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Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die
I would be worried about the credit card companies she owed money to going after that car.

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entris
Oct 22, 2008

by Y Kant Ozma Post

Andy Dufresne posted:

I would be worried about the credit card companies she owed money to going after that car.

Yeah, that's certainly an issue. Lord Lilf's payment of the funeral costs might have priority over the cc debt, but i'll bet the car is worth more than $800.

Lord lilt, you may not end up with the car, I hate to say. But first things first, go open the estate.

dennyk
Jan 2, 2005

Cheese-Buyer's Remorse

Andy Dufresne posted:

I would be worried about the credit card companies she owed money to going after that car.

This is definitely a concern, depending on how much debt his grandmother had. Her creditors will almost certainly have a claim on the car (or, more accurately, the proceeds from the sale of said car by the executor of the estate during the asset liquidation process) before any of it would pass to any of the heirs. The current title holder cannot just hand the title over to whoever calls them up to claim it at this point, it will have to go into the estate and be probated. Sorry to say, Lilf, but you most likely aren't going to be able to keep the car, unless you have enough money to buy it outright from the estate for fair market value. Even if her debts are less than its total value, the car will still have to be sold by the estate to obtain the funds to cover them, then the remainder of the money will be divided among her heirs as per Pennsylvania law for distribution of intestate estates (for people who die without leaving a will).

OctaviusBeaver
Apr 30, 2009

Say what now?
Ok, so I totally hosed up here and I'm looking for a way to fix it. A guy hits my car with his car, causes a small crack. He agrees it was his fault, gives me his insurance number and contact info. Stupidly I figure I don't need a police report. I call him, he agrees to pay cash instead of telling the insurance company and we set up a day. I call him that day, surprise surprise, no answer. I now realized I should always, always get a police report and I will never make that mistake again.

Is there any way to get damages from him? In terms of proof I have a picture of the damage, a piece of paper with his contact and insurance info in his handwriting and a few calls between us.

If not I guess then I guess I just paid the stupid tax, but I would really like to save $400.

Edit: Forgot to mention, this is in Kentucky.

OctaviusBeaver fucked around with this message at 22:19 on Sep 16, 2011

Caydence
Sep 3, 2011
Hopefully this is the right thread. I have a question about if I have any options here.

I recently changed jobs, and my old job told me my last paycheck would be on Sep 1st. Sep 15th rolls around and I get another paycheck.

Being a nice guy, I email the HR lady and ask if this was correct. I get an autoresponse that she was out that day, so I forward the question to the HR guy. He forwards it to finance, who responds that yes, that paycheck is valid and mine.

The HR lady gets back in the next day, and says she will look into it. I reply that there is no need, as I already got my answer.

Toward the end of the day, I get an email from the HR lady saying the paycheck was a mistake, and that it needs to be payed back. Do I really have to give it back? (I made plans for it, yes all in one day.)

The second question is, they took my bankruptcy payment out of this latest not-supposed-to-be-there paycheck, and mailed it to the court. Are they going to ask for that back as well?

:(

Thanks guys and gals!

dennyk
Jan 2, 2005

Cheese-Buyer's Remorse

OctaviusBeaver posted:

Ok, so I totally hosed up here and I'm looking for a way to fix it. A guy hits my car with his car, causes a small crack. He agrees it was his fault, gives me his insurance number and contact info. Stupidly I figure I don't need a police report. I call him, he agrees to pay cash instead of telling the insurance company and we set up a day. I call him that day, surprise surprise, no answer. I now realized I should always, always get a police report and I will never make that mistake again.

Is there any way to get damages from him? In terms of proof I have a picture of the damage, a piece of paper with his contact and insurance info in his handwriting and a few calls between us.

If not I guess then I guess I just paid the stupid tax, but I would really like to save $400.

Edit: Forgot to mention, this is in Kentucky.

It might not be too late to file a police report, depending on how long ago it happened. Call the police department that has jurisdiction where the accident took place and ask. Most departments will have an accident report form of some sort that you just have to fill out within a certain period of time after the accident and either file with the police or just give to the insurance company. If it really was only $400 in damages and that's not just a quote from your neighbor buddy to "fix" the giant hole in your quarterpanel with some Bondo and spray paint, they might not have sent an officer out anyway even if you had called them from the scene.

Once you've made a police report, call the guy's insurance company and file a claim. If you have full coverage on your car, your own insurance company might also be able to help you out if his company tries to gently caress you over somehow. If you don't have full coverage, you're stuck dealing with his insurance yourself, though. For a claim that small they'll probably just cut you a check to get rid of you, though. Don't sign ANYTHING from them until you've had the car inspected if there's any chance of additional damage, however. Also, remember that you do not have to have the car fixed at some insurance company "authorized" shop; you can take it anywhere you want and the insurance company has no say. They'll probably lowball you on the repair amount, but you don't have to take their first offer if you think it'll cost more to have it repaired at a reputable shop.

If you were dumb and waited too long and can't file a police report now, you might be boned. You can still call his insurance company and try to file a claim, though.

If you do end up having to eat it and the damage is really that minor, you could always just not fix it. Unless you have a newer car with decent resale value, it's not really worth paying to get minor dings and dents repaired.

OctaviusBeaver
Apr 30, 2009

Say what now?

dennyk posted:

It might not be too late to file a police report, depending on how long ago it happened. Call the police department that has jurisdiction where the accident took place and ask. Most departments will have an accident report form of some sort that you just have to fill out within a certain period of time after the accident and either file with the police or just give to the insurance company. If it really was only $400 in damages and that's not just a quote from your neighbor buddy to "fix" the giant hole in your quarterpanel with some Bondo and spray paint, they might not have sent an officer out anyway even if you had called them from the scene.

Once you've made a police report, call the guy's insurance company and file a claim. If you have full coverage on your car, your own insurance company might also be able to help you out if his company tries to gently caress you over somehow. If you don't have full coverage, you're stuck dealing with his insurance yourself, though. For a claim that small they'll probably just cut you a check to get rid of you, though. Don't sign ANYTHING from them until you've had the car inspected if there's any chance of additional damage, however. Also, remember that you do not have to have the car fixed at some insurance company "authorized" shop; you can take it anywhere you want and the insurance company has no say. They'll probably lowball you on the repair amount, but you don't have to take their first offer if you think it'll cost more to have it repaired at a reputable shop.

If you were dumb and waited too long and can't file a police report now, you might be boned. You can still call his insurance company and try to file a claim, though.

If you do end up having to eat it and the damage is really that minor, you could always just not fix it. Unless you have a newer car with decent resale value, it's not really worth paying to get minor dings and dents repaired.

Thanks for the advice! I called up the police department and they did have an accident report form that could be filled out up to 10 days after the incident, so I went ahead and submitted that. I will call his insurance company Monday morning.

One hitch is that it isn't his car; it belongs to a relative. So he gave me the insurance number that was in the car, would still be the one I use or do I have to call him down and find his insurance number?

At this point I'm not too worried about not being able to collect or having him disappear, I tracked down his address and found him on Facebook and Linked In.

Pertplus
Nov 7, 2009

I live in North Carolina.

I got pulled over and consented to a search of the car. They found drugs and charged me with possession. However, the car is actually my mom's and she never consented to the search since she was not there and was never contacted during the process. Does this mean the search was illegal if they had no warrant or cause?

Capt. Morgan
Feb 23, 2006

You the driver are responsible for the contents that lie within, owner of the vehicle doesn't matter.

Also you consented to the search they don't need a warrent.

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."

Capt. Morgan posted:

You the driver are responsible for the contents that lie within, owner of the vehicle doesn't matter.
Uhm no. No, no, no, no, no. A thousand times no.

The consent thing is correct in all but a few states (where consent searches are illegal, but I don't think NC is one of them.) As the driver, however, you can consent to the search of a vehicle you are driving, even if it isn't yours.

OP, you need a lawyer, and you need it now.

-Real life criminal defense attorney posting

Why the gently caress did you consent to a search?

Pertplus
Nov 7, 2009

nm posted:

Words
Why the gently caress did you consent to a search?

Thanks, I have already contacted a lawyer. And I consented because I was very nervous and didn't think I had anything in my car. I know, I'm stupid. I mentally kick my self hourly for doing that.

d0grent
Dec 5, 2004

I just came out with a 100 track gimmick album and we have somewhat of a theme running throughout it where we mention Matt Damon in a lot of the songs. We even have a track that is pretty much the ballad of Matt Damon. Anyway we have our music up on bandcamp and we're giving it away for free. However, we want to make shirts with our logo on them and also Matt Damon's face in the corner. Could we pull this off without getting sued?

euphronius
Feb 18, 2009

Caydence posted:

Hopefully this is the right thread. I have a question about if I have any options here.

I recently changed jobs, and my old job told me my last paycheck would be on Sep 1st. Sep 15th rolls around and I get another paycheck.

Being a nice guy, I email the HR lady and ask if this was correct. I get an autoresponse that she was out that day, so I forward the question to the HR guy. He forwards it to finance, who responds that yes, that paycheck is valid and mine.

The HR lady gets back in the next day, and says she will look into it. I reply that there is no need, as I already got my answer.

Toward the end of the day, I get an email from the HR lady saying the paycheck was a mistake, and that it needs to be payed back. Do I really have to give it back? (I made plans for it, yes all in one day.)

The second question is, they took my bankruptcy payment out of this latest not-supposed-to-be-there paycheck, and mailed it to the court. Are they going to ask for that back as well?

:(

Thanks guys and gals!

In general you are not entitled to payments in mistake. The party that made the mistake can get it back.

The bankruptcy thing is a complication that don't even want to touch other than saying parties that make payments in mistake usually want all of their money back, regardless of actions by third parties.

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

d0grent posted:

I just came out with a 100 track gimmick album and we have somewhat of a theme running throughout it where we mention Matt Damon in a lot of the songs. We even have a track that is pretty much the ballad of Matt Damon. Anyway we have our music up on bandcamp and we're giving it away for free. However, we want to make shirts with our logo on them and also Matt Damon's face in the corner. Could we pull this off without getting sued?

It depends. If it's a photograph then probably not, if it's a cartoonish drawing that looks like him then you should be okay. You can make fun of celebrities, but you can't use their image or imply that they endorse your product unless you have permission.

Avian Pneumonia
May 24, 2006

ASK ME ABOUT MY OPINIONS ON CANCEL CULTURE
There was a fire in my building last year. It was (judging from what I can decipher from the public fire records I was able to obtain) accidental and although most of my things were okay, the ceiling collapsed and spread wet debris throughout much of my living area. The apartment was uninhabitable for many months.

So I head to civil court (Kings county/Brooklyn) in a few days to try to get a few things I believe I'm owed.

-------------------------

Money for Rent
I paid rent on the 15th of every month. This would carry me over into the 15th of the next month. The fire occurred on the 25th. Meaning I'd paid for a full month of rent, but was only able to live there for 10 days. The lease specifies that if the apartment becomes uninhabitable through fire that I'd be entitled to a partial refund, in this case 2/3 of the rent that I'd paid. This hasn't been paid back.

He claims that he doesn't owe me the partial months rent because 'when the apartment was finished being fixed up, he let me move back into the apartment and didn't charge me rent'. However, I had let him know that I would not be living there, and would only need a few days to get things out of the apartment and into my new place. Moreover, the place wasn't really fully fixed up yet, there was still debris lying around, there was no door between the bathroom and the kitchen, the new bathroom fan was broken/improperly installed, there was no shower curtain or shower curtain rod etc..

Bills Paid
Talking with the landlord after the fire he told me to continue paying for utilities (power) and that I'd be refunded that money at another time. Months later when the apartment was again habitable, he mentioned that he had some forms on how I could get that money back, but then he disappeared and they never materialized. When I called him out on this he said that he'd never mentioned anything like that.

Broken/Missing Items
Not much was really directly damaged/lost in the incident. I lost about 1/3 of my books, my bed, and a few other small possessions. I'm not trying to hold him responsible for that which was directly lost in the incident.

That said, when I inspected the apartment immediately after the incident, I took pictures which show that (although it was a big mess) most of my things were actually okay. The landlord advised that I take any important valuables or things that I'd be needing and move them out. I packed up a car with cameras and computers and instruments etc... and I let him know that I would be leaving some things behind. He assured me that they would be secure in the building, and that the people who would be working on the building would put everything under a tarp and push it all into a corner, moving it to the other corner when needed.

When I returned a few months later I photographed several pieces of furniture that, despite being relatively unharmed immediately after the incident, were now missing or completely destroyed. A table and a desk were chipped up and covered in spray paint. An antique bookshelf was broken apart and thrown in the dumpster. And a number of other things I'd left behind in closed drawers were now missing.

He now claims that he 'told me to move valuables out of the apartment'. Which is true. But he also now appears to be denying that he also told me that it was okay to leave things behind and that they would be safe and secure.

-------------------------

So that's about it. Any thoughts?

If I'm not legally owed any of these things or if I don't have a strong case let me know, as I don't want to be taking anything that I don't deserve. The landlord was pretty cool actually.


-------------------------

E:
Did I not mention that the fire happened on thanksgiving? I was sitting down to dinner with my family when I got a call that was like 'hey everything you've ever owned has been destroyed' (of course the reality was much less bad).

I can't believe that (it looks like?) some jerk tried to deep fry a turkey on the rooftop and set the roof on fire.

Avian Pneumonia fucked around with this message at 08:27 on Sep 20, 2011

euphronius
Feb 18, 2009

Can you put a $ figure on your alleged damages? Excluding broken missing things.

Avian Pneumonia
May 24, 2006

ASK ME ABOUT MY OPINIONS ON CANCEL CULTURE

euphronius posted:

Can you put a $ figure on your alleged damages? Excluding broken missing things.

I can.

Un-returned rent money would be be less than $1,000 but it'd still be a pretty substantial (for a college student) amount of money.

Everything else would also be less than $1,000.

e: I could give the exact amount but I don't want to be too specific out here?
I say that as though I haven't already spilled all of my cards.
But i'm not too worried about my former/elderly landlord cruising on somethingawful.com and finding this.

Avian Pneumonia fucked around with this message at 08:32 on Sep 20, 2011

euphronius
Feb 18, 2009

I can imagine a judge asking you "If you moved out why did you leave your stuff there?"

OMG BYZANTIUM
Dec 30, 2008
Quick question:

I live in a group house-the landlord owns the house and we (me and 3 other people) rent rooms. We all use the living room and kitchen. Two of my house mates want to paint the living room because I guess they don't like it. Are they being stupid for paying for this? Isn't that the landlord's responsibility? Apparently they got his permission (probably because he's happy his tenants are volunteering to fix his house up). I always understood that general upkeep of the property was the landlord's problem. But this isn't really a repair situation, they just want to make it look nicer. My lease is literally two paragraphs so that doesn't explain anything. I'm not going to do anything and I don't care if they paint, I'm just curious about who is responsible legally for the upkeep of common areas of a house like this.

OMG BYZANTIUM fucked around with this message at 14:28 on Sep 20, 2011

the littlest prince
Sep 23, 2006


OMG BYZANTIUM posted:

Quick question:

I live in a group house-the landlord owns the house and we (me and 3 other people) rent rooms. We all use the living room and kitchen. Two of my house mates want to paint the living room because I guess they don't like it. Are they being stupid for paying for this? Isn't that the landlord's responsibility? Apparently they got his permission (probably because he's happy his tenants are volunteering to fix his house up). I always understood that general upkeep of the property was the landlord's problem. But this isn't really a repair situation, they just want to make it look nicer. My lease is literally two paragraphs so that doesn't explain anything. I'm not going to do anything and I don't care if they paint, I'm just curious about who is responsible legally for the upkeep of common areas of a house like this.

I am not a lawyer, but renters painting walls is ridiculously common. Usually the lease says you should paint it white again before you leave, but it sounds like yours might omit this - congratulations, you can stick the landlord with ugly walls when you leave!

Like you said, it's not a repair, so the landlord has no responsibility to do anything about it.

Dotcom656
Apr 7, 2007
I WILL TAKE BETTER PICTURES OF MY DRAWINGS BEFORE POSTING THEM
I have a question.

Last night, I was the victim of 3rd degree Assault (and battery? There was physical harm done to me) but I have not pressed charges yet. While I was filling out a police report I overheard police officers saying that the other party has admitted to everything that happened, and there is a 3rd party witness to the crime.

If I wanted to press charges, would I have to appear in court or would the state declare him guilty and give a punishment because he admitted to the crimes?

I'm not entirely clear how it works. I'm a full time student, so I don't want to miss classes to appear in court. I'm in South Carolina if it matters for this.

prussian advisor
Jan 15, 2007

The day you see a camera come into our courtroom, its going to roll over my dead body.

Dotcom656 posted:

I have a question.

Last night, I was the victim of 3rd degree Assault (and battery? There was physical harm done to me) but I have not pressed charges yet. While I was filling out a police report I overheard police officers saying that the other party has admitted to everything that happened, and there is a 3rd party witness to the crime.

If I wanted to press charges, would I have to appear in court or would the state declare him guilty and give a punishment because he admitted to the crimes?

I'm not entirely clear how it works. I'm a full time student, so I don't want to miss classes to appear in court. I'm in South Carolina if it matters for this.

The government can't simply declare someone guilty based on how overwhelming the evidence against them is, and ultimately an admission, or even a full-on signed confession, is just evidence (albeit strong evidence) of guilt. If the defendant elects to plea guilty they'll be adjudicated guilty without a trial or probably any further involvement by you. Defendants don't have to do this even when they admit the events of the crime or confess to the police, so ultimately the choice as to whether there'd be a trial or not is up to him.

You should note that the choice of whether or not to "press" or "drop" charges, in the overwhelming majority of states, is ultimately not up to the victim at all, but is entirely up to the prosecutor's office. If there's a third party witness and the defendant has given statements admitting part or all of the crime, the prosecutors don't really need your cooperation to try and probably win the case. They would probably subpoena you to testify in the case anyway, but they would feel little to no pressure to abandon the case if you stopped cooperating for some reason.

Misdemeanor trial for assault or battery is going to be short as hell anyway, so you likely shouldn't worry about missing more than a day of class.

Chinese Batman
Jun 28, 2008

How would I go about gaining a copy of my Grandfather's will, without going out of state? I don't particularly trust that side of my family and want to see it for myself.

euphronius
Feb 18, 2009

Chinese Batman posted:

How would I go about gaining a copy of my Grandfather's will, without going out of state? I don't particularly trust that side of my family and want to see it for myself.

You can ask him to see it? Or is he already dead?

Chinese Batman
Jun 28, 2008

euphronius posted:

You can ask him to see it? Or is he already dead?

Kinda figured it was implied, but yeah, he's dead.

entris
Oct 22, 2008

by Y Kant Ozma Post

Chinese Batman posted:

How would I go about gaining a copy of my Grandfather's will, without going out of state? I don't particularly trust that side of my family and want to see it for myself.

Has an executor for his estate been appointed? If so, your grandfather's will has probably been submitted to a court somewhere, and the executor is almost certainly required to provide copies of the will to your grandfather's heirs. So you could call the court in the county/city he lived in, or you can request a copy from the executor.

euphronius
Feb 18, 2009

entris posted:

Has an executor for his estate been appointed? If so, your grandfather's will has probably been submitted to a court somewhere, and the executor is almost certainly required to provide copies of the will to your grandfather's heirs. So you could call the court in the county/city he lived in, or you can request a copy from the executor.

Yes. This is exactly what I was going to say.

il brutto
Jul 25, 2007
In Washington State, what are the consequences of arriving late to jury duty? A friend of mine arrived during the orientation session, but was not allowed to check-in and was sent home because they had already rescheduled once. The only instructions given were to write an "appeal" to the judge and an address. What exactly are they appealing?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

il brutto posted:

In Washington State, what are the consequences of arriving late to jury duty? A friend of mine arrived during the orientation session, but was not allowed to check-in and was sent home because they had already rescheduled once. The only instructions given were to write an "appeal" to the judge and an address. What exactly are they appealing?

Your friend should call the number on his/her jury summons and get some more guidance - if he/she can rereschedule, and what is involved in the 'appeal.'

In this case, I expect "appeal" is used in its meaning of "a request to a person in authority for aid or mercy." As in, "Dear Judge, I'm sorry I didn't come for jury duty a second time, but somebody stole my alarm clock, telephone, car, cash and credit cards which is why I couldn't get up in time, get to court or even call to say I'd be late, please don't charge me with the misdemeanor offense of intentionally missing jury duty, I promise promise promise that I'll show up next time.

At least around here, (not WA) the only time people get arrested for blowing off jury duty is if they've already been put on a jury and they don't show up. Even then, they're usually not charged, they're just scared by the sheriff, lectured by the judge and embarrassed in front of their fellow jurors who had to sit all morning doing more of nothing while waiting for the special snowflake.

PoOKiE!
Jan 20, 2004

I can has 64 bites now?
So it looks like the statute of limitation for filing a civil suit for an illegal arrest is going to take effect before my criminal trial is done with thanks to all the delays and continuances. Now I normally wouldn't be too worried, but it turns out a couple lawyers I talked to about possibly handling the lawsuit a few months ago are either unavailable or think it's too fine of a line for them to be interested in.

So my general question is: What sort of options does a person have if they don't have pro-bono services in their county for criminal related charges and they can't secure a lawyer before their deadline for filing suit?

This is in Illinois and I have recently learned that we have a state civil rights act that allows for a court appointed attorney in civil cases involving civil rights violations. I'm trying to learn the specifics of that and what I'd have to do in order to use that option in case I can't find some help, so if you happen to know how it has been used in Illinois or have an example motion/case where someone has used it to be appointed a lawyer, it would be extremely helpful to my research!

hypocrite lecteur
Aug 21, 2008

by Y Kant Ozma Post
document your attempts to bring the suit. if you genuinely don't have the means to bring it that may stop the clock on your limitation period

I'm not from illinois and have no idea though so don't sit back and wait, if you're going to get hooked up with legal aid or whatever do it yesterday, if the limitation period does expire you're hosed even if your claim is meritorious

PoOKiE!
Jan 20, 2004

I can has 64 bites now?

hypocrite lecteur posted:

document your attempts to bring the suit. if you genuinely don't have the means to bring it that may stop the clock on your limitation period

I'm not from illinois and have no idea though so don't sit back and wait, if you're going to get hooked up with legal aid or whatever do it yesterday, if the limitation period does expire you're hosed even if your claim is meritorious

Yeah thanks, I'll make sure to do that and will at least attempt to file a request under the civil rights act with the court in case I can't figure something out by Tuesday next week. I've got many phone calls to make tomorrow even though I feel like I'm just spinning my wheels.

Macaronic
Dec 31, 2010
I've posted in this thread before about the custody fight going on between my ex and myself before - since then, we have more or less settled on an informal visitation schedule, but are still 'figuring out' child support. We were on semi-friendly terms, with me letting him take our son out to see his parents or to activities some weekday evenings (he has our son from 10-3 weekdays, but both of his parents are teachers so they wouldn't get to see him otherwise) and so long as legal stuff didn't get brought up we could spend one or two hours together with our son. I thought everything was going well, until last night.

My ex came over to take Elijah to gymnastics, and ended up staying for about an hour and a half afterwards while I did dishes. I was bathing our son when he started speaking about custody - he was starting to get riled up when I asked him to leave. He then proceeded to follow me around the house, blocked me in rooms and screamed at me for twenty minutes while I asked him to leave. I threatened to call the police, but he knew my phone was in the living room, and continued to guard me in my bedroom. For this entire time, our son was in the bath tub unsupervised (he is two), and I finally got myself into the bathroom with him and tried to close to door behind me, which my ex kicked open, spraining one of my fingers in the process.

In the bathroom, he continued screaming, and even yelled at our son to 'be quiet' because he was starting to whine and cry. I told him to leave one last time, and he finally relented, but not before punching the wall about six inches in front of my face, leaving a huge dent in the drywall.

TL;DR/Ex who I share joint custody of our son with loses his temper, threatens me and screams at our son, and punches the wall.

So my question is... where can I go from here? I plan on getting our locks changed (he has a spare key), and cutting off all contact between the two of us. Would I be in the wrong to try and get emergency sole custody of our son? He's been having these outbursts more and more frequently lately, and I suspect it has to do with drug use, but have no proof of it. I've taken pictures of the wall and am going to get my hand checked out by a doctor (two of my fingers are swelled to double their normal size).

I'm sorry for making this so E/N, I'm not comfortable with speaking to my family or friends about this - a lot of our friends are mutual, and I don't want them thinking less of him for how he acts when he's upset.

Thanks for your advice, goons.

A Fistful of Dicks
Jan 8, 2011
I feel like I should've been able to find an answer to this, but I'm stumped:

My brother is deploying to Afghanistan for a year soon and he's also in the process of divorcing his wife, which won't be finalized until after he gets back (our state requires a year's separation before you can file for dissolution, and a deployment provides a good opportunity for separation). As part of his military deployment requirements, he has to provide a power of attorney to...someone...to handle his affairs while he's away. Now, he and and soon-to-be ex currently have joint bank accounts and a couple of bills/mortgage/childcare costs, etc. in both of their names. Ideally, I'm trying to help him create a power of attorney that would allow her to pay bills on his behalf, but limit her acccess to specific bank accounts lest she clean him out while he's gone.

I'm certain there's a way to do this via a limited power of attorney, but I can't find a good template or example to follow to help him draft it. I'm also worried that anything short of a durable PoA with a broad scope wouldn't be accepted by banks and other institutions.

Otherwise, our mother-in-law is an accountant, so I suggested making her the agent. That could work, but our mother-in-law lives on the other side of the country from my brother's wife and kids, so if something were to arise where she immediately needed to do something, it'd be problematic. Wat do?

Macaronic posted:

So my question is... where can I go from here? I plan on getting our locks changed (he has a spare key), and cutting off all contact between the two of us. Would I be in the wrong to try and get emergency sole custody of our son? He's been having these outbursts more and more frequently lately, and I suspect it has to do with drug use, but have no proof of it. I've taken pictures of the wall and am going to get my hand checked out by a doctor (two of my fingers are swelled to double their normal size).

You absolutely should pursue emergency custody and do so ASAP. The longer you wait, the harder it'll be to do, and the more dangerous things can become for you since he'll have a justifiable reason to be around you and your kid (joint custody and all). Not sure what state you're in and how they work it; some states will do temporary emergency custody orders that lapse after a period of time, others are more 'permanent', requiring some actions on the other parent's part before the court will regrant custodial priveleges. The blocking behavior + yelling is abusive as poo poo, and if he's doing because he's on drugs, it's all but guaranteed to get worse.

Don't wait, don't hesistate. Go file now!

A Fistful of Dicks fucked around with this message at 18:51 on Sep 23, 2011

euphronius
Feb 18, 2009

Macaronic posted:



Thanks for your advice, goons.

You should get a lawyer. Hah, the answer for every question. But no, really.

You should also be able to contact a women's resource or legal center in your area. I don't know where you are or what laws your state has but many states will have specific ways they may help you (for free many times).


A Fistful of Dicks posted:



I'm certain there's a way to do this via a limited power of attorney, but I can't find a good template or example to follow to help him draft it. I'm also worried that anything short of a durable PoA with a broad scope wouldn't be accepted by banks and other institutions.


Stop trying to practice law and tell him to hire a lawyer to draft a POA.

euphronius fucked around with this message at 19:02 on Sep 23, 2011

Queen Elizatits
May 3, 2005

Haven't you heard?
MARATHONS ARE HARD

Macaronic posted:

I've posted in this thread before about the custody fight going on between my ex and myself before - since then, we have more or less settled on an informal visitation schedule, but are still 'figuring out' child support. We were on semi-friendly terms, with me letting him take our son out to see his parents or to activities some weekday evenings (he has our son from 10-3 weekdays, but both of his parents are teachers so they wouldn't get to see him otherwise) and so long as legal stuff didn't get brought up we could spend one or two hours together with our son. I thought everything was going well, until last night.

My ex came over to take Elijah to gymnastics, and ended up staying for about an hour and a half afterwards while I did dishes. I was bathing our son when he started speaking about custody - he was starting to get riled up when I asked him to leave. He then proceeded to follow me around the house, blocked me in rooms and screamed at me for twenty minutes while I asked him to leave. I threatened to call the police, but he knew my phone was in the living room, and continued to guard me in my bedroom. For this entire time, our son was in the bath tub unsupervised (he is two), and I finally got myself into the bathroom with him and tried to close to door behind me, which my ex kicked open, spraining one of my fingers in the process.

In the bathroom, he continued screaming, and even yelled at our son to 'be quiet' because he was starting to whine and cry. I told him to leave one last time, and he finally relented, but not before punching the wall about six inches in front of my face, leaving a huge dent in the drywall.

TL;DR/Ex who I share joint custody of our son with loses his temper, threatens me and screams at our son, and punches the wall.

So my question is... where can I go from here? I plan on getting our locks changed (he has a spare key), and cutting off all contact between the two of us. Would I be in the wrong to try and get emergency sole custody of our son? He's been having these outbursts more and more frequently lately, and I suspect it has to do with drug use, but have no proof of it. I've taken pictures of the wall and am going to get my hand checked out by a doctor (two of my fingers are swelled to double their normal size).

I'm sorry for making this so E/N, I'm not comfortable with speaking to my family or friends about this - a lot of our friends are mutual, and I don't want them thinking less of him for how he acts when he's upset.

Thanks for your advice, goons.

I hope you called the police so there is a police report.

A Fistful of Dicks
Jan 8, 2011

euphronius posted:

You should get a lawyer. Hah, the answer for every question. But no, really.

You should also be able to contact a women's resource or legal center in your area. I don't know where you are or what laws your state has but many states will have specific ways they may help you (for free many times).


Stop trying to practice law and tell him to hire a lawyer to draft a POA.

It'll be reviewed by his command JAG officers anyway, I'm just trying to save him some time and take advantage of the opportunity to learn a bit more about estate law myself since it's been a while since I last took those classes.

edit: turns out designating a co-agent and adding reporting requirements to the PoA is the way to go, at least from what trusty Westlaw told me. We'll see what the JAG office thinks come Monday.

entris
Oct 22, 2008

by Y Kant Ozma Post

A Fistful of Dicks posted:

I feel like I should've been able to find an answer to this, but I'm stumped:

My brother is deploying to Afghanistan for a year soon and he's also in the process of divorcing his wife, which won't be finalized until after he gets back (our state requires a year's separation before you can file for dissolution, and a deployment provides a good opportunity for separation). As part of his military deployment requirements, he has to provide a power of attorney to...someone...to handle his affairs while he's away. Now, he and and soon-to-be ex currently have joint bank accounts and a couple of bills/mortgage/childcare costs, etc. in both of their names. Ideally, I'm trying to help him create a power of attorney that would allow her to pay bills on his behalf, but limit her acccess to specific bank accounts lest she clean him out while he's gone.

I'm certain there's a way to do this via a limited power of attorney, but I can't find a good template or example to follow to help him draft it. I'm also worried that anything short of a durable PoA with a broad scope wouldn't be accepted by banks and other institutions.

Otherwise, our mother-in-law is an accountant, so I suggested making her the agent. That could work, but our mother-in-law lives on the other side of the country from my brother's wife and kids, so if something were to arise where she immediately needed to do something, it'd be problematic. Wat do?




If he is planning to divorce his wife, then she should not be his agent. That's incredibly stupid. By "our mother-in-law", do you mean the mother of the soon-to-be-ex-wife? Because she would also be a stupid choice as an agent.

Do not attempt to draft a power of attorney that gives access to his soon-to-be-ex-wife while at the same time tries to restrict her access for certain purposes or whatever. I work in estate planning, and I would never do this for someone. It is a bad idea, because either A) this limited power of attorney won't be accepted by a bank, because the bank will look at the language and get confused about whether it should permit her to access the account or b) it will be accepted but the restrictions won't serve any protective purpose.

Here's one option, if he absolutely must use his soon-to-be-ex-wife (which is stupid!): most banks have their own power of attorney forms that they let people use. If he really wants his wife to have access to only one account, go to that bank and ask for their power of attorney form, and only fill that form out for that one account.

He should pick someone else as his agent - problem solved. And a lawyer should draft the POA, not you (unless you are a lawyer).

(If you are a lawyer, and you draft a POA where his soon-to-be-ex-wife is the agent, then you are playing way too close to the line for me. That seems like a really easy way to get a bar complaint for failing to properly advise your client.)

Nero
Oct 15, 2003
Move along.

Nero fucked around with this message at 05:36 on Dec 20, 2013

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A Friendly Fellow
Apr 15, 2005
Hello World!
I have a legal question relating to the company I work for. We are based in Alberta, Canada and do work for mostly US clients. We are a very small company that offers general IT services to our clients. One of these services is building and hosting our clients websites. Basically, we have managed hosting on a dedicated machine from peer1. On this machine we host the websites so I guess it is like we are "sub leasing" out our managed host. My hunch is that information will become relevant.

Here is the issue. Recently, one of our clients said something along the lines of: "We would like you to build us a website that looks exactly like this other website." We will from this point forward call the client who asked us to build the website, ClientA, and the "other website" PartyX.

I have morals so I know this is wrong. My question is, who is directly responsible in this case and what are the implications of this?

From what I understand it could (and will) play out in the following manner: PartyX WILL contact Peer1 and Peer1 could/will cancel our managed hosting service for voilating their Acceptable Use Policy. We are indeed violating this in many ways from what I have read.

Aside from that, what else could the company I work for be responsible for? We, not I, did the development and design work on the website so it was us that did the stealing. That being said, I know that ClientA owns the result of any service we provide... except not really in this case. I feel like there could be some major implications here and I want to know if I need to speak up and tell my boss to change the way he does business. I do not want to be part of a company that blatently steals other peoples hard work for profit so if he does not change, I will be quiting.

Thanks in advance for any advice or clarification.

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