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© 2007-2008 by David E. Hoy, Esq. & Colleen Sahlas, Esq,
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Consumer
Protection: Question: I bought a car about a year ago. I recently found out that I payed way too much for the car and the term used for this type of practice is called (gauging) and that it is very illegal. I want to know if it is too late to do something about it if in fact that what I've learned is true. Answer: Contact
your state attorney
general's office, consumer protection division. While "buyer
be ware" is the basic law, there are some additional protections
afforded if you act quickly after a refinance, purchase a used car,
etc. Magazine Subscriptions Question: I agreed to some magazine subscriptions over the phone - I was contacted at work and did not pay full attention to the offer. However I said yes and later found out that the offer is for a 5 year subscription. I was willing to try these magazines for a year or so but not 5. I have contacted them twice to request a cancellation (I'm willing to pay for the ones I've received) and I've been told there is no way of getting out of my contract. Is this true or can I legally find a way to cancel this contract? Answer: Did you ever sign anything? Did you give a credit card authorization? You should contact the Illinois Attorney General's office, consumer protection division in your area. Otherwise retain a lawyer to represent you. I'd suggest you contact the Christian Legal Society: (email: clshq@clsnet.org 1-703-642-1070) for a referral. David E. Hoy, Esq. Verbal Representations: Question: We bought a camper and our truck won't pull it after the dealer said we would have no problem pulling it. He won't take it back and won't refund us and is selling it as a used camper even though it is brand new. Do we have any rights? Answer: Verbal representations are virtually unenforceable because they cannot be proved and are usually specifically excluded by the fine print in a contract form. You could contact the Attorney General's consumer protection office in your area or contact an attorney in your area. I'd suggest you contact the Christian Legal Society: (email: clshq@clsnet.org 1-703-642-1070) for a referral to a member attorney in your area. David E. Hoy, Esq. Unscrupulous Limo Driver: Question: I was wondering, I am having quite a dilema. Last night I had a senior prom. We rented a limo for six hours from a place called Artiste. The limo driver refused to drive us around after we paid him a hefty sum with tip which had to be paid before hand. Apparently he thinks that "he is a limo not a taxi" and this means he picks us up, drives us to one place and than takes us home. He refused to drive us around, and We had to fight with him to drop us off at two different houses. He spoke to the females in the car with such a tone that I could not find acceptable, and utterly humiliated them. As he dropped us off in Times square, he got into the back of the limo, and when we returned one of the girls, undergarmets were re arranged in her bag. I don't understand how this man feels he can get away with this, and I am looking for some help on some legal action. I will be anxiously awaiting your reply and thank you for all your time and help. I am hoping you can help us get back what was taken from us, pride, dignity, and our money we work so hard for. Answer: It is infuriating how young people are taken advantage of by unscrupulous vendors of goods and services on Prom night. You should do any of a number of things: 1. File a complaint with the owners of the limo company detailing the facts; 2. Call the police if indeed anything was missing from your personal belongings and sign a complaint. 3. Call your Attorney General, State's Attorney or the appropriate prosecutor in your state who handles civil and quasi-criminal complaints on behalf of the public (no attorney fees); 4. Contact a lawyer in your area for consultation and possible representation: I'd suggest you contact the Christian Legal Society: (clshq@clsnet.org 1-703-642-1070) for a referral. Regards, David E. Hoy Child Custody and Adoption: Question: I have a 3 year old daughter. Her father and I weren't married. He has never really had much to do withe her. Three days ago he got out of drug rehab and wants to see her. He scares me because of the drugs. I don't want him in our life. Can my husband adopt her? Or is there any way to take his rights away? I have moved away, and he doesn't know how to find me, can I get in trouble for that? We never went to court or established child support. Please help me. Answer: Your questions are of a specific legal nature and you need to consult an attorney directly for legal counsel. Child custody and adoption are controlled by state law. I'd suggest you contact the Christian Legal Society: (email: clshq@clsnet.org 1-703-642-1070) for a referral to a member attorney in your area. David E. Hoy, Esq. Criminal/civil battery? Question: My 11 year old son was at the local WalMart store with some friends, shopping, and the cashier accused him of stealing something. He denied the allegation, at which time she grabbed him, told him she didn't believe him, and proceeded to pull up his shirt, and pull down his pants. Answer:
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Real
Estate: Protecting Your Best Interests BUYER
BEWARE! Copyright Laws: Question: I am starting a small home based business. We put customers photographs onto a VHS tape (kind of like a slideshow) and we would like to be able to add msuic to the video. We have contacted numerous record companies and the fees to use their music are exteremly over our budget. My question is; if the customer provides a CD that they have purchased themselves to be used on their own personal video (and we do not charge extra for the service of adding the music) is it legal? If a person can use a CD they have purchased for their own private use, couldn't we just be considered a service that adds the music to the video that they have purchased from us? We are desperate for an answer, we've already lost $50 to a lawyer who couldn't answer our question. Thank you! Answer: Generally, any reproduction of a copyrighted work without permission of the copyright owner is an infringement of the copyright. The laws of patent, trademark and copyright are highly specialized and I'd suggest you contact the Christian Legal Society at 703.642.1070 for a referral to a member attorney in your area. David E. Hoy, Esq. Dead-Beat Dads: My dilemma is that my state wrote me 3 years ago, notifing me that every 5 years the court allows me to raise the support. As of 1997 they granted me the new amount per child. My ex has never complied to the new order. I spend 3 times that each month for each child. He has beaten the legal system by not providing his W-2's to show what he is making, since he is self employed. He now owes me a little over $12,000.00. Any money he receives from the IRS is to come to me, but he has applied that money to the following years. I have given them the necessities, food, clothing,education, medical, etc, and I even pay for 1/2 their travel to his home. My ex-husband feels that I do not need anymore money, while I am spending hundreds of dollars towards my attorney and I am now broke. This is now the 6th attempt to come to a closer to an end with this case. I call the State and they continue to tell me that there is nothing that they can do. I am speachless. I continue to pray to God to give me the strength to get past this while I am being beaten down ethically and financially. I just need some help legally and spiritually. Do you have any idea's? Thanks for your time. Answer: Dear Friend: I do not practice in post-decree work in your state. And, as you know, divorce is controlled by state law. There is also a uniform enforcement of child support pact between most states and there are a growing number of advocacy groups who assist in going after deadbeat dads. Ask your attorney or even the U.S. Attorney General or State's Attorney in your own state about that. It's always trickier when a deadbeat dad is self-employed. Perhaps a private investigator or the IRS itself could be helpful. I'd also suggest you contact the Christian Legal Society: (email: clshq@clsnet.org 1-703-642-1070) for a referral to a member attorney in your area. Get prayer support from your church as well. I hope this is of some assistance. God Bless, David E. Hoy, J.D. Employment Rights? Question: What do you know about workman's rights? I have been layed off from work and the 2 in our department who have been are the only singles. Am I being discriminated against? Also by a lay off the owner is getting around severence, vacation, insurance etc. Is this something legal or is he sorta on the fence/pushing is luck? I'm more curious than anything but I need to know what are my rights in something like this. Answer: In most states, "employment at will" is the general rule. That means that a person can be fired at any time for no reason at all, unless they have a contract to the contrary. Layoffs are a part of life in many workforces and unless the company fails to follow their own written procedure, they are under no obligation to rehire you. Why not be looking for another job in the meantime? Hope this is helpful. Best Regards, David E. Hoy, Esq. Harrassed by Ex: Question: I have been in a relationship with a man who has a child from a previous marriage. This "ex" wife is constantly harrassing me and him. She calls every other day and has just begun to harrass me by e-mail. What is the actual legal definition of "harrassment" and what can I do to get her to stop? Answer: Report this to the police, file a complaint and insist they make a report. David E. Hoy, Esq. Resale of Software: Question:
I purchased some computer training software. I didn't look at the
software agreement at all. After using the training course, I tried
to sell the software. The manufacturer got wind of the proposed
sale and said I was violating their software agreement. I've never
heard of a manufacturer forbidding the secondhand sale of their
product. I wasn't going to sell pirated software or keep a copy
for myself . . . the software only works with the original cd's.
Is this legal? Thank you in advance. Current Report From Counsel Wills & Trusts Seminars |
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updated 4-Mar-2008