insurance refund check made payable to me and my ex husband we were to receive a $924. insurance refund due to overpayment on a house we sold. my ex husband had the check sent to his new address without telling me , signed his name and forged my name and cashed the check, when i found out about it and asked him he admitted he forged the check and said there is nothing i can do about it. i called the insurance co they said its not up to them to police if its forged or not. do i call the police? Should i call the bank that cashed the check? is small claims court really worth the trouble to get half of $924?
You should call the police. If you talk to any bank they will say "well we had your signature on the cheque". They aren't in a position to perform criminal investigations. You might first consider telling your husband that you are calling the police. After all, the downsides for him of having a criminal record, and whatever criminal punishment there is, will far outweigh $462. However there is no guarantee that the police can prove anything. It may end up being your word against his. If you can do it legally you might try recording him admitting that he forged the cheque.
I took my car to the mechanic to have a squeaky brake looked at. I was told it would cost $30. The mechanic fixed whatever the problem was. When I was checking out, they could not find a $30 brake-work item in their computer so they billed it as Tire Balancing $30. Or some such thing. Meh, accounting. This is not how the law works. The prosecution needs to prove every element of the crime you are charged with. They need to prove you did not signal. The way this usually works is the cop takes the stand and testifies, and you can cross examine him. Then you can testify if you want to, and can be cross-examined. There might be other evidence against you also, like a dash cam. Assuming there is no other evidence, and that the officer did not prove every element of failing to signal, you do not need to testify. You can tell the judge that the prosecution failed to make the case and ask to have the charge dismissed. Of course, if the judge thinks they did make their case, then you lose. On the other hand, you could take the stand and testify, and subject yourself to cross examination. Just a word of warning, if it's your word against a cop's word, you will lose. Your best bet is to get discovery, get the dash cam, and show that you did signal. Be aware, if you get too saucy, the prosecution can add charges. So they could add the speeding charge, but of course, (see above), they then need to prove it.
Prove my work is not a trade secret violation Please don't. It's not your job to prove your innocence. The burden is on them to be specific, explain fully, and prove specific claims about your actions. In other words, don't justify, don't explain, and don't defend yourself to them. It's actually best you do not say anything to them, and just forward the letter to your legal counsel (Since you're selling software to be used in the medical field, I assume you already have some kind of legal counsel). For instance, even saying something as innocuous as "Managing patients, Exams, Bills etc are all public knowledge." could be used against you. Because it establishes the fact that you've been working on those features with them and that you've been working on those features with your new company (which doesn't necessarily follow, for all they know, you could have purchased a library module from someone else with those exact features). In other words, even if you were to reply with such an innocuous-sounding statement, you could be saving them months of cross-border discovery and litigation about some of their claims (even if you believed you were being entirely reasonable by defending yourself). But at the same time, don't take what I'm saying to mean that you should lie to them about which features you recently worked on. When I say that you shouldn't be talking to them. I mean that you should not be talking to them. You shouldn't be engaging with them and you shouldn't be giving them any shred of information whatsoever (implied or otherwise). It's not your job to make their job any easier. Do not reply to them. Don't even acknowledge the receipt of the letter (unless you already did by signing for it, which can't be helped). Use a legal intermediary. Give the letter to your own legal counsel (whether you signed for the letter, or not) and leave any reply to him or her (assuming he/she thinks this warning letter even warrants a response). And if this former employer gives you a phone call, kindly refer them to your legal counsel without saying another word.
Is this how it works? Am I supposed to pay the full quote regardless? No. The contractor is plain wrong. Your agreed commitment to obtain materials directly from the retailer supersedes the initial agreement that totaled 30K. In other words, you two amended the contract. Since then, your obligations under the amended contract were to provide the materials he requested and to pay for labor costs. the contractor is insisting on the full amount, claiming that had I not paid the material I wouldn't have known the difference in cost and he was taking the risk with the quote. That is inaccurate. Once he delegated to you the task of obtaining materials directly from retailer, he exempted himself from any and all risks of giving an inaccurate estimate of the cost of materials. In fact, he shifted to you that risk.
"Fraud" requires an intent to deceive. In cases like this I would fall back on the saying, "Never attribute to malice what can be explained by incompetence." Practically speaking: the email you received from them is an amendment to their Terms of Service. I.e., your contract with the company starts with their standard Terms of Service, and is modified by any agreement you reach that explicitly supersedes the ToS. Based on your description it is your credit card company that is in violation of its duty to adjudicate chargebacks. If you refuse the charge, and present the email agreement and evidence of A's "failure," then the card company has no grounds to impose the charge on you (unless the merchant in its response to the chargeback can convincingly argue that the email agreement is invalid).
Possibly The game company has almost certainly excluded liability under the contract you entered. There may be some consumer protection that you have that they cannot exclude - I don’t know enough about German law to meaningfully comment. Notwithstanding, if you were to initiate legal action against the, as yet, unknown wrongdoer, you could subpoena the relevant records from the game company with a court order. No matter what privacy or other protections the other person has, the game company must obey the order or be in contempt. Without such an order the game company is right that they can’t disclose details of other users. As a practical matter, it will cost several hundred € to initiate legal action and several thousand to pursue it to the end. And you might lose. A better response is to treat the lost €80 as a relatively cheap life lesson - many people lose a lot more learning to recognise scams.
She damaged you - your beef is with her. If she has insurance, the choice of is she wants to claim or not is up to her. She is not obliged to make a claim and probably not obliged to tell her insurer about it. Perhaps she has a $20,000 excess. Perhaps she is a person not covered by the policy (too young or otherwise excluded) Perhaps she is (legitimately) concerned that making claims will increase her premium. Now, her contract may have a clause requiring her to disclose all accidents either ongoing or on renewal. However, the doctrine of privity of contract means that whether she does or not is no one’s business but hers and her insurer.
When dealing with recalcitrant agencies, governments, businesses or otherwise who move very slowly or refuse to deal with genuine consumer issues - like refunds they have agreed to - one thing to do is carefully up the ante. You need to get them to take you seriously, and one way is to potentially get some third party help. Call the hospital billing department and say if they don't resolve this issue - which they admit exists - you're going to file a complaint with a consumer advocate, like Nevada Consumer Affairs .gov and/or get legal help from a non-profit or pro-bono legal aid firm, like Pro Bono Legal Services - State Bar of Nevada. I say carefully because you don't want to say I'm going to sue! or get angry and threaten anything. Just tell them you're looking at all your options. And that may resolve the matter right there; they don't want to deal with the extra work of a complaint from the state government or a letter from an attorney, and you may have your refund quickly. If it doesn't, look at filing a complaint with the online form at Nevada Consumer Affairs, or call a free or pro bono legal clinic and see about getting help. Sometimes a formal complaint or a letter from a lawyer will quickly resolve things.