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Mark M. Bello

Mark Bello’s Answers

69 total


  • Possible credit card fraud, theft by boyfriend under KS banking and criminal laws

    When I deployed, I left my credit card and personal possessions with my boyfriend of six months. I had verbally given him permission to use my credit card to buy me items to send to me while I was deployed. Nothing was in writing. He also agree...

    Mark’s Answer

    Between you and the credit card company, the company would be the greater 'victim' here, since you voluntarily left the card with your boyfriend. The 'major retailer' should have checked I.D., and you may have an argument that they were negligent in letting him charge on your card without authorization. Contact a KS lawyer who specializes in consumer fraud cases (you might find one on this Avvo site or you can call the Kansas Bar Association. Good luck.

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  • Is a victim of unauthorized credit card purchases liable to pay the bill

    My soon to be ex-son -in-law used my credit card without my knowledge to purchase parts for his car repair business. Am I responsible for payment of these bills?

    Mark’s Answer

    Most credit card companies excuse charges made by a thief with a stolen credit card. Since the "thief" in this case is your son-in-law, prepare for the company to argue that the card was not "stolen" and you knew your son-in-law better than they did, thus between the two of you, the company is the more innocent victim. However, if the store did not check I.D. and the receipt was forged, there may be liablilty to the store and certainly to your son-in-law for fraud and/or theft. Your question does not present enough facts to give you a more detailed response; call a lawyer in your area or try to locate one at the Avvo site. Good luck.

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  • If someone paid for some house repairs on their credit cards am I responsible for paying those bills

    I had a roommate that paid some home improvement expenses but in return I paid all the house bills so she was rent free for a year, now she is taking me to court for 14,000 but none of the expenses are in my name and I can prove I paid all the hou...

    Mark’s Answer

    You have a contract with your roommate; your question doesn't indicate whether it was in writing. If you can prove the terms of the contract are as you say they are, you won't have to pay the bills, if you can't, you might be held liable. Proving that you paid all of the house bills does not necessarily prove that the improvements were your roommates responsibility. The court might interpret your agreement as one involving real estate, which must be in writing in every state that I can think of. You may have a tough go here. Stick with the "none of the expenses are in my name argument", but contact an Ohio attorney who specializes in real estate leases and agreements. Obviously, you have a lot at stake. Good luck.

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  • Personal injury to my daughter. Advice?

    My daughter and I were in a farm and fleet store in South Dakota. They had some rabbits for sale in cages and my 20 month old daughter was petting them by putting her finger through the cage. One of them bit her and sliced her finger open. The cag...

    Mark’s Answer

    There is a potential premises liability case, but be prepared for an argument that you were also negligent for not properly watching your daughter. If they have had rabbits biting children in the past, it becomes a better case, but there is still a question of how serious the injury was. Your question does not go into the seriousness of the injury; did the child need stitches, tetanus shot, rabies shot? You should retain an attorney in your area and discuss damages; whether it is "worth taking to court" depends on how serious the injury is and how serious the local lawyer takes the case. If you need a referral in your area, please see the referral service section at www.lawsuitfinancial.com. My company will provide a referral in all 50 states. Or, you can peruse the Avvo site and I am sure that it will provide you with the profile of a competant South Dakota attorney. Good luck.

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  • Is there a certain time frame that a medical malpractice suit must be settled by?

    There is a diagnosis and fail to treat mailpractice suit pending

    Mark’s Answer

    NY has interesting trial docket management laws that often permit cases to remain on a court docket for years without a trial.. As long as your case has been filed in court, there are no requirements that I know of that the case be 'settled' by a certain time.

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  • I was in a car crash and did not have car insurance and the other driver was at fault who pays for the damage of my car?

    we were on a one way street which has two lanes, i was in the left and he was in the right. he turned into me to turn down the road and hit me. when the cop came i gave him my license and insurance papers, he came back and told me the other drive...

    Mark’s Answer

    In Michigan, you are responsible for your own auto damage regardless of fault. The fact that you had no insurance does not change that. Michigan is a no-fault state for collision property damage, and you must have insurance to collect, even if you are 100% in the right.

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  • Auto accident liability under TN state law

    I work at an apt. complex under a well known management co. I live at one of there apt. complex. Although that is not the issue, it is just a little background information. I was driving my sisters unensured vehicle and I had an accident causing d...

    Mark’s Answer

    In order to 'make' you pay, they have to sue you and win. Until they sue you and win, you can try to negotiate any terms of settlement you want. So, if you are uncomfortable with the terms of their offer, don't accept them and continue to negotiate until you are satisfied. If they sue you, they still have to win to get the terms they want, but a lawyer and a judgment might cost you more than the amount to fix the damage.

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  • Is there a MANDATORY jail sentance for a truck driver who is involved in a fatality accident?

    a driver of a 'big rig' making a turn, and driver of a car going 80+ did not react soon enough crashed into the trailer, going almost all the way through. No citations given at the scene, nor did the officers take anyone into custidy at the time.

    Mark’s Answer

    The answer is "no". First, here must be a determination that a crime was committed and charges filed for any 'jail sentence' to ensue. Then, a trial must occur, and, after the trial, the driver must be convicted of negligent homicide or vehicular homicide or a similar offense. Only then can there be a jail sentence, and the judge would sentence the driver under state sentencing guidelines, which may be what your question refers to.

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  • Accidently wrote a rent check on a closed account, am I liable for landlord's overdraft fees and late rent fee

    I unknowingly wrote my landlord a check on a closed account. My husband had closed the account without telling me. My landlord is now telling me that I am responsible for ALL his overdraft fees as well as $25 a day late rent fee. The contract stat...

    Mark’s Answer

    You are responsible only for the damages that the lease says your are responsible for. There may be a statute in MT (I don't practice there and don't know the law there) that requires a bad check writer to do more. Consult with an attorney in MT to see if you might be responsible for more under some bad check statute in MT. Good luck

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  • Can a uninsured tenant be sued by landlord's insurance Co. for reimbursement of damages due to fire caused by tenant.

    accidental fire started by tenant landlord's Ins Co. is suing tenant for damage reimbursement.

    Mark’s Answer

    Under the laws of subrogation, yes, the landlord's insurance company can usually pursue the responsible party for reimbursement of losses it had to pay caused by the responsible party's negligence. The lease may permit or restrict this, though, and I suggest that you have the lease looked at by an attorney in your area. The tenant's lack of insurance may have breached the lease, as well.

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