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My mother just got scammed on her funeral insurance?

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kwmwtaj

Junior Member
FL
Before read this, there was a 30 day trial meaning if she cancelled, she get's all her money back.

She had signed up for lincoln heritage funeral insurance and the guy that came to the house was a complete moronic scammer. First he had said the policy covered the ground burial of where she was going to be buried which the contract didn't say so when she signed it; I pointed it out to her. So she cancelled by calling the company and received a check and even signed for cancellation. The check had only $40 when she gave $80. The guy that came to our house had ask for her bank account routing # and $40 cash, we did get a receipt with cash payment. We had call the company claiming they had no idea what cash she was talking about. By the way I pointed out to her the guy robbed her $40. Then the company gave her the agent's number and we had called. The agent "claims" that the $40 cash was a check, i don't know how it turned into a check, but he said the company didn't cash it out and he was going to tell the company to give him the money so he can mail it to us. He said it would come within 8-12 business days, she's waited almost a whole month and still nothing. Also the company claims that they don't have any check or cash so I think the agent is lying to them and her.

From this point what should she do, go to a small claim court, hire an attorney at law; I really don't know jack about cases like this. Any help on the internet would be appreciated.
 


Zigner

Senior Member, Non-Attorney
Mom can sue the bad guy in small claims court. If she wins, she'll be awarded the $40 + court costs. HOWEVER, then mom would have to collect from the bad guy, and that can take a considerable amount of energy.

All in all, it's probably not worth suing over $40.
 

Zigner

Senior Member, Non-Attorney
Can she sue the company instead, wouldn't the company be liable for his actions?
He is an independent agent.

ETA: Also, what makes you think a lawsuit against a big insurance company will be EASIER?

Really...it's $40.
 

swalsh411

Senior Member
Does the receipt say cash? Did you personally witness your mother hand him $40 and a check? If no to both then you really can't say what happened.
 

kwmwtaj

Junior Member
Ya I saw both things happen, this isn't fair my mother can't do anything about it. What the hell happened to justice in this country.
 

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