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My 20 year old son went to New Orleans with some guys and got…

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My 20 year old son...
My 20 year old son went to New Orleans with some guys and got drunk. He got away from his group somehow and about 3:00 am wandered into a topless bar. Between that time and 7:30 am they used his check card to relieve him of about $2600. He only drank one drink there. The rest were on private rooms with champagne and lap dances. Whoever rolled him knew what they were doing b/c they tried to take even more $ than he had in the bank before he left but charged him a lesser amount when they found out he'd be overdrawn. They emptied his account.
My son says he doesn't remember a thing and the last thing he remembers was ordering a drink at a bar down the street.
Any action against the topless joint? You're supposed to be 21 if you go into a topless bar in New Orleans unless they don't serve drinks (at which point you can be 18)
Submitted: 6 years ago.Category: Criminal Law
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Answered in 13 minutes by:
3/6/2012
Criminal Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7,640
Experience: Relax. Let's work together. Practical solutions.
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QUESTION: "Does the EPA ruling 1054.120 exempt or cover propane / natural gas small engines ?"

 

ANSWER: 40 CFR 1054.120, in its final rule form, is employed under a graduated system. For this year (2012), an exemption applies concerning small-volume fuel tanks that are rotation-molded and used in equipment with Class II engines. You are very astute in your mention of small-volume, which is a key factor here. The legal definition is based on an upper limit of 10000 unit production of "identical tanks" (up from 5,000 in 2011).

 

QUESTION: "Any action against the topless joint?"

 

ANSWER: Yes. There are three courses of action: (1) criminal; (2) civil; and (3) administrative (regulatory). First, I am assuming your son has already filed a police report, but if that is not the case then obviously he should do so without delay: New Orleans Police Department. Secondly, file a small claims suit against the establishment seeking monetary damages: New Orleans Small Claims Court. Thirdly, file a formal complaint against its management in terms of professional discipline against their license: Louisiana Office of Alcohol and Tobacco Control.

 

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Customer reply replied 6 years ago
What theory would you use to sue for the money? Their testimony will be that they thought he was sober and, supposedly, he had to sign for each $745 room (there were three of them between 3 and 7am)...Our theory is that he fell asleep and we're waiting to see if he actually signed for anything but I don't want everything to depend on him falling asleep.
Customer reply replied 6 years ago
Let me know if you did not get my earlier response: I simply asked what theory we could recover $ if they can prove he actually signed for these expenses....They will say he did not appear that drunk and had only one drink at their bar and they made him sign for each thing they charged.....He remembers nothing and the fact that they would charge him for multiple things until his account was drained lead me to believe otherwise.
Criminal Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!

 

QUESTION: "I simply asked what theory we could recover $ if they can prove he actually signed for these expenses...."

 

ANSWER: My apologies for not being more clear. If I were handling your son's case, I would work with theories including, inter alia: duress, illegality, intentional tort and Respondeat Superior. This is not necessarily an exhaustive list, as that determination could only be made by the lawyer litigating the cause of action.

 

Take care and thanks again for choosing JustAnswer®!

 

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Customer reply replied 6 years ago
What theory do I use to sue the strip club assuming the bank does not enforce our fraud claims. They will testify that he did not appear drunk and signed for each "service".....However, the way they kept taking out money until his account ran out (and even lowered his last charge when they found out it would overdraw his account)....My son cannot remember anything.
Criminal Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

Will you please allow credit for the answers I have provided without payment? I receive no salary or wages for my time and services offered in this forum. Again, I do sincerely XXXXX XXXXX in advance.

 

QUESTION: "What theory do I use to sue the strip club assuming the bank does not enforce our fraud claims."

 

ANSWER: In all honestly, selecting a theory of the case at this initial juncture is a bit analogous to asking a surgeon for his approach to removing a tumor without having examined the patient. In other words, only the lawyer who has the benefit of a full review of the facts and the law can reasonably and safely make that determination. Speaking generally based on what you have described, my best guess (and it is just that) would be duress, illegality, intentional tort and Respondeat Superior.

 

Take care and thanks again for choosing JustAnswer®!

 

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