Would I have a case?: I’m afraid I made a terrible decision out of impulse and excitement. I met a person who is supposedly a dealership and gave him money to purchase a vehicle for me at an auction. It’s been at least 3 weeks since, and the truck has not arrived. He’s been giving me the run around and was suppose to refund me my money this week. He’s gave me a check that bounced and at this point, I just want my money back and to know nothing else about this person. Would I be able to sue? I have the check given to me to “refund” me, the receipt given to me that shows how much I paid, and some messages where I can should that the truck never arrived.
Simon’s answer: Yes, you can sue, and you can also file a report with law enforcement. Lawsuits can be costly, so whether it would be worth it may depend on how much you're owed, and whether it seems likely that the defendant has an ability to repay. If the action fits within the limits of small claims in the pertinent jurisdiction, that might be a more affordable and efficient approach to litigation. Good luck!
Do I have any recourse with CubeSmart that is charging me for replacing panels of their gate?: I ran into a gate at CubeSmart. They are charging me for replacing gate panels but clearly they had them repaired instead. I have asked for a copy of the receipt where they were repaired and the district manager has now stopped communicating with me. They are saying I owe $2445 for the damages. I have paid $1180 so far. My boyfriend used to work for a gate company and feels they are charging me way more than the repair cost.
Simon’s answer: You can send a letter via certified mail explaining your dispute, keep a copy for your records. In the event they sue to collect the remaining balance, you would have the opportunity to assert your defenses and request substantiation as to how they calculated the claim amount. If the charges are unfounded or unreasonable, the court may find in your favor. Good luck!
Question: I am getting sued from a creditor, and I got back to the Lawyer and asked him to send me the paperwork that has my signature on it that I was the one that opened this account cause I’m not sure it was me. They provide me with every other kind of paperwork, except for the one with my signature on it that I was the one that opened their account. It’s a Home Depot credit card. So my question is, don’t they have to provide that document to me that shows my signature on the account when it was opened?
Simon’s answer: Not necessarily. Many credit card agreements go into effect when the card is used. A signed agreement isn't absolutely necessary. Either way, you have to comply with the litigation process. Good luck!