A.F. asks from Puyallup, WA on December 05, 2006
Any Ideas About Resolving a Legal Issue Involving Fraud???
Going out on a limb here...hoping someone may have SOME idea for me! My husband and I own a franchise. A benefit of the frachise is the parent credit dept. who buys expensive contracts from us, and essentially inherits all risk in case the customer doesn't pay. WELL, apparently not ALL risk as we are learning. It turns out that if the conract is ever disputed, they turn around and charge US for the full amount of the contract! We have just learned that we are to IMMEDIATELY PAY $6000! Apparently we sold a contract 9 months ago -- a husband wanted some tools, and since he had bad credit, he asked to put his wife down on the credit app. We called the wife, she agreed and gave us all of her info (SSN, birthdate, etc.). Her credit was called in, was approved, and the tools were sold. The husband was supposed to bring the contract home for her to sign, and mail in the hard copy. Now, 9 months later, they are getting a divorce, and she is disputing the whole thing, saying the she never OK'ed the credit and that her husband must have signed her name. So our parent company is saying the contract was forged and therefore is void. Now the husband or wife have possession of all the tools, and we are stuck with a $6000 bill. If we don't pay the bill, they will shut down our franchise, which is our only source of income. Do we have any rights? Any ideas would be helpful......
More Answers
K. answers from Anchorage on December 06, 2006
I would consult with an attorney. Quite honestly, it seems to me like the franchise office doesn't have the right/or ability to determine fraud. That seems something more befitting of a judge, in a court room.
I can't begin to tell you how many "to be" ex spouses claim the same thing when they are left with debt in their name only. If she can claim it's fraud, she can go after her exhusband, but not the creditor. That is why I don't understand how your franchise office has that right, which I don't think they do.
K.Z. answers from Portland on December 06, 2006
I wonder if you could sign up with the PrePaid Legal service, I'm not sure if they can help though since this is a prior issue, something that happened before you were covered. Might be worth a call to see. They've helped me several times, you get unlimited phone calls and they will write letters for you. If you have to go to court, you get 25% off lawyers fees. The coverage costs $17/month for Personal (and if you own your own business you might be able to get questions answered, that's what I do) and I'm not sure about the Business coverage, it's more like $65/month. May seem high but totally worth it when you need help with something like this! I could give you the number of my friend Linda who is a PPL rep if you want. Maybe she can tell you if they could help with this preexisting problem. Email me and let me know if you'd like her #.
V.H. answers from Las Vegas on December 06, 2006
can't you have the tools reposesed? Your parent company should help you do that I would think.
J.A. answers from Las Vegas on December 06, 2006
I know some lawyers are pricey but I would seek legal advice hon. Try gather all paperwork involving the pair and also all paperwork from your company and your parent company. This just prepares you if the attorney wants you to bring in all contracts/transactions/notes for the first consultation. Make sure you keep all emails and all written notes pertaining to this complaint. Along with your summary of complaint make a timeline of events too , it may help you and the lawyer decide what you can and cannot do. Good Luck!
N.W. answers from Fresno on December 08, 2006
A., I too am Self- employed stay at home mom and I have a pre-paid legal service available among other financial services if you are interested. It is $25/month for hundreds of attorneys on retainer. I can give you more information on what they can do for you are interested but as soon as someone signs up they can call with their question and get help/advise.
Nikki Wilkinson
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