Legal Questions: do not communicate with the demon at all except through your genie

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Incredulous Red: Mar 25, 2008

Actie posted:

Of course. But to avoid burdening the thread with repetition, I'd ask you just read the first couple posts here: http://forums.somethingawful.com/showthread.php?threadid=3266659&userid=79672

I have learned a lot since I wrote that (a few weeks ago)--mainly, I've learned that the scamster has a long trail of a couple dozen victims, most of them for larger sums of money and in different states and in much more complex scams. I should feel (comparatively) lucky.

He did the exact same Craigslist roommate type scam to one other person (that I know of). I'm hoping that if she and I visit the NYPD together, we'll have more luck getting them to file a report. I was told that the signed contract constitutes inducement to fraud, which is a criminal matter--at least in California. (The California victim--of a different scam, same scamster--prevailed on the LAPD to let him file a report only after he visited the station four times, and only after he got someone to look at the exact statute in question.)

quote:

NY Section 155.05 Larceny; defined

1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

2. Larceny includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subdivision one of this section, committed in any of the following ways:

(a) By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses;

(b) By acquiring lost property.

A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;

(c) By committing the crime of issuing a bad check, as defined in section 190.05;

(d) By false promise.

A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed;

There are some monetary value requirements for larceny but you might meet those

# ? Sep 9, 2010 06:51

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# ? May 9, 2024 08:06

Rob Filter: Jan 19, 2009

Anjow posted:

I have another question, this time specifically concerning the UK. I've seen the 'Don't Talk to Cops' video on youtube, but I wondered how much of it applies to the UK? Is it still the best advice to just be polite but not say anything other than the details you're required to give (AFAIK this is your name and address)? Or can an explanation sometimes help?

I'm not in any trouble with the police, nor am I involved with anything that makes me think I might be soon. I'm just interested (been watching 'reality' cop shows).

I'd like to replace UK with australia (NSW if it matters) and ask the same question.

# ? Sep 9, 2010 13:11

King of the Cows: Jun 1, 2007; If I were two-faced, would I be wearing this one?

tishthedish posted:

Texas. Got in an auto accident four months ago. Other guy's fault.

The date of the accident was 4-30. I saw an urgent care doctor on 5-2 and 5-9. I was still in constant pain until the end of May, but I considered myself done with treatment. I told the adjuster this, mostly because I wanted to settle the claim and move on with my life. Thing is, when I get really upset or nervous, my back spasms in the same location and manner that my back spasmed after the accident. Because the adjuster who is working with me is trying to settle for a ridiculously low amount, the claim is still unsettled.

I told her that I was done seeking treatment, but I didn't sign any forms. My back is spasming right now (ironically because I filed a complaint about the insurance company with my state's department of insurance and they cc'ed me on their response to the department of insurance, which is full of lies), and I'm wondering if it's still possible for me to see a doctor about this issue, even though the last time I sought treatment was 5-9? The adjuster said that I had to finish treatment within 30 days of the accident, but she's lied to me many times. I also wonder if there is a certain lapse in time of treatment that would render me responsible for the doctor's visit.

Get a personal injury lawyer. Don't negotiate with the insurance adjuster yourself.

# ? Sep 9, 2010 16:30

Actie: Jun 7, 2005

Incredulous Red posted:

There are some monetary value requirements for larceny but you might meet those

This looks very promising. Thank you.

How compelling do you think the bounced check is, based on the below? would love to have two violated statutes to bring to bear.

quote:

New York Penal, Article 190

190.00 Issuing a bad check; definitions of terms.
The following definitions are applicable to this article:
1. "Check" means any check, draft or similar sight order for the
payment of money which is not post-dated with respect to the time of
utterance.
2. "Drawer" of a check means a person whose name appears thereon as
the primary obligor, whether the actual signature be that of himself or
of a person purportedly authorized to draw the check in his behalf.
3. "Representative drawer" means a person who signs a check as drawer
in a representative capacity or as agent of the person whose name
appears thereon as the principal drawer or obligor.
4. "Utter." A person "utters" a check when, as a drawer or
representative drawer thereof, he delivers it or causes it to be
delivered to a person who thereby acquires a right against the drawer
with respect to such check. One who draws a check with intent that it be
so delivered is deemed to have uttered it if the delivery occurs.
5. "Pass." A person "passes" a check when, being a payee, holder or
bearer of a check which previously has been or purports to have been
drawn and uttered by another, he delivers it, for a purpose other than
collection, to a third person who thereby acquires a right with respect
thereto.
6. "Funds" means money or credit.
7. "Insufficient funds." A drawer has "insufficient funds" with a
drawee to cover a check when he has no funds or account whatever, or
funds in an amount less than that of the check; and a check dishonored
for "no account" shall also be deemed to have been dishonored for
"insufficient funds."

S 190.05 Issuing a bad check.
A person is guilty of issuing a bad check when:
1. (a) As a drawer or representative drawer, he utters a check knowing
that he or his principal, as the case may be, does not then have
sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time of utterance that payment will be refused by the
drawee upon presentation, and (c) payment is refused by the drawee upon
presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then
have sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time the check is passed that payment will be refused by
the drawee upon presentation, and (c) payment is refused by the drawee
upon presentation.
Issuing a bad check is a class B misdemeanor.

# ? Sep 9, 2010 18:29

Berbil Snatch: Nov 14, 2006

I'm in Texas.

Two days ago my city had a record high rainfall and my 1 bedroom 1 bathroom apartment, which is on the ground floor, took on some water. My bedroom and closet were affected. I put in a maintenance request last night and today a technician came to my apartment to begin repairs. He cut some holes in the carpet and is running fans to dry the padding and carpet. It's thursday and the fans have to run until Monday.

Before he came and after I moved the contents of my bedroom into the living room,I snapped some pictures on my phone of the corner of my bedroom where the water was coming in. There is mud, worms, mold, and rotting carpet tack boards. Not to mention the unpleasant musty humid smell permeating from my bedroom.

My girlfriend had an unpleasant conversation with the apartment manager who denied our request to be moved to a new apartment, refused our request to have the rotting wood replaced, and told us if we didn't want to live in the apartment our only option was early termination which would cost $1,800.

My girlfriend and I live in the apartment with our one cat who we put down a pet deposit for. Her father is a cosigner. We're all three on the lease. We have no overdue rent or charges.

Can I break the lease without paying a fee? Do I need a lawyer to do that? Are they obligated to move me to a new apartment? Will a health inspector help me? Housing inspector? Can I make them pay for my electric bill since two industrial fans are plugged into my electrical outlets and will be running for four or five days?

# ? Sep 9, 2010 20:04

Busy Bee: Jul 13, 2004

Is there a way to check in WA state if a civil case has been filed? I'm assuming that it is all public record?

# ? Sep 9, 2010 21:10

Incredulous Red: Mar 25, 2008

Actie posted:

How compelling do you think the bounced check is, based on the below? would love to have two violated statutes to bring to bear.

Um, I feel like I'm missing something here. Are you suing him, or reporting him to the cops?

# ? Sep 9, 2010 21:12

Javid: Oct 21, 2004

Berbil Snatch posted:

I'm in Texas.

I would start here: http://texastenant.org/

My gut tells me they can't just blow you off when it's that lovely, but check the laws on it.

# ? Sep 9, 2010 23:41

terrorist ambulance: Nov 5, 2009

Berbil Snatch posted:

I'm in Texas.

Two days ago my city had a record high rainfall and my 1 bedroom 1 bathroom apartment, which is on the ground floor, took on some water. My bedroom and closet were affected. I put in a maintenance request last night and today a technician came to my apartment to begin repairs. He cut some holes in the carpet and is running fans to dry the padding and carpet. It's thursday and the fans have to run until Monday.

Before he came and after I moved the contents of my bedroom into the living room,I snapped some pictures on my phone of the corner of my bedroom where the water was coming in. There is mud, worms, mold, and rotting carpet tack boards. Not to mention the unpleasant musty humid smell permeating from my bedroom.

My girlfriend had an unpleasant conversation with the apartment manager who denied our request to be moved to a new apartment, refused our request to have the rotting wood replaced, and told us if we didn't want to live in the apartment our only option was early termination which would cost $1,800.

My girlfriend and I live in the apartment with our one cat who we put down a pet deposit for. Her father is a cosigner. We're all three on the lease. We have no overdue rent or charges.

Can I break the lease without paying a fee? Do I need a lawyer to do that? Are they obligated to move me to a new apartment? Will a health inspector help me? Housing inspector? Can I make them pay for my electric bill since two industrial fans are plugged into my electrical outlets and will be running for four or five days?

Knowing nothing about Texas law, I would advise you to call the city. They either have inspectors, or can direct you to some sort of health / safety board to have someone come out and take a look at your place. In my jurisdiction, what you described would render a dwelling uninhabitable, and a landlord who refused to fix it would get some free sex from the government (and not the good kind). Call around. If the city can't help you out, you may have other remedies (ie: where I'm from, some common law re: contracts is preserved by statute, and you may be able to make an argument re: frustration or breach of implied warranty), but I'd try the city first.

terrorist ambulance fucked around with this message at 00:38 on Sep 10, 2010

# ? Sep 10, 2010 00:34

chachu: Jul 4, 2007; cuttin' cat faces in the pines.

My husband and I are feeling really overwhelmed right now and don't know where to start, legally. Apologies for the long story.

About 7 years ago in California my husband was married to his ex-wife and had two kids with her. They filed for separation and she left him and moved to Illinois and took his kids (against his will). Once she ran out of money, she sent the kids back to live with him. After six months he couldn't afford it and had to send them to live with her. She had gotten a job and was living with her mother and could afford to take care of them. From that point on, the kids lived in Illinois.

He had visitation in California, but I guess that wasn't enforceable in Illinois? He eventually moved to Illinois to be near his kids, and she immediately tried to move to Mississippi. He had to get a thing from the courts saying they couldn't move for 30 days. Eventually there was nothing more he could do and she moved to Mississippi with the kids. During all this they were still only separated, not divorced.

That was about 2004ish. All the while they were still negotiating the custody/visitation terms of the divorce, but never settled on anything. In 2007, she somehow managed to push the divorce through without his consent? He never signed anything, but we got a notice saying that they were legally divorced and he had ZERO custody or visitation rights. Since then any time he tries to see his kids, she refuses and tells him he has no visitation.

Before we get a lawyer (which would be a huge financial drain on us. He makes about $50k, not including child support payments.) we just have some questions about this whole thing.

1) How could she have pushed the divorce through and granted him zero visitation? Is that legal to do?
2) Do we get a lawyer for Illinois or Mississippi (where they currently live)? They separated in California. We have recently moved to Oregon.
3) Are we likely to find any pro bono support? We just don't have thousands of extra dollars for a drawn-out legal battle.
4) How can a parent get zero visitation rights? My husband is not an alcoholic, drug addict, abusive etc. He loves his kids so much and just wants to be there while they're growing up. Would the court take any of this into consideration or would they just listen to the kids' mom say "HE'S A TERRIBLE FATHER AND BAD PERSON" even though she knows that's not true?
5) Is there any way to tell the court that she's doing all this stuff just out of spite? She's done this just to make his life a living hell, not because she believes he's a bad person or a bad father. She just wants him to suffer and has told him this on numerous occasions when he asks to see his kids.

Sorry for such a rambling post, but I just feel so overwhelmed with all this and don't know where to start. Does it sound like we can get help? The least we want is just one yearly week of visitation, that's it. My husband has a good job, we have a nice house and a daughter who could tell you that her dad is the most wonderful dad in the world. It just seems so unfair and we don't know what to do.

chachu fucked around with this message at 02:07 on Sep 10, 2010

# ? Sep 10, 2010 02:04

Queen Elizatits: May 3, 2005; Haven't you heard?
MARATHONS ARE HARD

terrorist ambulance posted:

In my jurisdiction, what you described would render a dwelling uninhabitable, and a landlord who refused to fix it would get some free sex from the government (and not the good kind).

Do you mind posting a bit more information about this? We are going through a similar situation in California, in our case it is a problem with the circuit panel in the house. We have talked to the city building inspector and he advised us that he will have to shut off our electricity if the issue isn't fixed. The landlord is refusing to do anything so we are going to have to break the lease and leave. The landlord is threatening to keep our security deposit if we do.
In addition to the fire hazard with the panel there is also mold in the kitchen and a possible mouse infestation, it seems kind of crummy that the landlord could keep our security deposit when they are the ones refusing to do anything about the problems and we would stay in the house if we could. Maybe if they thought they could get in trouble with the city they would be more willing to return our money to us.

# ? Sep 10, 2010 02:29

Incredulous Red: Mar 25, 2008

Robo Olga posted:

Do you mind posting a bit more information about this? We are going through a similar situation in California, in our case it is a problem with the circuit panel in the house. We have talked to the city building inspector and he advised us that he will have to shut off our electricity if the issue isn't fixed. The landlord is refusing to do anything so we are going to have to break the lease and leave. The landlord is threatening to keep our security deposit if we do.
In addition to the fire hazard with the panel there is also mold in the kitchen and a possible mouse infestation, it seems kind of crummy that the landlord could keep our security deposit when they are the ones refusing to do anything about the problems and we would stay in the house if we could. Maybe if they thought they could get in trouble with the city they would be more willing to return our money to us.

You really need to talk to a tenants union. What part of California?

# ? Sep 10, 2010 02:45

Actie: Jun 7, 2005

Incredulous Red posted:

Um, I feel like I'm missing something here. Are you suing him, or reporting him to the cops?

I'm talking about reporting him to the cops. Understand that the first time I tried to do this they basically shooed me out of the station, contending that it was a "civil matter," even when I explained that I wasn't trying to redress my monetary losses.

Meanwhile, our neighborhood scammer continues swindling victims--many of whom I know of, a couple of whom I'm in direct contact with. I just want the goddamn NYPD to let me file a report so that a freaking detective will run this guy's name in the system and find out that he's WANTED, and do something about it--which shouldn't be difficult since the precinct is next door to his apartment building. And what I'm saying is that, if I need to make a fuss to file a report, I better be able to point to the penal code to prove that this is in fact a criminal matter, lest I be ignored again. Make sense?

# ? Sep 10, 2010 02:49

ChubbyEmoBabe: Sep 6, 2003; -=|NMN|=-

I'm trying to contest a (very ambiguous) ticket. "To fast for conditions", with a note of "failure to maintain control of vehicle to avoid collision" as a result of going onto the shoulder (at/below the speed limit) then over correcting an spinning out.

My question outside of the specific circumstances is that it says this:

quote:

(4) The infraction may be dismissed upon a showing of
prejudice if the court does not send a defendant written notice
of a hearing within 21 days of receipt of the request for a hearing.

...And via proof of certified mail receipt, and the return postmark they are ~5 business days (which should just be regular days since the other schedules to pay, contest, etc are not forgiving weekends) outside of the 21 days for the notice of the hearing. How do I proceed to make a complaint of "prejudice"? Do I make it at the hearing?

ChubbyEmoBabe fucked around with this message at 16:37 on Sep 13, 2010

# ? Sep 10, 2010 03:13

Queen Elizatits: May 3, 2005; Haven't you heard?
MARATHONS ARE HARD

Incredulous Red posted:

You really need to talk to a tenants union. What part of California?

Kern County, we're in California City.

# ? Sep 10, 2010 03:15

Incredulous Red: Mar 25, 2008

Actie posted:

I'm talking about reporting him to the cops. Understand that the first time I tried to do this they basically shooed me out of the station, contending that it was a "civil matter," even when I explained that I wasn't trying to redress my monetary losses.

Wel, there's a statute. Call them and ask to talk to whatever passes for their fraud investigation unit.

# ? Sep 10, 2010 03:29

terrorist ambulance: Nov 5, 2009

Robo Olga posted:

Do you mind posting a bit more information about this? We are going through a similar situation in California, in our case it is a problem with the circuit panel in the house. We have talked to the city building inspector and he advised us that he will have to shut off our electricity if the issue isn't fixed. The landlord is refusing to do anything so we are going to have to break the lease and leave. The landlord is threatening to keep our security deposit if we do.
In addition to the fire hazard with the panel there is also mold in the kitchen and a possible mouse infestation, it seems kind of crummy that the landlord could keep our security deposit when they are the ones refusing to do anything about the problems and we would stay in the house if we could. Maybe if they thought they could get in trouble with the city they would be more willing to return our money to us.

Well where I am, there's minimum health and safety standards for all dwellings intended for human use. There has to be a kitchen, there has to be power and water, there has to be a toilet, there has to be somewhere to wash, there can't be vermin, there can't be large amounts of mold or similar environmental hazards, etc. So if you're in a situation where your house has fallen below minimum health and safety standards and you rent, and your landlord isn't doing anything for you, you would call the city. They would come out, inspect the place, and then issue an order if the house does fall below minimum health & safety standards. If the landlord ignores this order, they get hosed. Health services doesn't play around.

HOWEVER, I'm in Canada, in a province that has relatively robust tenant rights. Your statutory rights and the capacity / willingness of the enforcement agencies responsible for the protection of those rights very likely differ from where I am. The other guy suggested the tenants' union -- if something like that exists where you are, that'd probably be a good start. Off the top of my head what's happening to you sounds illegal and unfair, but...

# ? Sep 10, 2010 04:46

JeffOneShotWong: Aug 23, 2005; ...

Virginia state.
Can a landlord, who've filed for bankruptcy in order get rid of outstanding condo debt, come after a tenant for back-rent during the span of time when the tenant had a court order to not pay rent to the landlord but to pay rent to the condo association instead as garnishment toward the landlord's condo debt?

What if during the time when the rent was supposed to go as garnishment to the condo association, the condo association didn't accept any of the rent payments because the landlord declaring bankruptcy had put the condo association's rent collecting on hold?

# ? Sep 10, 2010 04:56

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

ChubbyEmoBabe posted:

I'm trying to contest a (very ambiguous) ticket. "To fast for conditions", with a note of "failure to maintain control of vehicle to avoid collision" as a result of going onto the shoulder (at/below the speed limit) then over correcting an spinning out.

I will note that if you spun out, it is probably going to be much easier to prove this ticket.

quote:

It says this:

...And via proof of certified mail receipt, and the return postmark they are ~5 business days (which should just be regular days since the other schedules to pay, contest, etc are not forgiving weekends) outside of the 21 days for the notice of the hearing. How do I proceed to make a complaint of "prejudice"? Do I make it at the hearing?

Prejudice means your case needs to have been hurt by the the delay.

# ? Sep 10, 2010 05:46

Solomon Grundy: Feb 10, 2007; Born on a Monday

JeffOneShotWong posted:

Virginia state.
Can a landlord, who've filed for bankruptcy in order get rid of outstanding condo debt, come after a tenant for back-rent during the span of time when the tenant had a court order to not pay rent to the landlord but to pay rent to the condo association instead as garnishment toward the landlord's condo debt?

What if during the time when the rent was supposed to go as garnishment to the condo association, the condo association didn't accept any of the rent payments because the landlord declaring bankruptcy had put the condo association's rent collecting on hold?

I am having trouble understanding your question, but conceptually, any amount owed to your landlord probably should have been declared as an asset in his bankruptcy and is probably owed to his bankruptcy trustee. You may want to look up his case and call his bankruptcy trustee.

# ? Sep 10, 2010 11:15

baquerd: Jul 2, 2007; by FactsAreUseless

Solomon Grundy posted:

I am having trouble understanding your question, but conceptually, any amount owed to your landlord probably should have been declared as an asset in his bankruptcy and is probably owed to his bankruptcy trustee. You may want to look up his case and call his bankruptcy trustee.

I think he's saying he was supposed to pay his rent to the condo association but they didn't accept his payments so he just went sans rent.

In that case, you will need to pay the rent, but I cannot say as to who.

# ? Sep 10, 2010 11:43

echopapa: Jun 2, 2005; El Presidente smiles upon this thread.

chachu posted:

1) How could she have pushed the divorce through and granted him zero visitation? Is that legal to do?
2) Do we get a lawyer for Illinois or Mississippi (where they currently live)? They separated in California. We have recently moved to Oregon.
3) Are we likely to find any pro bono support? We just don't have thousands of extra dollars for a drawn-out legal battle.
4) How can a parent get zero visitation rights? My husband is not an alcoholic, drug addict, abusive etc. He loves his kids so much and just wants to be there while they're growing up. Would the court take any of this into consideration or would they just listen to the kids' mom say "HE'S A TERRIBLE FATHER AND BAD PERSON" even though she knows that's not true?
5) Is there any way to tell the court that she's doing all this stuff just out of spite? She's done this just to make his life a living hell, not because she believes he's a bad person or a bad father. She just wants him to suffer and has told him this on numerous occasions when he asks to see his kids.

2. Get a lawyer for wherever the decree of divorce was issued
3. Probably not, lawyers hate divorce cases and won't do them without getting paid
4. If Dad don't respond to Mom's request for zero visitation, Mom wins by default
5. In a modification proceeding

# ? Sep 10, 2010 14:51

Mister Fister: May 17, 2008; D&D: HASBARA SQUAD
KILL-GORE

I love the smell of dead Palestinians in the morning.
You know, one time we had Gaza bombed for 26 days
(and counting!)

I'm inviting some people from work to watch a football game in a couple weeks at my place and there will be alcohol. If they get in an accident, can i be liable in anyway? I'm thinking of including a line in my invite email that they're responsible for their own consumption and should wait until all alcohol is out of their system before driving back or they have someone sober to drive them back after the game is over.

Edit: This is in Connecticut, if that makes a difference.

Mister Fister fucked around with this message at 15:22 on Sep 10, 2010

# ? Sep 10, 2010 15:19

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

Mister Fister posted:

I'm inviting some people from work to watch a football game in a couple weeks at my place and there will be alcohol. If they get in an accident, can i be liable in anyway? I'm thinking of including a line in my invite email that they're responsible for their own consumption and should wait until all alcohol is out of their system before driving back or they have someone sober to drive them back after the game is over.

Edit: This is in Connecticut, if that makes a difference.

Order a cheapo breathylizer. [examples]
Collect keys as guests arrive.
As they want to leave, breathalyze them.
If they pass, they get their keys.

bonus: your guests will probably misconstrue your concern for your legal liability as concern for their well-being.

# ? Sep 10, 2010 15:43

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

tishthedish posted:

Texas. Got in an auto accident four months ago. Other guy's fault.

The date of the accident was 4-30. I saw an urgent care doctor on 5-2 and 5-9. I was still in constant pain until the end of May, but I considered myself done with treatment. I told the adjuster this, mostly because I wanted to settle the claim and move on with my life. Thing is, when I get really upset or nervous, my back spasms in the same location and manner that my back spasmed after the accident. Because the adjuster who is working with me is trying to settle for a ridiculously low amount, the claim is still unsettled.

I told her that I was done seeking treatment, but I didn't sign any forms. My back is spasming right now (ironically because I filed a complaint about the insurance company with my state's department of insurance and they cc'ed me on their response to the department of insurance, which is full of lies), and I'm wondering if it's still possible for me to see a doctor about this issue, even though the last time I sought treatment was 5-9? The adjuster said that I had to finish treatment within 30 days of the accident, but she's lied to me many times. I also wonder if there is a certain lapse in time of treatment that would render me responsible for the doctor's visit.

I don't practice in Texas, but I would think you can still go back to the doctor (and you should--your complaints have not resolved). You should also get a lawyer. Have you had an MRI? Do you have a history of back pain or injuries, other accidents? What treatment was it--chiro or orthopedic? Why on earth did you stop going, because you couldn't pay or what?

In Louisiana, soft tissue back injuries--i.e. no acute disc problems--are worth $800 to $1500 per month of pain, depending on the venue, plus all medical specials. Minimum liability policy in Texas, I believe, is $25,000, so you should keep in mind that this is what the adjuster is working with.

# ? Sep 10, 2010 16:48

ChubbyEmoBabe: Sep 6, 2003; -=|NMN|=-

nm posted:

I will note that if you spun out, it is probably going to be much easier to prove this ticket.

Hmm, yea the law kind of reads odd as to the criteria. A couple cop friends said that it didn't sound like a right citation for the circumstances but they aren't highway patrol and of course cop != legal expert.

nm posted:

Prejudice means your case needs to have been hurt by the the delay.

Ahh thanks I was reading into that after I posted.

Welp onto other ideas.

Thanks!

# ? Sep 10, 2010 16:55

Mister Fister: May 17, 2008; D&D: HASBARA SQUAD
KILL-GORE

I love the smell of dead Palestinians in the morning.
You know, one time we had Gaza bombed for 26 days
(and counting!)

joat mon posted:

Order a cheapo breathylizer. [examples]
Collect keys as guests arrive.
As they want to leave, breathalyze them.
If they pass, they get their keys.

bonus: your guests will probably misconstrue your concern for your legal liability as concern for their well-being.

Well, i do care about their well being, they are my co-workers :shobon:

I just don't want to find out one of them is an alcoholic who likes to drive drunk later on.

# ? Sep 10, 2010 16:57

JeffOneShotWong: Aug 23, 2005; ...

baquerd posted:

I think he's saying he was supposed to pay his rent to the condo association but they didn't accept his payments so he just went sans rent.

In that case, you will need to pay the rent, but I cannot say as to who.

That's basically my situation. I will definitely be talking to a lawyer about this. I'm not sure if this is a bankruptcy or a landlord-tenant issue though.

The problem now is I don't know if the landlord has any right to the rent money because, at the time, the money was supposed to go to the condo association. I have no idea to whom the accumulated rent money is supposed to go to and if the landlord has a right to that portion of the rent money that was supposed to go to the condo association, even though the condo association was not accepting it.

Isn't whether or not I had been paying the condo association a matter reserved between me and the condo association? For instance, what would it mean if I had somehow worked out payment arrangements between the condo association and myself that equated to me having to pay less than my full monthly rent's worth towards the condo association? Does the difference go to the landlord? What if I had to pay more than my monthly rent's worth toward the condo association? Would that entitle me to go after my landlord for the extra money I had to pay?

It just seems that if I had to pay more than rent's worth to the condo association, and I can't collect from my landlord the difference, then that should mean that if I paid less than rent's worth to the condo association, then my landlord shouldn't be able to collect the difference.

If my landlord is able to come after me in an attempt to collect back-rent, what is to stop him from coming after me even if the condo association had been accepting my rent in the off-chance that I can't prove that I've been paying the condo association?

I think I need to find out if my landlord even owns the property. When my landlord filed for bankruptcy, I had gone to his meeting of creditors and overheard that he has 4 homes going into foreclosure and hasn't paid taxes since 2007. I just don't know if the condo he's trying to collect rent on is one of those homes. How does one go about finding this out?

# ? Sep 10, 2010 17:23

chachu: Jul 4, 2007; cuttin' cat faces in the pines.

echopapa posted:

2. Get a lawyer for wherever the decree of divorce was issued
3. Probably not, lawyers hate divorce cases and won't do them without getting paid
4. If Dad don't respond to Mom's request for zero visitation, Mom wins by default
5. In a modification proceeding

Thank you! My husband already had to do a bankruptcy from his $40,000 of legal fees from the divorce, so that's why we've been so slow to get a lawyer involved. They also somehow judge that he has to pay all her legal fees too, so the bills just pile up. Assuming that when you say it's hard to find pro bono divorce support that you're including custody, I guess we'll just save up for a few months and then see what our fees are gonna look like before going through with it. Thanks again.

# ? Sep 10, 2010 17:45

tishthedish: Jan 21, 2007; I'm standing at her shores

Phil Moscowitz posted:

I don't practice in Texas, but I would think you can still go back to the doctor (and you should--your complaints have not resolved). You should also get a lawyer. Have you had an MRI? Do you have a history of back pain or injuries, other accidents? What treatment was it--chiro or orthopedic? Why on earth did you stop going, because you couldn't pay or what?

In Louisiana, soft tissue back injuries--i.e. no acute disc problems--are worth $800 to $1500 per month of pain, depending on the venue, plus all medical specials. Minimum liability policy in Texas, I believe, is $25,000, so you should keep in mind that this is what the adjuster is working with.

I don't have a lawyer because up until a month ago, I was still a student and unemployed. With my husband's paycheck, we only made it month to month. I didn't get an MRI or anything more than x-rays, but the x-rays showed no damage to any bones(honestly don't know what an MRI would tell me). I had to pay everything up front, and we just couldn't afford for me to see an orthopedist. Plus, with my schedule at school with rotations and classes, I didn't have time. Now I'm in the spot where I am working, but I have a six month probationary period and I can't ask off any time for any reason. I suppose I could talk to my supervisor, but I've only been training for 3 weeks and I don't want to seem....needy.

I did have a minor accident 3 years ago where I saw a chiropractor 5-6 times, but that issue was resolved. I didn't have any type of lingering pain.

What do you mean by minimum liability policy?

# ? Sep 11, 2010 03:07

TheBestDeception: Nov 28, 2007

tishthedish posted:

What do you mean by minimum liability policy?

He is referring to the lowest that the policy limits of the other driver's insurance could possibly be, based on Texas law (policy limits being the most that the insurance company will reimburse for the claim). With sparse treatment, you shouldn't have to worry about reaching even minimum policy limits since you would never hit that limit.

Yes, it is possible to obtain treatment after a long gap, but insurance adjusters will look at it skeptically, and likely will continue to low-ball (or even ignore) the additional treatment.

Remember - you aren't limited to what the adjusters offer you, and if you choose, you can file a lawsuit. But if that is what you are thinking, getting a lawyer earlier is better than later. On the flip-side: it often isn't worth filing suit in soft-tissue auto-accident claims, depending on the facts, of course (ex: low property damage, minimal treatment, no aggravating factors i.e. drunk driving)

# ? Sep 11, 2010 03:21

PoOKiE!: Jan 20, 2004; I can has 64 bites now?

nm posted:

Jesus christ, how old are you?

Wyatt posted:

I was wondering that myself. Futurama isn't that old.

My mistake, I thought it was one of the birds froms 80's cartoons. I'm currently 27. I could have swore there was a bird in those cartoons that wore a vest all the time and had a pocket-watch but I couldn't find him on google. The style reminds me a bit of Gyro from ducktails who I loved though.

# ? Sep 11, 2010 03:32

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

tishthedish posted:

I don't have a lawyer because up until a month ago, I was still a student and unemployed. With my husband's paycheck, we only made it month to month. I didn't get an MRI or anything more than x-rays, but the x-rays showed no damage to any bones(honestly don't know what an MRI would tell me). I had to pay everything up front, and we just couldn't afford for me to see an orthopedist. Plus, with my schedule at school with rotations and classes, I didn't have time. Now I'm in the spot where I am working, but I have a six month probationary period and I can't ask off any time for any reason. I suppose I could talk to my supervisor, but I've only been training for 3 weeks and I don't want to seem....needy.

I did have a minor accident 3 years ago where I saw a chiropractor 5-6 times, but that issue was resolved. I didn't have any type of lingering pain.

What do you mean by minimum liability policy?

An MRI will show problems in your spinal discs that will not show up in an x-ray, like bulging, herniation, or other cartilage damage. This is how most serious (i.e. not simply muscle strain) back injuries happen--your discs are damaged and begin to encroach on your spinal cord or the nerves branching off the cord to the rest of your body. If you have pain or numbness in your arms or legs, it could be because of impingment of those nerves by a damaged disc.

As TBD says regarding the policy limits I meant that if there is a policy on the other guy, it goes up to $25,000 minimum, so the adjuster can go that high. I don't think you're anywhere close, but if he's offered you $800 you know he's definitely got reserves that are more than that.

A lawyer can help work the case up for a better claim and will negotiate with the adjuster for you. It's a simple fact that in most cases, a insurance company will accept a higher payment to a lawyer than an unrepresented person, although not always.

He can also probably get treatment for you without payment up front. But then he will take a cut of course, anything from 25% pre suit to 40% or more, and any medical treatment he advanced will come out of your part of the settlement. So if you see a chiro for six months and it costs you $1500, and you get the adjuster to cough up a total of $5000, you can see that you will take home about $1500 after a 1/3 contingency fee and medical and court costs are paid. These are just numbers I made up--it could be more or less for many reasons.

In plaintiff-friendly areas like some parts of Louisiana it can be worth it to work up soft-tissue, but it might not be--at the end of all your efforts, lawsuit and everything, you might not feel any better and what you end up with in your pocket could be the same or less than what you would've had had you just settled pre-litigation.

# ? Sep 11, 2010 14:44

dsh: Aug 2, 2003

I live in California.

I need help determining what kind of lawyer I need and how to find a good one. My mom has amyotrophic lateral sclerosis (a untreatable progressive degenerative neuromuscular disease that inevitably results in paralysis, respiratory failure, and death) and went on medical leave several years ago�since then, the company her former employer contracted retirement plans to has been grossly negligent and incompetent and systematically denied her the retirement she earned while causing severe hardship and consequences for us as a family. My goal is to get her retirement the way it should be and allow my parents to struggle less while my mom dies. I�ve been trying to find the right lawyer unsuccessfully and really am kind of desperate and unsure as to who or what we really need. The lawyers we've contacted (people I could find online) so far have been of minimal help and have not been able to advise us as to who would be the right person to contact.

A company similar to who we�re dealing with is described here: http://www.globalaging.org/pension/us/private/plane.htm.

# ? Sep 12, 2010 07:30

Solomon Grundy: Feb 10, 2007; Born on a Monday

dsh posted:

I live in California.

I need help determining what kind of lawyer I need and how to find a good one. My mom has amyotrophic lateral sclerosis (a untreatable progressive degenerative neuromuscular disease that inevitably results in paralysis, respiratory failure, and death) and went on medical leave several years ago�since then, the company her former employer contracted retirement plans to has been grossly negligent and incompetent and systematically denied her the retirement she earned while causing severe hardship and consequences for us as a family. My goal is to get her retirement the way it should be and allow my parents to struggle less while my mom dies. I�ve been trying to find the right lawyer unsuccessfully and really am kind of desperate and unsure as to who or what we really need. The lawyers we've contacted (people I could find online) so far have been of minimal help and have not been able to advise us as to who would be the right person to contact.

A company similar to who we�re dealing with is described here: http://www.globalaging.org/pension/us/private/plane.htm.

Google "ERISA benefit lawyer california" and start making calls. Good luck. The federal ERISA law acts as a barrier to many lawsuits to force plan administrators to do the right thing.

# ? Sep 12, 2010 12:14

Sir Sidney Poitier: Aug 14, 2006; My favourite actor

SWATJester posted:

It really is an answer. Don't drink and then get in a car; you then can't ever find yourself in that situation. This applies equally to you, or anyone.

I don't think you understand the concept of hypothetical questions. Do you think lawyers learn how to defend their clients by going to law school to get told 'never murder anyone and you'll be fine'? If I'd asked "is diminished responsibility a defence for homicide" would you have told me never to stab anyone and I won't end up in that situation?

# ? Sep 12, 2010 21:11

Wyatt: Jul 7, 2009; NOOOOOOOOOO.

Anjow posted:

I don't think you understand the concept of hypothetical questions. Do you think lawyers learn how to defend their clients by going to law school to get told 'never murder anyone and you'll be fine'? If I'd asked "is diminished responsibility a defence for homicide" would you have told me never to stab anyone and I won't end up in that situation?

If I had a client who posed their question in the same form as your original (i.e. "I fancy stabbing someone, is that okay?") I would indeed tell them "Never stab anyone." Your question was whether it was okay to "[get] hammered and [drive] around in a car park." And the answer was "No."

# ? Sep 13, 2010 00:02

dsh: Aug 2, 2003

Solomon Grundy posted:

Google "ERISA benefit lawyer california" and start making calls. Good luck. The federal ERISA law acts as a barrier to many lawsuits to force plan administrators to do the right thing.

Thanks I'll give it a good go.

# ? Sep 13, 2010 01:37

Sir Sidney Poitier: Aug 14, 2006; My favourite actor

Wyatt posted:

If I had a client who posed their question in the same form as your original (i.e. "I fancy stabbing someone, is that okay?") I would indeed tell them "Never stab anyone." Your question was whether it was okay to "[get] hammered and [drive] around in a car park." And the answer was "No."

Actually I seem to remember my question being:

Anjow posted:

I'm in the UK, but I'd be interested in answers concerning US law too, since this is purely hypothetical and I would never dream of doing this: can one be done for drink driving if you're above the normal prescribed limit, but driving only on private land?

And I even posted to clarify it:

Anjow posted:

That's not really an answer though, because my question wasn't "I fancy getting hammered and driving around in a car park, is that okay?".

Emphasis added.

# ? Sep 13, 2010 06:05

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# ? May 9, 2024 08:06

Alchenar: Apr 9, 2008

Anjow posted:

Actually I seem to remember my question being:

And I even posted to clarify it:

Emphasis added.

"I totally don't plan on stabbing anyone but if I was how would I get away with it?"

Sorry, No.
No competent and ethical lawyer will answer a question that will later result in hearing the words "You told him what?"

# ? Sep 13, 2010 09:05

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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