County: McDowell
Age: 66
Our client contracted to have various projects done on her home. The contractor failed to provide a new furnace as per the contract and to perform other tasks as promised. I reviewed the contract and explained that she is still within the statute of limitations to bring a cause of action against the contractor for breach of contract. If damages exceed $5,000, then she will need to file her claim in Circuit Court. However, if her damages are less than $5,000 she may file in the Magistrate Court without the assistance of a lawyer. Explained to the client how to bring a claim for damages under a breach of contract theory in Magistrate Court.
A weblog of news in law and aging in West Virginia, brought to you by West Virginia Senior Legal Aid.
Thursday, September 29, 2005
Friday, September 09, 2005
Case of the Week: 9/5/05
County: Preston
Age: 61
Client received a charge on her credit card statement for MBNA's Privacy Assistance Program. She never activated this program. I contacted MBNA and requested that she be disenrolled from the program and refunded what she paid toward it. MBNA reviewed her account, disenrolled her from the program, and happily refunded her money.
Age: 61
Client received a charge on her credit card statement for MBNA's Privacy Assistance Program. She never activated this program. I contacted MBNA and requested that she be disenrolled from the program and refunded what she paid toward it. MBNA reviewed her account, disenrolled her from the program, and happily refunded her money.
Friday, September 02, 2005
Case of the Week: 8/19/05
County: Mineral
Age: 83
Our client had to leave her residence to live in an apartment complex that could meet her health needs. She was assured by management that since her move was due to medical necessity, she would not face any penalties. She provided the apartment management with the appropriate notice, including a letter from her physician stating she requires 24 hour assistance. However, after moving, she received a letter from the apartment management that she owed back rent, a penalty fee for early termination, and charges for repairs. I contacted the managing company and provided them with the letter she got from her doctor. The managing company reviewed her case, recognized their error, and dropped the charges for the early termination and back rent. The client recognizes the need to pay for the repairs.
Age: 83
Our client had to leave her residence to live in an apartment complex that could meet her health needs. She was assured by management that since her move was due to medical necessity, she would not face any penalties. She provided the apartment management with the appropriate notice, including a letter from her physician stating she requires 24 hour assistance. However, after moving, she received a letter from the apartment management that she owed back rent, a penalty fee for early termination, and charges for repairs. I contacted the managing company and provided them with the letter she got from her doctor. The managing company reviewed her case, recognized their error, and dropped the charges for the early termination and back rent. The client recognizes the need to pay for the repairs.
Case of the Week: 8/12/05
County: Morgan
Age: 70
Client contacted us after the DMV gave him notice to turn in his license plate. I reviewed the summons he recieved and researched the law. I explained that all motorists must maintain insurance and carry proof of insurance in West Virginia. I further explained that in his situation, under the West Virginia State Code, he will get his registration reinstated once he gets insurance and can show proof of insurance.
Age: 70
Client contacted us after the DMV gave him notice to turn in his license plate. I reviewed the summons he recieved and researched the law. I explained that all motorists must maintain insurance and carry proof of insurance in West Virginia. I further explained that in his situation, under the West Virginia State Code, he will get his registration reinstated once he gets insurance and can show proof of insurance.
Case of the Week: 7/29/05
County: Kanawha
Age: 74
Client contacted us regarding an overpayment Social Secuirty claims she recieved under Supplemental Security Insurance for failure to report changes in her income. After reviewing a letter from Social Security noting the overpayment and her financial situation, I determined that she might be qualified for a waiver; however, I explained to her that all participants have a duty to report changes in their income and resources. I explained how she should proceed with her request and provided her with an overpayment waiver form.
Age: 74
Client contacted us regarding an overpayment Social Secuirty claims she recieved under Supplemental Security Insurance for failure to report changes in her income. After reviewing a letter from Social Security noting the overpayment and her financial situation, I determined that she might be qualified for a waiver; however, I explained to her that all participants have a duty to report changes in their income and resources. I explained how she should proceed with her request and provided her with an overpayment waiver form.
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