Help! I need your legal advice (from those in the legal profession)!?

Question

Hi,

In August, someone came to the door, asking if I would buy a magazine subscription that could be donated to be a charitable organization. Because it was for charity, I agreed and wrote out a check. (I know, VERY poor judgment.) However, upon reflection, I decided to look up the organization (Midwest Circulation LLC) and found that they've received an F rating with the BBB. Concerned, I had the check canceled the next day, but did not inform Midwest that I was canceling. Because no product had been delivered and no payment had been made, I didn't think I needed to. Today, I received a letter from them stating that they had tried to cash in my check but had it returned to them for insufficient funds. They're requesting payment, with an additional amount for service fees. I'm not sure how to proceed. I'm apt to ignore the letter, mostly because I distrust the form of the letter (it's typed on a typewriter, used the singular pronoun of "me" although no name has been provided to me, and my name has been handwritten into the salutation, as if it were a form letter). I am, however, concerned that Midwest could pursue legal action or ruin my credit. Any advice? Should I call them at the number they've provided (please note that they still say that I would owe them $25 for the service fee) and inform of the cancellation? Should I write them back at the address they've provided? Or can I just ignore it? I don't want this explode into something costly and want to nip this in the bud now, while I can. Help!

Many thanks in advance!

Artemis Agrotera · Accepted Answer

You cannot write a check and then cancel it for no good reason.  (I'm sorry, but buyer's remorse is not a valid reason.  And yes, you did have an obligation to inform the company that you had changed your mind and had put a stop payment on the check.  Your stop payment forced the compny to incur fees - and those fees are your responsibility.)

If I were you, I would send them the $25 service fee and I would write on the back (directly above where the endorsement will go): "Payment in full, subscription cancelled."

cookee_nz · Answer

They set the scene by stating "it was for charity".  Where's the proof of that?  Did you subscribe to the magazine for yourself, or was the magazine to go to a charity - that point is a bit vague.  And what is the actual magazine, does it even exist?  Personally, I'd hold out and see if they escalate it.  Write them and explain that after they had called, you did your own checking on them, and that had they represented themselves accurately at the time, you would never have given them the cheque in the first place.  They omitted telling you about their poor credit or business reputation, a fact that would have been fundemantal to your decision.  You simply 'omitted' in return to tell them you cancelled the cheque.  Call their bluff.  Scumbags - and learn a valuable lesson from this.  :-)  You haven't sent any money to Nigeria lately have you?

? · Answer

Why dont you simply let us know what you wish to do. I paintings in Australia as an Industrial Relations Advisor. I interpret and present recommendation on employment regulation, staff compensations regulation, occupational protection regulation, coaching and appreniceships and I have particularly an involvement in industry legislation around the board adding the forming of partnerships and incorporation. People who touch the company I paintings for have an understanding of the offerings we present and at no degree are we pretending to be attorneys. I am specific that many advisory corporations function in a similar fashion within the US.

? · Answer

This is a good letter to mail to your states attorney general in fact mail it to all 50 of them. and don't forget to ask for an investigation , use word like defrauded , misrepresented scammed , those all get good attn , do this and i bet they wont need the fee.

Help! I need your legal advice (from those in the legal profession)!?

4 Answers