><description>&lt;p&gt;Good day,&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; I&amp;#39;ve recently been defrauded by a rock star based Waco, TX, from whom I purchased a lot of scaffolding. I won the item in a popular internet site in a no-reserve auction. I paid for the product via a well-known money transfer company (660 USD). After paying the seller emailed me to ask me to call him. I did, and then he told me he would not give me the lot for less than $4,000.00 since it cost him $17,000.00. After that I emailed him to try to resolve the problem since I need the item, and offered him $3,000.00. Then he emailed me back to tell me that he wanted $7,000.00 for the item.&amp;nbsp; Now,&amp;nbsp;a week&amp;nbsp;after this I had to rent some scaffolding for my work site.&amp;nbsp; &lt;/p&gt;
&lt;p&gt;My preferred option is a no-win-no-fee lawyer. I&amp;nbsp;have all documentation regarding the case and don&amp;#39;t see how I could possibly lose as this is a clear case of a breach of contract. &lt;br /&gt;If you are able to give me some advice on this matter I would greatly appreciate it, I am a Canadian citizen living in Mexico (I am not resident in the USA), but I could travel to US for an interview.&lt;/p&gt;
&lt;p&gt;Best wishes and thanks for your time.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Shop Owner Lost My Rolex in need of Repair...</title><link>http://prairielaw.com/forums/thread/501403.aspx</link><pubDate>Thu, 26 Aug 2010 09:28:35 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501403</guid><dc:creator>plittle1203</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/501403.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501403</wfw:commentRss><description>&lt;p&gt;Several years ago my Oyster Perpetual Lady Datejust (2 tone) fell off my wrist &amp;amp; ran over by a Honda Accord vehicle.. The two tone band was undisturbed, however the crystal smashed, the hour hand broke ,as well as some of the numerals.. The watch itself was not flattened or broken opened.. &lt;br /&gt;&amp;nbsp;&lt;br /&gt;I obtained this watch while I was married to my ex-husband.. This watch was purchased by my ex-husband from his business expenses (he was a builder, and often we entertained developers as hopeful future clients).. I understood the watch wasn&amp;#39;t given as a gift, it was an asset of the company like the computers, FAX machine, vehicle, etc., During our divorce the watch was a forgotten matter, an non-issue.. I suppose because it had been damaged.. I never listed as items I had of the business, nor did he list it as an item he was missing. I had the watch in my safe along with important papers, other jewelry.. It was actually cleaning out the safe that I found the watch.. So I wanted to find out the cost to repair, if not possible the value as scrap gold (along with other gold odds and ends).. Again, I thought nothing of it sine this was not an issue at our divorce. &lt;br /&gt;&amp;nbsp;&lt;br /&gt;November &amp;#39;09 I took the watch to a local jewelry retail shop that repairs jewelry and Rolex watches on the premises.. The owner (Steven) of the shop helped me. I sat with him in his office as he weighed up my gold and paid me a modest price. He saw the damage of the watch and suggested I leave it , and I should call the shop in a few days for the the findings. I was there for about an hour, having conversation, meeting his wife, hearing jokes.. I was very comfortable with the people. Day 5 I called and the gentleman said he has to send the watch out, I should call back in a few days. I called the following week and he didn&amp;#39;t hear back from his &amp;quot;watch man&amp;quot; yet.. Give him a few days, and call back.... After 3 weeks of being told one thing or another and still not a word about the quote, I asked to have the watch back as to get some prices elsewhere. Steven told me he cannot find the watch, perhaps his &amp;quot;watch man&amp;quot; still unknowingly has it.. He added &amp;quot; the repair can run between $400 or $500, not worth the repair and he could reimburse me by the value of gold as scrap... but he felt it was un repairable&amp;quot;, he will get back to me tomorrow, so I should call him.. I wasn&amp;#39;t feeling comfortable about this situation now.. So I said &amp;quot;I have someone in Buckhead who&amp;#39;s interested in the watch especially for the damage.. They want to take a look at it for the challenge of repairing for the technicians in training. They can possibly repair it at a discounted price or pay the value in gold scrap and then some, for the experience..&amp;quot; This statement was not true.. I really didn&amp;#39;t have anyone lined up to look at he watch.. However, I wasn&amp;#39;t interested in the quote from Steven at his point.. Thus far, it has been too many times I was told to call, and when I call Steven he was busy and I should call back later in the day..&amp;nbsp; It was turning to be a task by keeping up with the jeweler on a constant basis rather then he just figure the quote and call me (as it&amp;#39;s normally done) I called him a few days later than instructed, and Steven said the watch cannot be found, but it wasn&amp;#39;t repairable anyway and he can give me the best price of it&amp;#39;s gold value than anyone else. I wasn&amp;#39;t pleased at all by this... I told him I would call back.. After sitting with this a few days (not to mention taking care of everything else I have to care for in my life) I called to speak with him again about this matter.. &lt;br /&gt;&amp;nbsp;&lt;br /&gt;I was told Steven was in Canada (where he&amp;#39;s originally from)and would be gone for a month or two (don&amp;#39;t remember for sure which) I was furious! But my hands were tied.. I explained to whomever what has happened and was told I had to wait until Steven returned as they didn&amp;#39;t know what the details on their end was.. In the meantime I had a death in the family.. While dealing with that, I get a call from my ex-husband telling me our daughter mentioned I was looking to repair the Rolex.. And I should have returned it at the time of our divorce. I explained I didn&amp;#39;t realize I had it, you didn&amp;#39;t list it.. Long story, short.. He wanted the watch, damaged or not.. I explained to him what has been going on with it.. And he was furious, and I sensed he wasn&amp;#39;t believing me about it being lost by way of the jeweler.. Especially that I didn&amp;#39;t have a receipt to show him... It was at that point I called Adam, again...&amp;nbsp; 2 months passed by now, and I was told the Steven was in the hospital-- I was calling every other week at this point .. Apparently his son Adam was answering the calls.. Once again, I explained what the deal was.. Steven remembered the watch, however doesn&amp;#39;t know the details and he will talk to his father about it..&amp;nbsp; I call another week later...Adam said his father refreshed some of the details, however they don&amp;#39;t have any of the paperwork .. He asked if I had a receipt, and I did not..( I know, stupid move..) However, Adam didn&amp;#39;t fuss about it, and he did have memory of my watch. He wanted to see if he can find any paperwork and can I call back in a week.. A week later I&amp;#39;m calling again..&amp;nbsp; We went round and round for the next 3 or 4 calls..&amp;nbsp; And then Adam&amp;nbsp; offered me $800.00, I told him I will get back to him the next day (as I wanted to talk this over with someone to see if it was fair), And Adam suggested I call around and check out the price. I called my ex-husband and told him of the offer.. He has all the documentation on the watch, and got a quote of $925.00, and told me he won&amp;#39;t accept a penny less.. I called a few Rolex retailers, jewelery shops as well as Rolex repair shops.. Approx. 15 or 16 shops.. All but one was interested in speaking to me concerning this matter..&amp;nbsp; The watch can be purchased at $2,000 -$2,500. concerning condition, documentation etc.,&amp;nbsp; Being the loss of the watch, the length of time dealing with the issue and the value of the gold, $800.00 was&amp;nbsp; a fair price. Oh, and less than 1% of Rolex watches cannot be repaired.. In fact, I was told that Rolex are built to last forever.. And some jewelers/repair techs gave me examples of experiences they had in repairing charred Rolex that was in a housefire.. Another a safe was dropped, it was repaired.. It&amp;#39;s the price your will to pay that determines if gets repaired or not..&amp;nbsp;&amp;nbsp; I planned to accept the $800. offer and pay out of pocket, myself.. the $125.00. So I call Adam to accept the offer of $800.00 and his father Steven answers the phone. He asks who I am, and I refresh his memory by mentioning the smashed lady&amp;#39;s Rolex I brought in, and my husband wants $925.. before I could finish he says to me &amp;quot;I remember, that watch was repaired for $400.00.. I can&amp;#39;t pay $925.00 for it...&amp;quot; I said &amp;quot;But you said it was lost.. and it wasn&amp;#39;t worth repairing anyway... Besides, it wasn&amp;#39;t to be repaired without discussing the cost with me first&amp;quot;.. He said it was repaired by accident! I said I will talk to Adam tomorrow.. And we hung up..&amp;nbsp; I get Adam on the phone the next day and he begins with &lt;br /&gt;&amp;nbsp;telling me he read some paperwork wrong and cannot offer no more than $300.00. He claimed some of the movements were rusted, and the band wasn&amp;#39;t all gold (2 tone) and it didn&amp;#39;t weigh as much as he thought.. Again, he tells me to call around (I know I have already).. I told him the prices I got, and I emphasized the band was 2 toned (meaning it was not ALL gold, rather it had some stainless steel in-between the gold links..) I told him this is not what I was told about my Rolex, furthermore my choice to repair or not was taken from me when it was lost.. Obviously your shop couldn&amp;#39;t do it.. However there are plenty who feel it could have been, especially after hearing about those disastrous mishaps other folks had with their watches.. And now it&amp;#39;s going to cost me money to my ex-husband because I don&amp;#39;t have the watch I left with you! Now I have to accept what your telling me.. And your father told me the watch wasn&amp;#39;t lost, it was repaired for the tune of $400! Adam told me NOT to listen to his Dad... They do not have the watch, nor was it repaired...&amp;nbsp; He said call me tomorrow, let me talk to my father.. I call 2 days later and he wants me to come into the shop.. I do so, only to go over the value of the watch as scrap, again!! And the most he can offer is $500.00... I wouldn&amp;#39;t accept that offer either.. He asked if he can have an hour, as he wanted to talk to his attorney&amp;#39;s..&amp;nbsp; I said &amp;quot;sure&amp;quot;, my daughter and I went for some lunch, came back and he wasn&amp;#39;t there!!! &lt;br /&gt;&lt;br /&gt;My question is, what is the obligation of a jewelery store owner (corporation) loosing jewelry... What is their obligation to satisfy the consumer?? &lt;br /&gt;Thank you all, I appreciate your time and patience concerning this issue...&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>[Satellite tv] breaking contract -- "buyers remorse" period?</title><link>http://prairielaw.com/forums/thread/501288.aspx</link><pubDate>Wed, 25 Aug 2010 22:44:36 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501288</guid><dc:creator>paniolo</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/501288.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501288</wfw:commentRss><description>&lt;p&gt;I signed up with [Satellite tv] on August 13.&amp;nbsp; Ever since installation, it&amp;#39;s been one thing after another!&amp;nbsp; Hardly a day has gone by when I didn&amp;#39;t have to call their &amp;quot;customer service.&amp;quot;&amp;nbsp; Well, that&amp;#39;s what they call it but all I got were lies, rude people, unreturned phone calls and hung up on.&lt;/p&gt;
&lt;p&gt;I realize I entered into a two year agreement but there MUST be a period for &amp;quot;buyers remorse!&amp;quot;&amp;nbsp; In any case, there MUST be some way to get out of a contract like this!&amp;nbsp; I did NOT sign up for a &amp;#39;service&amp;#39; which would require me to call them literally nearly EVERY day at least once a day,&amp;nbsp;most of the time several times a day.&amp;nbsp; Also, I have lost reception TWICE in less than TWO WEEKS!&amp;nbsp; The first time I lost all reception, they told me it would take them a week and a half to send out someone.&amp;nbsp; I ended up calling the gentleman who installed the service for me and paid him to come fix it earlier.&amp;nbsp; Yesterday my service AGAIN&amp;nbsp;went out completely.&amp;nbsp; Both times the signal was lost for no apparent reason and it had nothing to do with installation.&amp;nbsp; It was equipment failure.&amp;nbsp; The second time, I already had someone scheduled to come out on Sept 2, which was, supposedly, their first available time.&amp;nbsp; Since I lost service twice so far and the weather has been nice, I&amp;#39;m thinking about winter.&amp;nbsp; I&amp;#39;m absolutely positive that, if I had remained with [them], I would have NO TV at all throughout the winter!&amp;nbsp; This is not fair!!&lt;/p&gt;
&lt;p&gt;I cannot believe this!&amp;nbsp; I am SO fed up with them, I finally called this morning.&amp;nbsp; I spoke with a VERY rude person.&amp;nbsp; He kept trying to threaten me with a $480 &amp;quot;early cancellation fee.&amp;quot;&amp;nbsp; I told him I will NOT pay it because as far as I&amp;#39;m concerned, I have not received the service a reasonable person would expect and also, there MUST be a period of time longer than 24 hours for &amp;quot;buyers remorse.&amp;quot;&lt;/p&gt;
&lt;p&gt;I&amp;#39;ve now been hearing terribile things about [Satellite tv], such as, they zap money out of your credit card!&amp;nbsp; If they did this at this time, it would have me overdrawn for the first time in my life!&amp;nbsp; Besides, I feel I am very well within my rights not only to cancel their service but that I should NOT be held liable for the &amp;quot;early termination fee&amp;quot; since it has been less than TWO WEEKS, which I consider a VERY reasonable amount of time in which a person should have to change their mind.&amp;nbsp; Also, when&amp;nbsp;I was signing up, a &amp;quot;customer rep&amp;quot; told me that the early termination fee would be $199 -- NOT $480, a complete RIP OFF!&lt;/p&gt;
&lt;p&gt;Has anyone else experienced anything like this?&amp;nbsp; I am currently in WA State if that makes any difference.&amp;nbsp; Any and all help will be greatly appreciated!&amp;nbsp; Thank you!!!&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>doctor-patient confidentiality problem</title><link>http://prairielaw.com/forums/thread/501274.aspx</link><pubDate>Wed, 25 Aug 2010 21:25:57 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501274</guid><dc:creator>Mariel</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/501274.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501274</wfw:commentRss><description>&lt;p&gt;Hello All,&lt;/p&gt;
&lt;p&gt;A health entity has given my procedure information with a code to a collection agency.&lt;/p&gt;
&lt;p&gt;The collector called me and told me exactly what I had done at the clinic. I was shocked!&lt;/p&gt;
&lt;p&gt;I need&amp;nbsp;a lawyer to take my case, I&amp;#39;m confident that they broke my privacy. I have written proof of what they sent to the collection agency.&lt;/p&gt;
&lt;p&gt;Please help! what can I do?&lt;/p&gt;
&lt;p&gt;Thanks!&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Professor bias </title><link>http://prairielaw.com/forums/thread/500508.aspx</link><pubDate>Sun, 22 Aug 2010 22:36:49 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:500508</guid><dc:creator>acras</dc:creator><slash:comments>8</slash:comments><comments>http://prairielaw.com/forums/thread/500508.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=500508</wfw:commentRss><description>&lt;p&gt;I am in the master&amp;#39;s counseling program (no thesis, just classes and an internship) at a small rural, New Mexico college.&amp;nbsp; My advisor, who is also my professor for some of my classes, waited until after one of the classes we had that she felt I was not suited to become a counselor, and that I could potentially cause harm.&lt;/p&gt;
&lt;p&gt;In this program I am a straight-A student, including for classes she has taught me.&amp;nbsp; In this same conversation, she said I am an empathetic person, and that since her opinions and reflections could only be subjective anyway, I might also turn out to be a good counselor.&lt;/p&gt;
&lt;p&gt;I am only posting this issue here to find out what my options are in case this turns ugly.&amp;nbsp; I don&amp;#39;t think anything bad will actually happen, but I do feel I should bring this situation to the attention of the Dean.&amp;nbsp; I can&amp;#39;t concentrate on my studies now, partially because of the unbelievable shock of what she said, and partially because I can&amp;#39;t say for certain how far-reaching her influence might be over my future potential professional contacts, since this is such a rural community, and everybody knows everybody.&lt;/p&gt;
&lt;p&gt;As I stated above, I don&amp;#39;t actually think anything bad will happen, but I did want to know if there might be any legal recourse I could take if the school administration decides that my protesting her actions is unacceptable, and decides to retaliate somehow.&lt;/p&gt;
&lt;p&gt;Any information anyone might have will be greatly appreciated.&amp;nbsp; Thanks in advance!&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>School Billing Issues - Financial Aid Problems</title><link>http://prairielaw.com/forums/thread/501196.aspx</link><pubDate>Wed, 25 Aug 2010 15:28:03 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:501196</guid><dc:creator>shawnmitch</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/501196.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=501196</wfw:commentRss><description>&lt;p&gt;I am a former student with [a] University.&amp;nbsp; The school scheduled me for classes despite my request to not be scheduled because I was having major personal&amp;nbsp;problems where I was not capable of attending class.&amp;nbsp; I failed the current classes because they would not witdraw me and they signed me up for the same classes after I requested for them not to.&amp;nbsp; In April 2010, I had to &amp;quot;forcefully&amp;quot; get them to withdraw me.&amp;nbsp; A few weeks later, I received a notice stating that I owed over $7,555.&amp;nbsp; The school returned all of my financial aid from Oct 2009 through April 2010.&amp;nbsp;I spoke to the school about the matter in May and June 2010.&amp;nbsp; They told me that I needed to get a letter from the actual school instead of the Dept of Education.&amp;nbsp; I was told that the letter needed to be submitted by July 25, 2010 for the financial aid problem to be cleared up.&amp;nbsp; I submitted their request on June 15, 2010 and have followed up several times.&amp;nbsp; Over 2 months later, I am still receiving collection calls and the school has not done anything to clear the matter up.&amp;nbsp; Also, even though they returned all of my other financial aid, the managed to get&amp;nbsp;2 student&amp;nbsp;loans for the new classes they signed me up for without permission. &lt;/p&gt;
&lt;p&gt;In 2004, I had a Pell Overpayment.&amp;nbsp; Even though it was paid off in 2005, it was never cleared off NSLDS. In order for the school&amp;nbsp;to enroll me, I had to get a letter from the Dept of Education stating that the pell overpayment was paid.&amp;nbsp; When I withdrew from the school, the same letter&amp;nbsp;they approved in Oct 2009, was no longer&amp;nbsp;acceptable for whatever reason, so they returned my financial aid with no notice given to me.&amp;nbsp;The same letter was also used to transfer to a new school which I am currently attending.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;I feel that they did this because I left their school.&amp;nbsp; Can schools rip people off like this?&amp;nbsp; Is there anything I can do to fight back?&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Park at your own risk, they painted my car</title><link>http://prairielaw.com/forums/thread/499918.aspx</link><pubDate>Thu, 19 Aug 2010 22:43:01 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499918</guid><dc:creator>dsr</dc:creator><slash:comments>5</slash:comments><comments>http://prairielaw.com/forums/thread/499918.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=499918</wfw:commentRss><description>&lt;p&gt;I work at a place that regulary gets over spray from painting barges outside on it&amp;#39;s employes cars. On one day they had a large platform that needed to be painted ASAP, due to a safety concern. It was big enough to be placed in a paint booth (that they keep right near the parking&amp;nbsp;lot ). The booth was alredy full of things to be painted, rather than clear out the booth they chose to paint it out in the open. For the next three days the platform that had to be painted so it could be used in the moring sat befor it was put in to production. Yes they have a sign in the lot that says &amp;quot;park at your own risk&amp;quot; but whear does negligence come in to play?&lt;/p&gt;
&lt;p&gt;If one of the crains droped some steal on my car can they point to their sign and not be heald responsible also?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Dentist Fraud</title><link>http://prairielaw.com/forums/thread/499896.aspx</link><pubDate>Thu, 19 Aug 2010 21:28:12 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499896</guid><dc:creator>saljfd</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/499896.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=499896</wfw:commentRss><description>&lt;p&gt;I went to a new&amp;nbsp;dentist to get cleaning done on my teeth. They charged me for a procedure they called miscellaneous periodontal procedure. They just cleaned my teeth, there was no periodontal procedure done. When I called them later they said that my teeth had excessive calculus and so they needed the extra cleaning. Cleaning is cleaning and I have had periodontal procedures done before so I know what they are and my teeth required no more cleaning than they have in the past with other dentists&amp;nbsp;so they essentially charged me for something that they didn&amp;#39;t do. What can I do?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>fraudulent charges on debit card</title><link>http://prairielaw.com/forums/thread/493748.aspx</link><pubDate>Sun, 25 Jul 2010 16:51:11 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:493748</guid><dc:creator>Sodell</dc:creator><slash:comments>32</slash:comments><comments>http://prairielaw.com/forums/thread/493748.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=493748</wfw:commentRss><description>&lt;p&gt;
&lt;p&gt;I want to know if a pre-paid debit card is protected from fraudulent transactions under Title 12: Banks and Banking&lt;/p&gt;
&lt;p&gt;PART 205&amp;mdash;ELECTRONIC FUND TRANSFERS (REGULATION E).&amp;nbsp;&lt;/p&gt;
&lt;p&gt;We had several fraudulent transactions that we&amp;#39;re disputing. When I told the bank that they had 10 business days to either&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&lt;br /&gt;&lt;/p&gt;
&lt;p&gt;return our money or provide a provisional line of credit for the amount disputed they told me that this doesn&amp;#39;t apply to them.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&lt;br /&gt;&lt;/p&gt;
&lt;p&gt;I think it does. Who is correct? &amp;nbsp;Thank You for your time.&lt;/p&gt;
&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>How should I proceed with this?</title><link>http://prairielaw.com/forums/thread/499374.aspx</link><pubDate>Tue, 17 Aug 2010 21:06:11 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499374</guid><dc:creator>DD5577</dc:creator><slash:comments>3</slash:comments><comments>http://prairielaw.com/forums/thread/499374.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=499374</wfw:commentRss><description>&lt;p&gt;My wife and I purchased a TV from a store; as we were leaving, the associate at the door grabbed the shopping cart and pulled it back tward the door with me while raising his voice and demanding a reciept. He would not let go of the cart and I could not get the reciept out of my wallet. My wife then took the TV out of the cart, and the man grabbed her. I believe that we were profiled, harrassed, and she was assulted by the employee. We called the police and they told us that all they could do is charge him with harrassment. We also called the store and they were not verry helpful, and told us that they would have someone call us back about the issue. What legal rights do we have? Could/should we sue?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Store refusing Charge-back For Illegal use of Debit Card</title><link>http://prairielaw.com/forums/thread/499228.aspx</link><pubDate>Tue, 17 Aug 2010 05:10:08 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499228</guid><dc:creator>mllandbal</dc:creator><slash:comments>8</slash:comments><comments>http://prairielaw.com/forums/thread/499228.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=499228</wfw:commentRss><description>&lt;p&gt;I recently had my debit card stolen and used at my local walmart to make purchases for around $500 dollars.My issue is that a store is refusing a chargeback that my bank is trying to file with them.When i was called in to the police station to watch video of the suspects using my card the officer pointed out to me that the machine was rejecting the purchases and that a CS was called over and she overrode the machine so that the card could be ran through again and again.I was told by several workers and the main corporate office that company policy is that if a card is rejected at least 2 times in a row that they are supposed to ask for ID or refuse to accept the card.The card was rejected at least 5 times in a row and ID was never requested.The suspects even signed their own name to the card receipt and the card was in a man&amp;#39;s name.When i questioned the store how a card could be rejected so many times and still be able to use the card a total of around 13 times they stated that the suspects went from register to register and thats how they got away with it,but the police officer notified us that the use of the card was after midnight until almost 6 in the morning and at that time the store only keeps two registers open and they are side by side and when they showed us the video footage it showed them only using one register.i lost out on around 100 dollars even though my bank credited437.00 back to me because they refused to credit back 3 smaller amounts of around 15.00 each and then charged me a 50 dollar fee because FDIC regulations state that i am not responsible for any of it but 50 dollars..but shouldn&amp;#39;t that 50 have been included in the 3&amp;nbsp;amounts they didnt credit me back with?that way i would have only had to have about 5 more dollars taken out?And now the store is refusing a chargback and my bank was trying to take my money back away from me because the store wont accept a chargeback. i don&amp;#39;t know if i have a case against the store but my bank suggested i get a lawyer since the companys policy was not followed about the card being rejected so many times,so here i am on here not even sure if i am posting in the right spot and trying to figure out what i can do.I feel that if they had followed policy the money would not have been stolen because they would have asked for ID and the suspects would not have had ID and would not have been able to use the card.Another thing that gets me is they went through the line and tried to buy things a total of around 13 times.dont you think it would have looked supicious to someone if two people came into the store in the middle of the night and kept going through the line over and over again for about 5 or more hours straight and each time they went through they would add or take away products to see if they had enough on the card,maybe its me but if it was my bank card i would automatically know how much i had to spend on the card and not have to go through the line over and over again for hours trying to run purchases through.they also went to three different gas stations three times each over several hours getting beer,cigarettes and gas.i was also told that i could file for restitution from the thieves in court and get my money back if they would ever file an income tax or work ,but both these people live on welfare and live in low income apartments so i know i wont get nothing in that area.It just upsets me because i had worked a day of overtime to get my kids some school clothes and supplies and these&amp;nbsp; thieves could take that away in a blink and me be the one to pay in the long run.Should the store be held responsible for thier employee not following procedure?i was also told that this CS&amp;nbsp; is no longer working for the store since the incident occured.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Can dealership be charged for life/public endagerment?</title><link>http://prairielaw.com/forums/thread/497180.aspx</link><pubDate>Sun, 08 Aug 2010 19:46:02 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:497180</guid><dc:creator>hiwaymutt</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/497180.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=497180</wfw:commentRss><description>&lt;p&gt;Purchased used RV from dealer.&amp;nbsp; On test drive I commented on brakes.&amp;nbsp; Salesman states &amp;quot;they are supposed to feel like that&amp;quot;.&amp;nbsp; I&amp;#39;m a woman and first time RV driver and accepted this statement along with &amp;quot;Our RV tech has gone over this with a fine tooth comb&amp;quot; (as it turns out, tech never had a chance to check brakes).&amp;nbsp; On my first trip to the beach, the brakes failed at an intersection.&amp;nbsp; They went to floor...no brakes.&amp;nbsp; I kept my witts, changed lanes (so no car ahead), shifted down and pumped brakes like crazy.&amp;nbsp; Upon reaching destination there was a strong mechanical burning smell.&amp;nbsp; I made it home, slowly and carefully, and called the salesman and asked him to check with management and mechanic/tech.&amp;nbsp; He said he would investigate.&amp;nbsp; After many calls and emails, the salesman wanted to come check brake fluid during the day and asked me to leave keys.&amp;nbsp; I requested he come while I&amp;#39;m home.&amp;nbsp; One week went by...no action.&amp;nbsp; I went in to speak with manager who denied reponsibility and suggested I bring it to a brake service specialist.&amp;nbsp; I reminded him it was unsafe to drive.&amp;nbsp; The next week the salesman came out (note, not a mechanic) and he informed me the brake fluid was &amp;quot;dry as a bone&amp;quot; ...again he would investigate on what steps to take next.&amp;nbsp; Many days went by without a reponse so I tried to call manager who would not answer my calls.&amp;nbsp; I emailed the next day with a reminder that it was the law for them to have disclosed to me the recall info on the brake light indicator.&amp;nbsp; Well, I got a call from the desk clerk that morning, stating the mechanic would come to put in brake fluid.next week. &amp;nbsp; I reminded her that I also need to know why there was no brake fluid.&amp;nbsp; The mechanic was finally told of the situation and on his insistance he came to check.&amp;nbsp; He was told by management to &amp;quot;put in some brake fluid and leave&amp;quot;.&amp;nbsp; The mechanic came (now 3 weeks into this) and discovered there was plenty of fluid, (salesman lied and manager meant to cover it up?) but that the brakes were locked and non fuctional.&amp;nbsp; He forbid me to drive it and then went to management.&amp;nbsp; Finally management agreed to come pick up the RV for brake work....again, next week.&amp;nbsp; Thank God the mechanic is ethical, because management is not.&amp;nbsp; They were willing to conspire to make me believe fluid was the only problem so they could save some money...at the possible cost of lives.&amp;nbsp; Now I don&amp;#39;t trust them to fix the brakes and will have their job checked elsewhere.&amp;nbsp; Sorry this is so long, but here is my question:&amp;nbsp; Being this vehicle is 16,000 lbs, 30&amp;#39; long, loaded with hundreds of gallons of gasoline and filled with propane: legally, did they intentionally endanger my life and public safety?&lt;/p&gt;
&lt;p&gt;Not that I&amp;#39;m planning to sue or press charges at this point, but I am interested in the legal implications so I know where I stand.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Hotel unauthorized charge</title><link>http://prairielaw.com/forums/thread/498236.aspx</link><pubDate>Thu, 12 Aug 2010 17:29:08 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:498236</guid><dc:creator>RAC_Reaper</dc:creator><slash:comments>7</slash:comments><comments>http://prairielaw.com/forums/thread/498236.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=498236</wfw:commentRss><description>&lt;p&gt;I booked a room at an established&amp;nbsp;hotel chain using some reward points.&amp;nbsp; Somehow, the room got booked and I received a confirmation email but the rewards points were not deducted.&amp;nbsp; I arrived at the hotel and checked in.&amp;nbsp; The receptionist stated the stay was on my rewards points and took my cc imprint for incidentals.&amp;nbsp; I checked out the next day without getting a bill because the receptionist stated my stay was on my rewards points.&amp;nbsp; 3 days later I was checking my cc activity from the trip and noticed a $17.33 charge from the hotel.&amp;nbsp; I called them up and the receptionist stated that my stay was on my rewards points and she would remove the charge.&amp;nbsp; 2 hours later I got a call from the manager of the hotel stating that my rewards points were not used and that he would have to charge me $169 for the room.&amp;nbsp; 4 days after my stay the hotel charged my cc $177.87.&amp;nbsp; Naturally, I disputed it.&lt;/p&gt;
&lt;p&gt;Can they legally charge an amount to my CC that I did not authorize?&lt;/p&gt;
&lt;p&gt;If they make me take it that far, can I sue them in small claims court?&lt;/p&gt;
&lt;p&gt;Can I file in my home city&amp;nbsp;or would I have to go to theirs?&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Medical reports access by a spouse in NJ?</title><link>http://prairielaw.com/forums/thread/498824.aspx</link><pubDate>Sun, 15 Aug 2010 03:59:40 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:498824</guid><dc:creator>ChrisDS</dc:creator><slash:comments>0</slash:comments><comments>http://prairielaw.com/forums/thread/498824.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=37&amp;PostID=498824</wfw:commentRss><description>&lt;p&gt;In New Jersey, does a person have the right to recieve the medical records of their spouse while the spouse is being cared for, say, in a rehab center or hospital?&amp;nbsp; If not, what type of consent must be given?&amp;nbsp; I know of&amp;nbsp;the Power of Attorney for Healthcare, but in this case it&amp;#39;s not about making decisions for the spouse who is incapacitated, it&amp;#39;s about sharing the information needed to help care for them.&lt;/p&gt;
&lt;p&gt;Thanks.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item></channel></rss>