Company Filed Claim in My name, signed and cashed check but didnt pay me!!

[Ferchalks]

This one is long and complicated, but here goes.

I started driving as an independant operator for Hirshbach motor lines in November of 2003.

I was purchasing my truck on a lease to own program.

The insurance for this truck (kenworth t-600) was in my name. I paid the premiums.

I was in an accident that totaled the truck in June 2004. By that Time I had paid about $18,000 into it.

My lease was terminated by the company on June 21st 2004 due to the accident.

I was never given any claim information for the insurance or refunded the money I paid into owning the truck.

Supposedly I had signed a power of Attorney with my lease, however I do not recall EVER signing one.

I just discovered today that Hirschbach made a calim on my truck for $24,000 and that they signed my name on all the paperwork AND the payment check! They signed these documents in MARCH 2005!!!

Even if I had signed a power of attorney with my lease, shouldn't it have been nullified when my lease was terminated in June 2004?

I need to know just what I can do to get what I am deserved out of Hirschbach, and what other charges they can face for making insurance claims in my name and signing in my name without my knowedge or permission.

Thanks to anyone that can help me out with this issue.

And if you know of any attorneys in my area that may be able to help me, that would be some useful information too.

additional information....
Hirschbach Motor Lines is located in South Sioux City Nebraska
I live in Windber Pennsylvania

Thank you
Jason B Ferchalk

 

[lwpat]

You need to contact the insurance company and obtain a copy of all the paperwork. I fail to see how they could cash a check made out to you unless they did have a power of attorney. I makes no difference whether you remember signing or not. Never sign a contract without having your attorney review the terms. In addition never ever ever sign anything without keeping a copy.

Any money owed to you would depend on the terms of the lease. Have you contacted the company? If you want an attorney to give you an opinion you will need the paperwork. Hopefully you can obtain it on your own. If not you will have to pay an attorney to request the information. It is quite possible that the lease violated some of the truth in leasing laws and there has been some recent litigation in that area. Send me your email and I can provide some references.