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Dear Zachary D. Norris,
Back on 8/16/2012, I requested that you follow up with me today to see if my issue was resolved. If I give you a positive rating for this follow-up, JustAnswer will pay you since it's included with my membership.
The reason I wanted to deal with you exclusively was your great response to my original question.
In view of what you said, I contacted hundreds of attorneys (stayed clear of the large firms) no one will take my case - although there's potential for a lot of money - but they also feel there's WORK involved... On the other hand, I can't allow the entities that ruined my life to get away with it.... Can I present this case on my own? Can I find someone who'll help me with the complaint? What are the alternatives?
(I know the expression of those who act as their own lawyers...)
Zachary, your services are invaluable!
So, 2 years ago, I was robbed by a trusted handy- man of all my possessions - including all credit-debit cards. the man "went- to-town" and charged 30-35 transactions. Walmart was the only store that acused me of writing a "bad-check", the bank (Desert Schools Federal Credit Union) never advised me by certified mail that there was a problem in the account. and although he charged in several Walmart stores- only one filed a complaint. I am in the financial industry (looking for a job) this kind of accusation would mark me unemployable. I went to court, and the judge dismissed it (I used their own documentation to prove it wasn't true...) But the stigma remained. all the employment applications ask if I was ever ACCUSED" of a crime (the answer is not as important) I can never work again! Both are guilty of that... Not to mention maligning my name in the community...(My husband's family has been here for several generations), although I know that's not as important here. also, the reason the bank didn't respond to the credit charges is that they were raiding the proceeds from a "book account" (I'm the writer) to cover their loses...
I value your opinion; what do you think?
1) As far as we know no checks were used - only credit/debit cards
a. as soon as I discovered it. But he worked in my house for a
while- so the exact time in unknown.
b. He was caught... but no charges todate as yet... they're waiting
for merchants to come forward- according to the police; I am
sure what that means. (Not high on the priority list...)
c. I did. I sent them a letter saying the cards were lost/stolen. In
turn, they cut off all access to my accounts, and refused to give
me any updates. Todate I get email notifications that my
account is available for "viewing"... But I can't access it. Nor
am I able to get a checking account in any other bank - makes
d. My letter to the bank is dated 2/7/2011, the complaint to the
County Attorney was in March of 2011.
e. No. Not sure how to go about it... Do I still have to declare
the charge on applications?
2) a. I did some research before I went to court.... something about
Rule 3. --- (I knew that even bank can't get away with
everything all the time...
b. NO! everything stopped. As I said, I still get emails about
statements I can't access. The first time I saw the statements
was when the County Attorney gave them to me as part of
3) a. I sent them a letter advising the the cards were missing.
b. when I wrote the book, I opened a separate account where
people wired proceeds to and called it the "book Account".
the bank used that account to compensate and reinburse
themselves for the loses on the regular account. Again, I didn't
know this since I didn't have statements. (I think that's also
the reason the bank's representative gave a sworn statement,
in court, that I wrote a bad-check, they didn't expect it to go
that far... regardless, it's fraud.)
c. No! The accounts were completely separate - for tax purposes.
d. We are all in the state of Arizona.
By the way... curiously, Walmart created a receipt with the time, date and check #... I have a certified time sheet that I worked at that time...
and the bank statements don't show any checks written. As you can see a lot of people went to great lengths for so little...
Initially it was a Felony, than reduced to a Class 1 Misdemeanor, but everyone keeps telling me (including the judge) that these were
OK. they initially charged me with a felony - for issuing a bad check,
(I am looking at the summons now...)When the county attorney said I could get a fine and jail time I said that I wanted a lawyer, they responded that they reduced the charges to "Issuing a bad check, a class 1 misdemeanor" - and therefore I can't get a lawyer from the public defender. I just looked at all my documentation... they all state the same thing...
WOW! You know your stuff.
And I certainly appreciate the "dose" of reality; needless to say I made some mistakes, and I'd rather know everything up front than live with the expectation that any day now I'd find all the lawyers lined up in front of my house fighting for my case... thank you for that.
I will follow up with items you suggested.
One more question.... do I have any recourse vis-a-vis Walmart for filing a complaint about a fictional check?
Zachary, I don't know who the other lawyers are at 'justanswer" -
but you are a superb lawyer.Thanks for all your help
Zachary, if you keep this up I'll be practicing law in no time.... (although the law schools are in no danger of that happening...)
I'm finally benefiting from my Columbia education - I actually understand the rulings you posted here. I was practically hyperventilating as they so closely apply to what happened to me... since I'm unemployed, I have time to follow up. I'd like to proceed with this... can we "talk" again next time your "on call"? (do you know when that might be?)
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