Legal Question in Consumer Law in Massachusetts
My father has played the lottery every night since I can remember. He picks specific numbers each time, usually always different. Last night was no exception. He went to the neighborhood store, played his numbers, bought milk and came home. After watching the lottery on television he realized he won. But he can't find the tickets. He can't remember if the store clerk handed them to him or not, so he went to the store and she claims she did. But after searching the entire house and car he's sure he never got them. So he went back to the store this morning to ask the owner to replay the security tapes and the man refused. What, if anything, can we do?
4 Answers from Attorneys
I would contact the lottery immediately and explain the situation. Maybe the Lottery can make the owner save the tape. Also, the lottery would be in position not to pay out to him if he claims he won.
You should hire a good lawyer immediately to assist in the location and re-acquisition of these tickets, and the planning of the receipt of these funds before you ever take possesion of the money.
Proper planning can greatly reduce you stress and problems often inherent in
lottary wins. This Office often offers free initial consultations.
Congratulations!
A call from a lawyer on your father's behalf might convince the store owner to review and show him the tape.
If not, and the lottery commission cannot help, one possibility could be to file a lawsuit and subpoena production of the tape in the context of that case. However, there would need to be a good faith basis for filing the suit, which may or may not exist here; More information is necessary to tell. A lawsuit should be a last resort, however. I recommend pursuing various efforts to resolve this voluntarily, efforts a lawyer can help you with.
Feel free to contact me directly for help with this.
Retain an attorney to contact the store owner and the Lottery Commission. Congratulations and Good Luck!
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