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General Panic
Jan 28, 2012
AN ERORIST AGENT

Venetir posted:

Hey everyone! I have a question about presenting evidence in small claims court. I'm suing my ex-landlord over a whole slew of things. A great deal of evidence supporting my case is in the form of e-mails between the landlord and myself. I'm suing over a number of things we discussed, and due to the incoherent nature of my landlord, conversations about various things appear in replies to several different e-mails. For example, he was to replace some electronics damaged due to his negligence and he responds to this first in the e-mail about those electronics and again in another e-mail about sewage backing up into my apartment. Anyone reading the e-mails would have to read both for it to make any sense and we have a TON of e-mail. How should I present all of this so the judge's head doesn't explode? Should I compile the pertinent parts of each e-mail conversation into a document related to each separate point over which I'm suing him? If I do, should I provide another copy of the e-mails in their original, somewhat incoherent format?

I also received some text messages from the landlord I'd like to use as evidence. I have them backed up to my g-mail account. How exactly should that be presented?

Lastly, the paperwork we have here in good ole Idaho doesn't really provide a way to give a detailed description of the nature of our grievance. I know that's the point of the court hearing; however, should I also write up a short summary of what I'm suing for, what makes me feel justified in doing so, and references as to which parts of the evidence back up each point?

Thanks in advance! I had to ask some questions awhile back and your advice was invaluable.

Not your lawyer, not an American lawyer, but I would make 3 points:-

1. Courts generally have written rules of procedure covering such issues as how evidence should be presented, and I would hazard a guess that would extend even to small claims courts which are designed to be less formal. As you don't have your own attorney, you'll need to find out what those rules are, either by asking court staff for some guidance/information or seeing if you can track down the relevant rules online or in a library.

2. Leaving aside the specific requirements of this court, a good practical way of presenting documentary evidence is to have a folder with the e-mails and any other documents you want to refer to in, printed out and with page numbers, and perhaps separated by dividers too. In English courts we refer to the court bundle, and a file of that kind usually what it boils down to. This allows you to refer to "the e-mail dated 2 June 2013 at p.3 of divider A in the bundle" in the documentation in which you set out the details of your claim, at least if it allows for that much detail, or in front of the judge when you present your case to him. BUT whether this format is advisable here depends on whether this court's procedural rules allow for it.

3. It's really impossible to tell you exactly how to complete the forms without seeing what they're like. Again, court staff may be able to give some guidance and presumably there are guidance notes on the forms themselves.

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the milk machine
Jul 23, 2002

lick my keys

Windfall posted:

All right folks, my timeline for researching law on my fraudster landlord situation just became a lot more rushed. Rent was due 10 days ago and yesterday my landlord delivered me a "3 day notice to pay rent or quit". Obviously, I don't want an eviction proceeding marring my credit history and making it impossible to get new apartments.

Now time is short and I gotta think fast.

I've always paid rent up to this point, so here's what's stopping me now: Thus far I've paid rent to the original owner of the house / illegal slum hotel / whatever it technically is. Since he's quietly foreclosed and sold the house from under us, this is the first payment that would go to the "new owner". The old owner and new owner are obviously the same party and have an arrangement that is very suspicious, and it's clear the money is still going to end up in the same hands regardless of whose name is on the check, with one difference: The new owner is not the one that all of us tenants are about to sue. Any money I pay to him is, I presume, gone forever, without the same chance of recovery.

So, help me decide, because I only have one day: Do I pay the new owner $800 plus $60 late fee to ensure my credit stays safe, or not? Is their threat credible even in light of:

  • I have signed no contract with the new owner (other than whatever automatic transfer of terms of old leases happens during sales)

  • I have received no letters or official documents from the new owner about the ownership transfer; just notices to quit.

  • The rental arrangement was illegal to begin with (being technically a hotel on a single-family zoned property, complete with missing building permits and unregistered additions), and again, I've received a flyer from the city claiming 100% rent reimbursement from him is possible

  • The old owner wants to deliver the check himself, since he has been protecting all of the new owner's contact information (I have his address anyway, because it was on a security deposit check someone got back)

  • Also never received / posted: City notice of trustee sale, statement of tenants rights (supposed to accompany the notice of sale)

  • He's been renting it out to us under false pretenses, forgoing to tell us about the impending foreclosure (he let us keep renewing month to month leases under the guise that it wasn't about to foreclose / sell, which he lied about whenever asked)

  • Numerous habitability and safety issues the place has always had, like black mold. Although at this point, sending a certified demand letter would be almost silly since the house is sold and he wouldn't have time to repair them by the time we were ordered to move out, plus a letter wouldn't get to him by the end of my 3-day-notice.
So can these guys really damage my credit by successfully starting eviction, or would they not get far enough before the illegality of it all backfired on them? Are they bluffing or do I need to pay $860 by tomorrow that I'll likely never see again?

Help!

Your question is very specific, we don't know what your lease says, and it's difficult to give you any advice without skirting into "legal advice" territory. You need a lawyer yesterday.

The best I can say right now is that you need to decide whether you want to be right, waste huge amounts of your time, and also very possibly be locked out of your house (however wrongfully), or do you want to have a place to live and access to your things while you hunt for a new place? It can take a long time to resolve a lawsuit, even if you're 100% in the right, and you may be better off cutting your losses, moving, and screwing the guy over later by reporting everything to the relevant authorities.

euphronius
Feb 18, 2009

Usually when your question involves multiple paragraphs and bullet points, you need a lawyer.

Venetir
May 19, 2009

Thanatosian posted:

Out of curiousity, when you say "a TON of email," do you mean, like, fifty, or, like, five hundred?

It's 23 separate subject lines with 10-15 responses apiece, so I'm sitting on a little over 300 e-mails to organize on top of all the other physical paperwork.

General Panic posted:

3. It's really impossible to tell you exactly how to complete the forms without seeing what they're like. Again, court staff may be able to give some guidance and presumably there are guidance notes on the forms themselves.

Our guidance notes direct us to seek detailed help from a privately run non-profit business in our state, who says they can't provide any help and promptly refers you back to the courts. I think I'll have to hope for the best from the court staff. My state isn't exactly known for being organized or well run.

Thank you both for the advice, and good luck with your landlord situation, Thanatosian!

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Venetir posted:

It's 23 separate subject lines with 10-15 responses apiece, so I'm sitting on a little over 300 e-mails to organize on top of all the other physical paperwork.
Hmmmm... In that case, it might be easiest to tab each separate subject line as a separate section. Try to skip any you don't think are applicable, try not to print quoted text so you don't have the same paragraph in twenty different emails. For reference, I would use the tab and page number. So, say you have a subject line "Electronics," and you put that conversation behind tab "A," and another subject line "Plumbing" and you put that behind tab "B." If you're talking about a stereo in both, you can quote the relevant passages, and refer to them as "B-15" (page 15 of section B) or "A-6" or whatever. If you can get them all converted to PDF, you can use something like the Merge and Footer tools in PDFill Free in order to get them sectioned off and add page numbers. That's gonna be a pain in the rear end, though.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Venetir posted:

Hey everyone! I have a question about presenting evidence in small claims court. I'm suing my ex-landlord over a whole slew of things.

Organize each item into individual "Exhibits". Make at least two copies of each. Go to office depot and buy a set of "Exhibit Stickers" that you can apply to each item as you hand them to the court.

Organize them in your binder or whatever however works best for your presentation.

When you want to show one to the court, you say the following:

1) "Here is (an email/text message/lease) that says (what it says). "I would like to offer this as Exhibit ____"
a) If no objections, hand it to the Judge and give a copy to the defendant.
b) If defendant says "I've never seen that before, its a fake!", then proceed to 2)
2) "I recognize this and I have personal knowledge of its contents."
3) "I recognize this as a true and correct copy of the original."
4) "I would like to offer this as Exhibit ____"


Venetir posted:

How should I present all of this so the judge's head doesn't explode?

one by one, and in whatever format that shows the sender, recipient, text of the message, and date/time stamp. same thing for any reply emails you may have sent. If you need to edit, cut, paste, or manipulate the document to make it easier for the judge to read and understand, then feel free so long as the contents of the communications remain unaltered. If there is an issue as to the form of the communication, the onus is on the defendant to object to it. JP courts have wide discretion, generally, and if you garner favor with the judge, you should get the court to accept all the evidence you need.


Venetir posted:

I also received some text messages from the landlord I'd like to use as evidence. I have them backed up to my g-mail account. How exactly should that be presented?

Print them out, individually, however you can so that they show the sender, recipient, text of the message, and date/time stamp.

Venetir posted:

should I also write up a short summary of what I'm suing for, what makes me feel justified in doing so, and references as to which parts of the evidence back up each point?

Yes. This will not be an exhibit, but it will make for a good outline to help you as you organize your thoughts and words. Use it like a script.


As a final piece of advice, try to weed out anything that is totally irrelevant or unnecessary. If you start wasting a judge's time with "and heres an email where he called me a butt-head", you're going to try the court's patience. Remember that you are in a room full of humans, with human emotions and human attention spans.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Venetir posted:

It's 23 separate subject lines with 10-15 responses apiece, so I'm sitting on a little over 300 e-mails to organize on top of all the other physical paperwork.

P.S. there is no way you need 300 emails to prove your case. I honestly can't give you any advice on how to trim the fat, because you don't want to leave out the one email you need, but if you try to present that many emails to a freaking JP judge you're in trouble. I don't know what to tell you. Ask an attorney in your jurisdiction.

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

blarzgh posted:

Organize each item into individual "Exhibits". Make at least two copies of each. Go to office depot and buy a set of "Exhibit Stickers" that you can apply to each item as you hand them to the court.

Organize them in your binder or whatever however works best for your presentation.

When you want to show one to the court, you say the following:

1) "Here is (an email/text message/lease) that says (what it says). "I would like to offer this as Exhibit ____"
a) If no objections, hand it to the Judge and give a copy to the defendant.
b) If defendant says "I've never seen that before, its a fake!", then proceed to 2)
2) "I recognize this and I have personal knowledge of its contents."
3) "I recognize this as a true and correct copy of the original."
4) "I would like to offer this as Exhibit ____"


one by one, and in whatever format that shows the sender, recipient, text of the message, and date/time stamp. same thing for any reply emails you may have sent. If you need to edit, cut, paste, or manipulate the document to make it easier for the judge to read and understand, then feel free so long as the contents of the communications remain unaltered. If there is an issue as to the form of the communication, the onus is on the defendant to object to it. JP courts have wide discretion, generally, and if you garner favor with the judge, you should get the court to accept all the evidence you need.

As a final piece of advice, try to weed out anything that is totally irrelevant or unnecessary. If you start wasting a judge's time with "and heres an email where he called me a butt-head", you're going to try the court's patience. Remember that you are in a room full of humans, with human emotions and human attention spans.
At least in the small claims courts worked in in California (and according to the guide for the local ones here in Seattle) there's no formal exhibit-marking process. Check your local rules, but it's mostly just "I think he owes me $X for a stereo. Here's a receipt, and the relevant excerpts of the email conversations we had that explain why." If there's no information on the website for the local small claims court, ask the small claims clerk (or other relevant court employee) what the process is, exactly.

blarzgh posted:

P.S. there is no way you need 300 emails to prove your case. I honestly can't give you any advice on how to trim the fat, because you don't want to leave out the one email you need, but if you try to present that many emails to a freaking JP judge you're in trouble. I don't know what to tell you. Ask an attorney in your jurisdiction.
I would excerpt them (i.e. copypasta the relevant portions into another document) but have the actual email ready in case the opposition tries to claim "I never said that!" or something similar. This is why having them sorted into binders will help; it's so you can pull out the exact email you need in a timely fashion. But yeah, if you can cut down on the amount of paper you're carrying in with you by eliminating the extraneous stuff, that's for the best.

Arcturas
Mar 30, 2011

Yeah, I think his best bet is to prepare three binders with all the e-mail chains in them, one chain per tab. (Three so you have one, the judge has one, and you can give one to the other side). Then pull out all the relevant excerpts for your claims, organize those by subject, and print those e-mails/arrange them in order so that you can see the To/From/Date on them, and have three copies of those with you.

When talking to the judge, just explain how/why you did things. Say, your honor, we had these e-mails, communication was chaotic, but I've got reproductions of the whole list of the conversations here, along with copies of what I feel are the relevant excerpts.

Venetir
May 19, 2009

Arcturas posted:

Yeah, I think his best bet is to prepare three binders with all the e-mail chains in them, one chain per tab. (Three so you have one, the judge has one, and you can give one to the other side). Then pull out all the relevant excerpts for your claims, organize those by subject, and print those e-mails/arrange them in order so that you can see the To/From/Date on them, and have three copies of those with you.

When talking to the judge, just explain how/why you did things. Say, your honor, we had these e-mails, communication was chaotic, but I've got reproductions of the whole list of the conversations here, along with copies of what I feel are the relevant excerpts.

Got it! It sounds like I should compile each e-mail into a pdf file and print it out with page numbers and numbers for each of the replies, so I can say, for example, "see Exhibit C, Page 4, E-mail 9" or the like. Then we'll make excerpts showing the most relevant e-mails (so the judge doesn't want to kill me), and for each excerpted e-mail reference back to its exhibit, page, and e-mail number.

I'm definitely not including any extra e-mails where he was just being verbally abusive; however, I do have one that I'm trying to figure out if I should include or not involving his character. Our attorney general's office has a dispute resolution process where they'll act as mediator. In his response to my complaint, my ex-landlord just straight-out lied multiple times, contradicting documented facts and even his own earlier e-mails. Because of his dishonesty, the AG's office said they can't mediate and I'd have to just sue him. Should I include that in an attempt to show that he is lacking in character or am I just going to look petty?

Arcturas
Mar 30, 2011

Venetir posted:

I'm definitely not including any extra e-mails where he was just being verbally abusive; however, I do have one that I'm trying to figure out if I should include or not involving his character. Our attorney general's office has a dispute resolution process where they'll act as mediator. In his response to my complaint, my ex-landlord just straight-out lied multiple times, contradicting documented facts and even his own earlier e-mails. Because of his dishonesty, the AG's office said they can't mediate and I'd have to just sue him. Should I include that in an attempt to show that he is lacking in character or am I just going to look petty?

As far as this goes, I'd recommend:

First, include all of that in the "giant pile of evidence" binders. Just don't specifically refer to it unless it comes up. That way if he brings something up you've got it printed and there for use if necessary.

Second, as far as mediation, I'd mention to the judge that you attempted to go through the AG's mediation process but that you were unsuccessful. Don't go beyond that, but have the documents there in case they ask.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Venetir posted:

Got it! It sounds like I should compile each e-mail into a pdf file and print it out with page numbers and numbers for each of the replies, so I can say, for example, "see Exhibit C, Page 4, E-mail 9" or the like. Then we'll make excerpts showing the most relevant e-mails (so the judge doesn't want to kill me), and for each excerpted e-mail reference back to its exhibit, page, and e-mail number.

I'm definitely not including any extra e-mails where he was just being verbally abusive; however, I do have one that I'm trying to figure out if I should include or not involving his character. Our attorney general's office has a dispute resolution process where they'll act as mediator. In his response to my complaint, my ex-landlord just straight-out lied multiple times, contradicting documented facts and even his own earlier e-mails. Because of his dishonesty, the AG's office said they can't mediate and I'd have to just sue him. Should I include that in an attempt to show that he is lacking in character or am I just going to look petty?

What about this:

1 binder with the 7 - 10 emails that you feel prove the essential prts of your case, and the other documents.

2 - X binders with the rest of your emails, with just a red sticky/tab on each important email so that if it comes up you can run to it real quick.

I'm telling you, if you bog down in 300 emails, the judge is going to get tired of you.

Computer Serf
May 14, 2005
Buglord
~edited~

Computer Serf fucked around with this message at 07:34 on Jun 19, 2013

Large Hardon Collider
Nov 28, 2005


PARADOL EX FAN CLUB

Dogen posted:

Large Hardon Collider posted:

From the goon cave thread:

Apparently my lease required 60 days notice that we weren't going to renew. The landlord is withholding the security deposit on the grounds that we didn't tell her that we wouldn't renew. Is this legal in Massachusetts?

Additional info: I moved out of state and got a subletter without telling the landlord, who found mail addressed to the subletter. My old roommate also left some things in the apartment, including that mail.

I don't know about MA but in TX you are obligated to pay the month-to-month amount for the time after your lease ends if you haven't given notice. Usually they'll settle for less here, sounds like your landlord is willing to settle for what is most likely much less than two months of month-to-month. Read things that you sign in the future.

This advice is not based on your state law, I am not your lawyer etc.
Well, I just got a copy of the lease, with our landlord's signature at the bottom. There's no 60 day notice clause.

What's the best move from here? A nicely worded email, politely informing her of this fact, and asking for the security deposit? Should we ask for the interest that we're legally entitled to?

Or, should we just send her a firm email, quoting the relevant MA law and letting her know that we are willing to take her to court?

I'm in favor of the first option, but my roommate's father supports the second. Is there any reason not to try being nice first?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Large Hardon Collider posted:

Well, I just got a copy of the lease, with our landlord's signature at the bottom. There's no 60 day notice clause.

I'll bet you a donut there is a "no-subletting" clause in it, and the landlord is going to claim thats a breach. The lease probably sets out your entitlement to refund of the security deposit in the event of a breach. MA should have landlord/tenant statutes dealing with return of securtiy deposit, and more importantly, the statutory minimum for notice to move out. You had really better get your ducks in a row before you start sending demand letters, whether nice or lovely.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Panda Time posted:

I'm also curious as to what laws there may be regarding a situation where a manager has taken employee #1's product and discounted it (in order to sell a warranty to the same customer, although giving commission to employee #2) without the consent of employee #1 - consequently resulting in the removal of employee #1's commission payments due to an automated company policy.

Most places, its straight "Whats in your contract?" California is pretty goofy, though, but I don't see anything on the regulation of commission payments. There aren't many protections for commissioned employees in general.

Unless a California goon can navigate the Golden State's lovely legislative codes page better than I can...

how much money is this dispute over?

Large Hardon Collider
Nov 28, 2005


PARADOL EX FAN CLUB

blarzgh posted:

I'll bet you a donut there is a "no-subletting" clause in it, and the landlord is going to claim thats a breach. The lease probably sets out your entitlement to refund of the security deposit in the event of a breach. MA should have landlord/tenant statutes dealing with return of securtiy deposit, and more importantly, the statutory minimum for notice to move out. You had really better get your ducks in a row before you start sending demand letters, whether nice or lovely.
You're right, there is. There's no information in the lease as to what actually happens after a violation. I'm having trouble googling for it. However, I think we're covered by the following:

MA law posted:

No deduction may be made from the security deposit for any purpose other than those set forth in this section.
Where "this section" is exclusively about damages. So I think the only thing the landlord can do is evict us for the sublet, and we're already moved out. But IANAL, so if someone thinks otherwise please let me know.

So, is the right order Nice letter -> Nasty letter -> Lawyer, or should the lawyer come earlier?

ExplodingSims
Aug 17, 2010

RAGDOLL
FLIPPIN IN A MOVIE
HOT DAMN
THINK I MADE A POOPIE


So I have a bit of a question in regards to wage payment and legal footing.

I work for a local small valet company in Florida, and have been there for about eight months now. For the most part, I'd work at one site, and get paid the next day, in cash, and all was well and good. But recently (2-3 months ago) I was given my own site that I run by myself, and I don't get paid at all by the company. I get to keep whatever tips I earn, but I have no hourly or shift pay. There's actually several sites in the company that are run like this, and sometimes the owner will pay a little if it's slow, but for the most part everyone's on their own. Sometimes the amount earned can be way above the minimum wage, and other times it can be lower.

The other thing I'm concerned about is there's no way to prove that I or anyone worked for the company, or that anyone did or didn't get paid. I signed no contracts, no tax forms, or anything. Just had to send in a copy of my driver's license and SS card, for "insurance purposes" (Which may or may not be real) But at this particular site I've never got a check, never logged hours, or anything really. I do have a bunch of texts sent between me and the owner, telling how much I made and how many cars I parked, but that's it.

So TL;DR, I earn only tips, is this legal?

Computer Serf
May 14, 2005
Buglord

blarzgh posted:

Most places, its straight "Whats in your contract?" California is pretty goofy, though, but I don't see anything on the regulation of commission payments. There aren't many protections for commissioned employees in general.

Unless a California goon can navigate the Golden State's lovely legislative codes page better than I can...

how much money is this dispute over?

$20 on average each time it happens.
It's hard to tell what actually happened when a commission is removed and whether it was due to the manager manually applying a discount in order to sell the warranty or whether it was a legitimate customer return.

Venetir
May 19, 2009

blarzgh posted:

What about this:

1 binder with the 7 - 10 emails that you feel prove the essential prts of your case, and the other documents.

2 - X binders with the rest of your emails, with just a red sticky/tab on each important email so that if it comes up you can run to it real quick.

I'm telling you, if you bog down in 300 emails, the judge is going to get tired of you.
Yep! That's what I intended to say I was going to do, per your advice, I just don't think I explained it very well.

Arcturas posted:

Second, as far as mediation, I'd mention to the judge that you attempted to go through the AG's mediation process but that you were unsuccessful. Don't go beyond that, but have the documents there in case they ask.
Can do. Thanks again for all the advice, everyone. Now I just have to slog through tons of e-mail but, given I feel pretty good about winning, it should be worth it.

Genewiz
Nov 21, 2005
oh darling...
My parents are moving out of the country to enjoy a more affordable retirement and would like me to take over their current home. Since I currently live in it and fore see doing so for the next 15 years, I fully support this idea. Living in this Californian city is extremely expensive and having no rent to pay is a huge advantage. Currently, as we understand it, we have 2 options:

Option 1: Gift. We are aware that my parents are allowed to gift $26k to me a year and the rest of the property value will be taxed. How much, I'm not sure. My mum is throwing out 35% but I cannot find that number in my searches.
Option 2: Sell to me. Apparently this has to be made at market price or "it'll look suspicious to the IRS." Their current strategy for this option is to become my private mortgage providers and I'll make "mortgage" payments to them. Of course, I cannot afford a standard mortgage but they plan to forgive late payments. I have no idea how this will affect my credit score and how is this not suspicious to the IRS.

My Dad and I are trying to find reputable legal advice. In the meantime, how do people usually transfer a property from parent to child without having to pay massive amounts of taxes or resorting to overly complicated schemes?

Kalman
Jan 17, 2010

Genewiz posted:

My parents are moving out of the country to enjoy a more affordable retirement and would like me to take over their current home. Since I currently live in it and fore see doing so for the next 15 years, I fully support this idea. Living in this Californian city is extremely expensive and having no rent to pay is a huge advantage. Currently, as we understand it, we have 2 options:

Option 1: Gift. We are aware that my parents are allowed to gift $26k to me a year and the rest of the property value will be taxed. How much, I'm not sure. My mum is throwing out 35% but I cannot find that number in my searches.
Option 2: Sell to me. Apparently this has to be made at market price or "it'll look suspicious to the IRS." Their current strategy for this option is to become my private mortgage providers and I'll make "mortgage" payments to them. Of course, I cannot afford a standard mortgage but they plan to forgive late payments. I have no idea how this will affect my credit score and how is this not suspicious to the IRS.

My Dad and I are trying to find reputable legal advice. In the meantime, how do people usually transfer a property from parent to child without having to pay massive amounts of taxes or resorting to overly complicated schemes?

A will.

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer
You can talk to a tax lawyer in California, but this is almost certainly your best bet.

From what I understand, property tax in California is basically locked in at the purchase price of the home... until you transfer ownership. Which would mean that you would get hit with a higher property tax once they transferred it to you (there may be a way around this, but I don't know). Additionally, while there is a gift tax limit of $26k a year, the limit in an estate is millions, so unless you're going to be inheriting considerably more than just the house, you won't have to worry about the estate taxes.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
Why don't you just rent it from your parents at a dollar a month?

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

FrozenVent posted:

Why don't you just rent it from your parents at a dollar a month?

It's a gift of market rent minus one dollar for tax purposes.

Large Hardon Collider posted:

So, is the right order Nice letter -> Nasty letter -> Lawyer, or should the lawyer come earlier?

I would generally combine the first two into a polite but firm letter mentioning the relevant provisions. In Texas in particular, you can be entitled to three times your security back if it's withheld in bad faith, bad faith is presumed after certain things have happened (basically landlord keeps money without providing itemized list of deductions). That usually makes them be like "oh! ok."

I don't know what your state's law is regarding any possible statutory notice provisions for residential leases, if your reading of your lease is correct, or what you are entitled to if withheld, so this is pretty general advice.

Dogen fucked around with this message at 14:15 on Jun 12, 2013

euphronius
Feb 18, 2009

Large Hardon Collider posted:

There's no information in the lease as to what actually happens after a violation.

Usually a violation of the lease give the LL the right to evict.

euphronius
Feb 18, 2009


Or a trust.

Also combined gift tax exclusion is now 28K.

bigpolar
Jun 19, 2003

Large Hardon Collider posted:

So, is the right order Nice letter -> Nasty letter -> Lawyer, or should the lawyer come earlier?

IANAL, but I've dealt with landlord disputes in a couple of states now. Getting your security deposit back from scummy landlords is easy once you have been through the process a couple of times.

The first thing I would do is send a polite but firm letter, quoting the relevant state statute and explicitly request the return of your full deposit, within the deadline as provided by the statute, giving a specific date. I would not say anything directly about other remedies, but let it be implied (if the statute includes language about tenant remedies, and it looks good for you, include that with the quote) . Send it either registered mail or return receipt requested.

If he refuses or doesn't respond by the time indicated in the statute, don't bother contacting him again or paying a lawyer for a letter (if you can get it free, go ahead, but don't pay for it), file to take him to court. Either small claims or housing/landlord-tennant court if your jurisdiction has it. Remember to add filing fees and service fees to the complaint if you are allowed.

The landlord doesn't want to end up in court with someone willing to fight. Most problem landlords are used to going to court and having stacks of evictions rubber stamped without having to deal with tenants who have a leg to stand on and are willing to show up on court. They will sometimes go to court out of malice (and blatant greed) but if you show up with documentation that the rental was not damaged on move out (you do have move out pictures with a newspaper to establish a date or something similar, right?) then the judge will usually get mad at them for wasting time.

I haven't had to go to court yet. The worst case was when I was in college, and the landlord called me to try and intimidate me into backing down after sending the dispute letter. He went on and on about how he does this all the time and that I should be glad he wasn't charging me for additional damages over the security deposit, because he could, but he was being nice. I told him I had dated pictures, witnesses, and lots of free time to show up to the courthouse. He hung up on me, but I got the check before the time limit was up.

fordan
Mar 9, 2009

Clue: Zero

Bad Munki posted:

If I wanted to hold a little members-only poker tournament for a club I'm in (as-of-yet unincorporated, so just a gathering of friends) as a benefit for our club (say, house takes some percentage, winner takes the rest), am I okay to do so? Like I said, our group (makerspace) is currently unincorporated, and at this point, I honestly don't know if we're going to end up as non-profit or LLC or what, so I don't know how much that matters.

Granted, we could just keep it on the down-low and mark the house take as an "anonymous donation," but I want to do my best to keep everything above-board and proper. As I understand it, gambling in general can be a bit sticky. Jurisdiction is Erie County in PA.

There are a couple of bar poker tournament companies down here in the Philly suburbs that claim to be legal under PA law, and while I never looked up the appropriate statutes/regulations, a friend who used to deal for one said she had. They are basically set up as charity tournaments, with 10% of donations going to a charity and 90% of donations going into a prize pool. Any donations above $500 go 100% to the charity. Donating is not required to play (although then you aren't eligible for the prize pool). Company is paid by the bar for bringing in patrons, and dealers are paid using tips (which gives you additional chips).

I'll ask my friend is she can point me to where she looked it up and report back if so, although its been a year or two since she stopped dealing.

euphronius
Feb 18, 2009

How is the prize pool paid out / how is it won?

fordan
Mar 9, 2009

Clue: Zero

euphronius posted:

How is the prize pool paid out / how is it won?

70% for first place in the tournament and 30% for second, or any other payout/chop that is negotiated by the donating players remaining in the game. If a non-donator is in the top two, the payment will go to 3rd place.

euphronius
Feb 18, 2009

Here is a PLCB letter which gets into the nitty-gritty of that.

http://www.lcbapps.lcb.state.pa.us/webapp/legal/PublicAdvOpnDisplay.asp?opinion_year=2012&opinion_sequence=191

Not quite what Erie guy was trying to do.

Bad Munki
Nov 4, 2008

We're all mad here.


Well, if we go one route for incorporation, we'll end up under the fiscal sponsorship of a 501c3, which may in the end allow for that sort of thing, but at that point, we'll be able to talk to their legal/financial counsel to make sure everything is on the up and up. In the mean time, we're not incorporated at all, so it's best left alone for now. ;)

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
Hello, all.

I have a thread running in the BFC subsection about a situation I am in. You can find it here: Unpaid invoices! Freelance FTW and breaking working relationships

The rundown:

I recently (Wed June 05) terminated an "internship" with a former client of mine. This client is now a former client because when I quit our "internship," he was upset and decided he wished to no longer make use of the services which I provided and was getting paid for (a photo assistant).

When I terminated the "internship," I received a check from him for an invoice which was due on June 06. I then returned a piece of equipment I was borrowing from him on June 07, when he gave me a check for the expenses I paid for his business out of my own pocket (camera cleaning, rental equipment, lunch, etc.).

On Monday, June 10, he requested a refund from the bank for the checks had written me, which I had deposited on June 07, and which had cleared over the weekend. I now have bank fees for a returned check as well as overdraft fees for this transaction. I intend to charge him for those fees, as well. There are also 4 additional invoices I have with him that are due July 01.

I asked him about this transaction, and if he knew anything about it, to which he responded that he would like to talk at a later date, stating that yesterday June 11 or this morning June 12, would be best so he "could get all his info together."

I find that phrase to be suspicious.

I put the term "internship" in quotations, because, per some responses in my thread, the nature and validity of that internship is in question.

During the internship he was training me on how to edit/retouch wedding photos and I was doing work on projects which still needed to be delivered to his clients. Obviously, given the way things typically work these days, "internship" also means "unpaid." When I quit the "internship," he was upset, because he said that I was bound, by some part agreement we had, to carry out the internship to its full extent. I understood the nature of the internship to be probationary, i.e.,that should I not be performing to his standards, that he could terminate the process. But if it works that way, then it works the other and he cannot indenture me to an indefinite amount of time and effort to do his work for him for free. None of this was written down, which is why there was a conflict upon my termination of the internship.

One of the reasons I quit the "internship" was because the extent of the "internship" was unclear to me -- what the timeline was or how many projects I would complete for him. Another reason I quit the internship was because I was doing his job for him without pay. And lastly, I quit the internship because, frankly, I am not very interested in weddings, wedding photography, and the fact that working with him in this structure was tedious and time-consuming (to the point where I would take time off or work shorter shifts at my regular place of employment). Also, I was not receiving any college credit for this internship since I have been out of school for a number of years.

I feel like he has asked for a refund for the checks from the bank on the basis of him retaliating against me for quitting the internship and wants to get something out of me, which I have yet to discover.

A more complete story of my situation is in that thread, and if anyone has any insight into this or further questions of the matter, please let me know in that thread.

-----------

A few more notes:

I am on my way out the door to my job right now, and will be calling the Department of Labor for clarification on the nature of internships when I get back home this afternoon.

I have contacted a couple friends of mine to poll them for their basic interpretation of the situation (one is in Seattle, one is in Los Angeles) and they both believe his stance to be, for lack of a better term, bullshit.

He left me a voicemail last night telling me that he wants to speak with me over the phone and then work out an agreement in writing, that he "has spoken with his attorney," and that he thinks it would be best if I comply with him, but implied that he would resort to legal measures if need be. I am aware that photographers often posture and flex when they feel threatened (sending strongly-worded e-mails and threatening legal action, but usually in the case of potential copyright violation), and I think that is exactly what he is doing right now (as do my lawyer friends). I, however, am not (though, I have not yet informed him of this, in the hopes of resolving this matter ourselves). If it does come to that point, I will take legal steps to the fullest extent I can. I have enough time to take out of my schedule to do that, and I know his business can't afford it.

Subjunctivitis fucked around with this message at 18:17 on Jun 12, 2013

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Subjunctivitis posted:

Hello, all.

I have a thread running in the BFC subsection about a situation I am in. You can find it here: Unpaid invoices! Freelance FTW and breaking working relationships

The rundown:

I recently (Wed June 05) terminated an "internship" with a former client of mine. This client is now a former client because when I quit our "internship," he was upset and decided he wished to no longer make use of the services which I provided and was getting paid for (a photo assistant).

When I terminated the "internship," I received a check from him for an invoice which was due on June 06. I then returned a piece of equipment I was borrowing from him on June 07, when he gave me a check for the expenses I paid for his business out of my own pocket (camera cleaning, rental equipment, lunch, etc.).

On Monday, June 10, he requested a refund from the bank for the checks had written me, which I had deposited on June 07, and which had cleared over the weekend. I now have bank fees for a returned check as well as overdraft fees for this transaction. I intend to charge him for those fees, as well. There are also 4 additional invoices I have with him that are due July 01.

I asked him about this transaction, and if he knew anything about it, to which he responded that he would like to talk at a later date, stating that yesterday June 11 or this morning June 12, would be best so he "could get all his info together."

I find that phrase to be suspicious.

I put the term "internship" in quotations, because, per some responses in my thread, the nature and validity of that internship is in question.

During the internship he was training me on how to edit/retouch wedding photos and I was doing work on projects which still needed to be delivered to his clients. Obviously, given the way things typically work these days, "internship" also means "unpaid." When I quit the "internship," he was upset, because he said that I was bound, by some part agreement we had, to carry out the internship to its full extent. I understood the nature of the internship to be probationary, i.e.,that should I not be performing to his standards, that he could terminate the process. But if it works that way, then it works the other and he cannot indenture me to an indefinite amount of time and effort to do his work for him for free. None of this was written down, which is why there was a conflict upon my termination of the internship.

One of the reasons I quit the "internship" was because the extent of the "internship" was unclear to me -- what the timeline was or how many projects I would complete for him. Another reason I quit the internship was because I was doing his job for him without pay. And lastly, I quit the internship because, frankly, I am not very interested in weddings, wedding photography, and the fact that working with him in this structure was tedious and time-consuming (to the point where I would take time off or work shorter shifts at my regular place of employment). Also, I was not receiving any college credit for this internship since I have been out of school for a number of years.

I feel like he has asked for a refund for the checks from the bank on the basis of him retaliating against me for quitting the internship and wants to get something out of me, which I have yet to discover.

A more complete story of my situation is in that thread, and if anyone has any insight into this or further questions of the matter, please let me know in that thread.

-----------

A few more notes:

I am on my way out the door to my job right now, and will be calling the Department of Labor for clarification on the nature of internships when I get back home this afternoon.

I have contacted a couple friends of mine to poll them for their basic interpretation of the situation (one is in Seattle, one is in Los Angeles) and they both believe his stance to be, for lack of a better term, bullshit.

He left me a voicemail last night telling me that he wants to speak with me over the phone and then work out an agreement in writing, that he "has spoken with his attorney," and that he thinks it would be best if I comply with him, but implied that he would resort to legal measures if need be. I am aware that photographers often posture and flex when they feel threatened (sending strongly-worded e-mails and threatening legal action, but usually in the case of potential copyright violation), and I think that is exactly what he is doing right now (as do my lawyer friends). I, however, am not (though, I have not yet informed him of this, in the hopes of resolving this matter ourselves). If it does come to that point, I will take legal steps to the fullest extent I can. I have enough time to take out of my schedule to do that, and I know his business can't afford it.
IANAL, but I wouldn't speak with him over the phone. All communication should be via email, so you've got a written record of everything said from here on out. If you've got a way to do it, I would save that voicemail, too.

What city/state are you located in?

Ham Equity fucked around with this message at 19:34 on Jun 12, 2013

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
http://www.nbcnews.com/business/fox-searchlight-should-have-paid-interns-judge-rules-6C10292323

This seems mildly relevant, a judge actually going by the DoJ guidelines...

dos4gw
Nov 12, 2005

Genewiz posted:

My parents are moving out of the country to enjoy a more affordable retirement and would like me to take over their current home. Since I currently live in it and fore see doing so for the next 15 years, I fully support this idea. Living in this Californian city is extremely expensive and having no rent to pay is a huge advantage. Currently, as we understand it, we have 2 options:

Option 1: Gift. We are aware that my parents are allowed to gift $26k to me a year and the rest of the property value will be taxed. How much, I'm not sure. My mum is throwing out 35% but I cannot find that number in my searches.
Option 2: Sell to me. Apparently this has to be made at market price or "it'll look suspicious to the IRS." Their current strategy for this option is to become my private mortgage providers and I'll make "mortgage" payments to them. Of course, I cannot afford a standard mortgage but they plan to forgive late payments. I have no idea how this will affect my credit score and how is this not suspicious to the IRS.

My Dad and I are trying to find reputable legal advice. In the meantime, how do people usually transfer a property from parent to child without having to pay massive amounts of taxes or resorting to overly complicated schemes?

I am not an American lawyer so take this with a large pinch of salt but something to ask if you do see a lawyer would be the idea of making a declaration of trust each year for increasing shares of the equity in the house at slightly below $26k each (say 5% each year if it was worth $500k).

You could spread the transfer out gradually over time and always stay below the tax threshold.

Cocoa Ninja
Mar 3, 2007

Dogen posted:

http://www.nbcnews.com/business/fox-searchlight-should-have-paid-interns-judge-rules-6C10292323

This seems mildly relevant, a judge actually going by the DoJ guidelines...

This may be huge news for the entertainment industry. The 2008 recession made internships an even more popular way to find a job, but hollywood production companies are notorious for taking advantage of recent college grads and stringing them along for no pay.

SlayVus
Jul 10, 2009
Grimey Drawer
Georgia - Surveillance Systems

We finally got our State Beer/Wine license. We do not have any systems in place currently. I plan on installing cameras inside our restaurant to cover tables and registers. What kind of liability/responsibility would be have if we placed cameras in the parking lot? Are there any retention requirements for businesses?

No, the Ask Me thread about surveillance systems did. I figured he wouldn't have that much knowledge about laws pertaining said systems in all the US.

SlayVus fucked around with this message at 23:05 on Jun 12, 2013

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Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

SlayVus posted:

Georgia - Surveillance Systems

We finally got our State Beer/Wine license. We do not have any systems in place currently. I plan on installing cameras inside our restaurant to cover tables and registers. What kind of liability/responsibility would be have if we placed cameras in the parking lot? Are there any retention requirements for businesses?

Did the posting about unpaid internships draw you in here?

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