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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16630
Experience:  Experienced Licensed Attorney
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On September 21, 2011 I my privileges as a member of

Customer Question

On September 21, 2011 I my privileges as a member of American Legion Post 129 in Toms River N.J. were suspender for a period of 45 days for violation of the Code of Conduct because I was asking questions about Finances of the Post. I was advised on September 21, 2011 that a Investigating Committee would notify me of a hearing date where I could present my case. I WAS NEVER CONTACTED BY ANY MEMBER OF THE COMMITTEE TO ATTEND ANY MEETING. On January 3, 2012 not having received any notice of a hearing I attempted to attend the Post general meeting and was advised by the Post Commander that I was still not allowed in the Post and still suspended.
On January 4,2012 I I contacted the Post Judge Advocate and was advised that although the committee was formed it never met nor was a hearing conducted.
After attempting numerous times to return to the post I made contact with an Attorney Mr. Michael A Tier,Esq. who did take my case and thru his investigation did prove that my Rights had been violated and thru contact with the Mr. John D Baker the Department Adjutant for the American Legion Dept. of the New Jersey on April 21, 2014 Mr Baker did rule that Post 129 ( Rich Gato the post commander) failed to supply any evidence to support their claim. Since I took legal action at the cost of approx $ 3000.00 I feel that a Small Claim suit if justified to regain my funds.
Thank You,
Frank Stack
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation

What is your question for me about this situation?

Customer: replied 1 year ago.
Can I file a small claims suit to regain my 3000.00 since I was never charged nor did I receive any notice about a hearing and the Post Commander ( Rich Gato ) did violate my rights
Expert:  Alex J. Esq. replied 1 year ago.

Dear *****,

Thank you for your follow up.

Unfortunately, generally, legal fees related to a dispute with a private organization would not be recoverable, unless there is an agreement between a member and the organization which states that in case of a dispute, the losing party would pay winning party's legal fees / costs.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.