Legal Question in Consumer Law in California
''consumer credit counselors'' fraud
Sister had been paying a ''consumer credit counselor'' firm to pay her bills. After several payments, bills kept coming; she contacted firm and was assured they'd make it right. When she received a summons from a creditor, she finally demanded a full refund, wrote her own letters to her creditors explaining what had happened, and began paying her creditors on her own. Late last month - about three months after her first demand - she finally received her refund, deposited it, and used the money to pay off more of her debts. Yesterday (6/1/01) she discovered that the firm's refund check bounced. So far eight of the fourteen checks she wrote on that deposit have bounced, and she's amassed $240 NSF fees to date. She plans to go to the firm's bank when she gets their check back and find out if their account had insufficient funds or if the account was closed. If it was NSF, she's going to demand a cashier's check, and if she doesn't get it she'll go to the DA. If the account was closed, she'll go directly to the DA. Is this the correct course of action? What other actions should she take? What about securing her own lawyer to recover her money plus damages? If she seeks a lawyer, what type of practice? Thanks.
1 Answer from Attorneys
Re: ''consumer credit counselors'' fraud
Any lawyer who does civil litigation can do this. If the amount is under $5000 she can go to small claims court.
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