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Postdated Checks - Consumer Concerns and Other Issues

3/25/2013

 
When it comes to post dated checks, don't give one. It is not illegal to do so, but it is unwise. Banks hate them. Problems occur when the check is deposited too early. Either it bounces because your account is empty, or it causes of their checks to bounce because you weren't expecting it to be deposited. You are stuck with charges either way.

Technically, the bank is supposed to look at the date and refused to cash it until the due date. As a practical matter, the bank sell the notices the date and frequently accepts the check. Legal league, the bank is responsible if it cashes the check too soon or bounces it too soon.

The bank should drop any bank hot check charges. The bank should also give you a G show anyone else who has charged you, saying that it was a banking error. If the bank paid the post dated check, the bank should restore the money to your account.

Retail Store Returns - A True Story

3/18/2013

 
True story:  Joe has some really terrific stereo equipment, but he would like to upgrade. A local stereo store advertises the very component he wants it a special sales price. It will take all of his spare cash, but it's worth it. Joe goes to the store, talk to the sales man, and examines the advertised component. Joe gets into a technical discussion with the salesman. Details the salesman what results he expects, using the new component. The salesman says that Joe will be disappointed with that particular component because it won't do what you want. What you really needs is a different component it costs more it is not on sale (naturally).

Joe is very disappointed. He really wanted to upgrade his equipment. He already told all of his friends how he was going to sound. Now you'll have to confess he was wrong about the advertised component. The salesman offers Joe a really good deal on the more expensive component. Joe hesitates....

It still costs more than the advertised component, but it is a good deal, in his stereo will sound great. In short, talks himself into it. As he is carrying a box component to his car, he has second thoughts. What will he eat for the next month? He spent all this food money plus all the spare cash on this component. Commonsense reassert itself, and Joe realizes that he has made a mistake. He turns around and returned to the store with the unopened box in his arms. It has been almost 1 minute since he paid for the component.

Joe asked for his money back, explaining his problem. To this order, and yes your points to sign on the cash register that says "no refunds". It also says that on his receipt. They will exchange the merchandise for something else, but he can't have his money back. Unfortunately, Joe will have to get his nourishment from great sounding music for the next month. The store does not have to get a refund, since the merchandise was not defective. More true legal stories>>

Collection Agencies vs. Credit-Reporting Agencies

3/14/2013

 
Do not confuse a collection agency with a credit-reporting agency. A collection agency is a private company which may be hired by a credit toward to collect money from you. Sometimes a single company may be both a collection agency and a credit reporting agency.

Collection agencies will contact you by phone and by mail, repeatedly if necessary, to try and get you to pay what you owe. There are laws regulating what kind of contract is allowed. Once the debt is at the collection agency, you must deal with the agency. It is usually too late to make a deal with the merchant. Most collection agencies want the full amount now.

If they agreed to installments, it will almost always be three or four large ones. Sometimes they may be willing to settle for less than the full amount if you can pay the entire settlement at once. Be sure to get such an agreement in writing and let a lawyer look over it.

Do not let a collector keep you on the phone wasting both your time in his or hers. If you can't pay, say so impolitely hang up. For further information on what collectors can do and can't do consult with a lawyer.

Special notice: If you have any doubts about the actions of a creditor, contact the Texas Attorney General's Office for Consumer Affairs.

Returning from Mexico | Consumer Law

3/9/2013

 
To return to the United States you must pass through U.S. Customs. If you are a U.S. citizen, you are not required to have a passport, but you should carry with you some form of photo identification. Special note: If you are a permanent-resident alien be prepared to show your permanent-resident visa.

If you are a nonresident you must present a valid passport with a valid visa. If you are on a student visa, you must show a valid I-20 form showing enrollment in your college or university.  Failure to do so may cause reentry into the United States to be denied. Duty free items you may bring back include on hundred cigars and two hundred cigarettes, if not made in Cuba. You may bring back $400 worth of goods not on the prohibited list.

Utilities Advice - Interruption of Services Explained

3/3/2013

 
When it comes to real estate, utilities can be interrupted in two ways, and the solution to the problem is different in each case.

1.  When you pay utilities: The landlord cannot interrupt the utilities except for repairs, construction or an emergency. If the landlord violates this, you may terminate the lease and recover from the landlord actual damages, one month's rent or $500, whichever is greater, and reasonable attorney's fees and court costs, less and delinquent rents. 

2.  When the landlord pays utilities: If you get a notice from the utilities company that the utility will be cut off for nonpayment by the landlord, you can:

a) Pay the utility company and deduct from your rent the amount paid. Be sure to provide a receipt for this to the landlord.

b) Terminate the lease with written notice within 30 days of when you get notice from the utility of a future cutoff or actual cutoff; you may deduct your security deposit from the rent and recover a pro rata refund or any advance rent.

c) Sue in court for actual damages including moving costs, reconnection fees, storage fees, and lost wages, along with court costs and attorney's fees.

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