Question About Kentucky Power Of Attorney???

Q: Anyone know where I can get help with this? In September 2003, I purchased a computer at Best Buy in Florence, KY, that included a $150 mail-in rebate. I promptly sent in the rebate, but I never received the $150 check. That is, until about 2 weeks ago. But here's the catch: The check is dated October 30, 2003. The check also says "NOT VALID AFTER 90 DAYS". In other words, they didn't send the check until after it had already become invalid! Therefore, I can't cash it! I have a good mind to call the sheriff about it right now. But I'm wondering whether I should call him, the Kentucky Attorney General, or a private attorney. Can I go to small claims court to collect the $150 which Best Buy stole? Inquiring minds want to know.

A: On what date was the check sent to you? If the fault is theirs (that is, Best Buy sent it after the 90 days was up), then FIRST ask for it to be reissued by Best Buy. If the fault is that of the USPS (that is, Best Buy sent it in a timely manner but the USPS failed to deliver it in an appropriate amount of time), keep the envelope which shows the date when the check was sent, and send a _copy_ of it (and the check) to both Best Buy and the USPS and make your argument that BOTH are liable to you for not delivering your rebate in the appropriate time frame. Then, ask Best Buy to reissue the check as the fault was not yours. Buy doing this, you also put the USPS on notice they *may* be liable to you if Best Buy does not reissue the check. My guess is that Best Buy will reissue the check to you, especially if you show the lack of cashing was NOT your fault (thus, being either Best Buy's or the USPS' fault). However, I don't know if they close down pay outs of rebates after a period to time or not. IOW, if the check was issued on October, sent in April, then your main gripe is with Best Buy; if the check was issued in October, sent in October or November, but the USPS failed

to deliver in a timely fashion, then your main gripe is with the USPS, and a case could be made to Best Buy they owe your a reissued check. I think making a case for fraud by Best Buy would be _very_ hard to do if you cannot show the Courts that you attempted to settle the matter amicably by first making your case with Best Buy that they should simply reissue the check. IMO, unless you can show Best Buy did this to just about every person who applied for the rebate, then it will always be a situation where Best Buy can simply claim error made your check late, and their actions were not fraudulent. As always, the Courts should be your last recourse, not the first.