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Edit: you're probably right, I don't really need to put all that out there.
RaoulDuke12 fucked around with this message at 12:36 on Aug 18, 2014 |
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Aug 18, 2014 08:43
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You've included an awful lot of details about a rather unusual case, you might want to watch your language.
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Aug 18, 2014 12:03
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NO DON'T DELETE YOUR POST IT'S DELETING EVIDENCE
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Aug 18, 2014 14:40
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Okay months ago I posted here about a matter which has now resurfaced. Basically my landlord has been evading a lawsuit for a long time (he lives out of state, and thinks this makes him immune or something) and the plaintiffs started listing me and my roommates as defendants, even though the case has fuckall to do with me. I decided to bear with it, until mid-July, when we received notice of another lawsuit against the landord with us as defendants. My roommate at the time (who was subleasing from me) freaked out and left, and now I'm fed up and want to leave as well. The kicker is that this happened two weeks before my yearlong lease expires, and the lease has one of those clauses saying that it renews itself automatically if I don't give at least a month's notice before it expires. The landlord is trying to convince me to stay, and said I was fine to stay through August (no formal agreement, he's just being "flexible"), but since then nothing has changed, and I want out. But he isn't returning my calls anymore. Should I just bail? Can they retaliate against me for violating a new lease I never signed? Don't landlords have some sort of duty to protect tenants from weird poo poo like this?
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Aug 18, 2014 14:58
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ANIME AKBAR posted:Okay months ago I posted here about a matter which has now resurfaced. Dude, if you've been named as a defendant you need to lawyer up ASAP. Is it an eviction suit?
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Aug 18, 2014 17:38
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Please help goons! I live in Georgia. My car's engine busted a couple months ago. I rolled into the mechanic I've been going to for the past five years, and that's where it died. They said it'd cost more than the car was worth to repair, but if I gave them the title they'd get it junked. I asked them if they'd hold onto it while I looked for a new car and tried to find someone who might want to buy the body. They said okay. It took me a month to finagle my budget, get an auto loan, and track down a car. After that I spent a couple weeks busy with work, and then I was back and forth out of town for a couple weeks to visit my dying grandfather and go to my sister's graduation. I got back today and I have notice in the mail from that my car has been towed as of a couple weeks ago and I was being charged a daily fee for storage. I received zero communication from the mechanic that I've been visiting for five years prior to this. No phone calls, no mail. They certainly have my contact info too. I'd figured the situation was okay because they hadn't contacted me at all. My mistake, but now I need to figure out how to resolve this. This car is a complete junker that is basically worth scrap. It is not driveable on the streets, and I do not have the money to pay for the towing, pay for the impound, and pay to get it towed somewhere else again. With the storage fees I'm close to $500 without adding in the cost of getting it towed somewhere else. I am going to call the mechanic to see wtf happened shortly but I feel like I'm walking through a minefield here and was hoping I could get some advice before I do. Is there an onus on the mechanic to try to contact you before towing? What can I do here? Do I try to find some kind of extortionate loan and suck it up? EDIT: Should mention I just got a second job to start giving myself some financial breathing room and I'm looking for an even cheaper place than the very cheap place that I have now, but this car thing was already stretching me to the limit and this got piled on top. Chomposaur fucked around with this message at 18:10 on Aug 18, 2014 |
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Aug 18, 2014 18:07
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It was pretty unreasonable of you to expect them to keep your car on their lot for what appears to be 2 months without discussing your situation with them at any point after the original problem.
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Aug 18, 2014 18:14
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theflyingorc posted:It was pretty unreasonable of you to expect them to keep your car on their lot for what appears to be 2 months without discussing your situation with them at any point after the original problem. You're right. I'd assumed they'd let me know if it was an issue, but I should have been in front of it. I guess I just gotta scrounge this money together however I can. One last question, is there any regulation around notification and when they can start charging? The letter notifying me that my car was towed is dated 11 days after they towed it. Am I still on the hook for all those days?
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Aug 18, 2014 18:43
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Chomposaur posted:Please help goons! FrozenVent posted:You've included an awful lot of details about a rather unusual case, you might want to watch your language.
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Aug 18, 2014 18:44
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Chomposaur posted:You're right. I'd assumed they'd let me know if it was an issue, but I should have been in front of it. I guess I just gotta scrounge this money together however I can. I ain't no expert on this area, but I'd say give the title to the towing company and say good luck.
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Aug 18, 2014 18:47
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Chomposaur posted:Please help goons! Have you talked to the towing agency? Something very similar happened to me in Georgia a few years ago. The tow company told us that we need to pay some ridiculous amount of money (close to $1000) to pick up the car, or they would auction it to settle the account. We told them that we wanted nothing better than to get rid of the car, and they were welcome to auction it if it settled the account. The guy was really confused (I guess this doesn't happen too often?) but we ended up giving them the title in exchange for the fees being wiped.
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Aug 18, 2014 18:51
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IANAL, but be aware that towing companies are shady as loving poo poo.
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Aug 18, 2014 19:30
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Thanatosian posted:IANAL, but be aware that towing companies are shady as loving poo poo. Yeah no poo poo. If I had a POS like that (I do have a POS like that) I'd offer them the title to clear the fees, and I'd be drat sure to get all of it in writing.
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Aug 18, 2014 20:44
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Thanatosian posted:IANAL, but be aware that towing companies are shady as loving poo poo. I had one tow me for "parking in front of a No Parking sign". Which I was, although the arrow pointed, y'know, away from my car. In the other direction. Wish I hadn't been a stupid kid and had stood up to them over that.  I could have used the $100 at the time.
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Aug 18, 2014 21:20
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nm posted:drat, i hate when this happens. I feel like a missed a great shitshow. Heh, it was amusing but the only memorable part was that he hoped the appeal court would "reverse the bitch judge's decision."
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Aug 18, 2014 23:47
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blarzgh posted:Dude, if you've been named as a defendant you need to lawyer up ASAP. I can't afford an actual lawyer. It turns out my university offers absolutely no legal counseling to students, and I don't seem to qualify for any other assistance ("your university provides that, right??").
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Aug 19, 2014 13:02
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ANIME AKBAR posted:Actually the suit refers to me as "unknown tenant." They did somehow get the name of the roommate, which is why I'm taking this a lot more seriously now. State?: Eviction Suit?: Foreclosure on the House?: Have you been served?: Prayer for Relief says (at the end of the lawsuit above the attorney's signature)?:
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Aug 19, 2014 16:25
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blarzgh posted:State?: Ohio. I don't think they're after foreclosure. In a previous case, judgement was rendered against the landlord but he hasn't paid up at all. I talked to an attorney on the phone who was nice enough to glance at things without charging me, and he basically said "they want you to pay rent to them instead of your landlord." I've gotten summons to court referring to "unknown tenant," don't know if that counts as being served. I actually called the courthouse and asked what I should do, and they said I should lawyer up, which I can't afford. The only thing keeping me safe for now is that they don't know my name. Prayer is about $30K. I've already found another house I'd love to rent, I'm just worried that my current landlord is going to try and screw me over on the way out.
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Aug 19, 2014 23:11
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Some potentially good news for you: if the home went into foreclosure, then your landlord has violated the lease likely into total breach. If so, then most likely he can't sue you for violating a lease that he violated first.
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Aug 19, 2014 23:28
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ANIME AKBAR posted:Actually the suit refers to me as "unknown tenant." They did somehow get the name of the roommate, which is why I'm taking this a lot more seriously now. Also do this to find the local office to call first: http://www.ohiolegalservices.org/public/legal_problem/housing/general-housing-issues/Home/programs/legalaid_folder_view ShadowHawk fucked around with this message at 04:35 on Aug 20, 2014 |
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Aug 20, 2014 04:32
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ANIME AKBAR posted:Ohio. What you're describing sounds like an attempted garnishment of the landlords rental income. They're trying to collect on their judgment against him on some other case, one that has nothing to do with the house, and they're seeking to have his rental income from you satisfy that other judgment. Is that what you've learned? Does the lawsuit say "garnishment" or "sequestration"? If this is the case, you've got two, pretty complicated situations on your hands. I can discuss further if you can confirm. Echoing the other poster: Legal aid may be able to help you out. You need to get in t touch with them ASAP.
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Aug 20, 2014 04:58
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And to the legal aid point: 95% of what we do is simply giving you basic advice, like saying "yes, this is a garnishment of rental incomes" or "actually, they're suing you because they say you murdered a child." Representation is less common, but getting a lawyer who will look at your documents and say "yes, worry" or "no big deal" can be very helpful.
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Aug 20, 2014 15:24
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Do I need to tell my employer that I'm taking hydrocodone? I work manual pallet jacks, electric pallet jacks, and walking stackers at work. I have to move up to 1 ton of materials, stacked several feet high, 5 nights a week. My medication makes me drowsy and nauseous. This is only for about 3 more days as I had a molar and wisdom tooth extracted two days ago along with an abscess.
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Aug 20, 2014 19:38
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SlayVus posted:Do I need to tell my employer that I'm taking hydrocodone? I work manual pallet jacks, electric pallet jacks, and walking stackers at work. I have to move up to 1 ton of materials, stacked several feet high, 5 nights a week. My medication makes me drowsy and nauseous. This is only for about 3 more days as I had a molar and wisdom tooth extracted two days ago along with an abscess. If you want a legal opinion, get an attorney. That attorney, however, is likely to look at you in shock and ask if you drove to the meeting. You are putting yourself, your coworkers, and your employer at considerable risk. Stop it.
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Aug 20, 2014 20:05
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SlayVus posted:Do I need to tell my employer that I'm taking hydrocodone? I work manual pallet jacks, electric pallet jacks, and walking stackers at work. I have to move up to 1 ton of materials, stacked several feet high, 5 nights a week. My medication makes me drowsy and nauseous. This is only for about 3 more days as I had a molar and wisdom tooth extracted two days ago along with an abscess. No, that sleepy looking eye on the pill bottle is just winking at you. Go nuts! Have some drinks too! Don't read any of the text about not operating heavy machinery and all that jazz. 
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Aug 20, 2014 20:28
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I've been off work for the past three days and I haven't driven anywhere since I've been taking it. I'm asking if I need to let my employer know.
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Aug 20, 2014 20:30
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SlayVus posted:I've been off work for the past three days and I haven't driven anywhere since I've been taking it. I'm asking if I need to let my employer know. If you continue to not go to work while taking it, I don't think you need to. If you go to work then gently caress yes you need to tell them you're taking medication that makes it unsafe for you to operate machinery when operating machinery is part of your job.
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Aug 20, 2014 20:37
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If you mean "will they randomly drug test me and find it in my system after I've been off it for a good while and am safe to drive and operate machinery", then no, that will not happen and you don't need to tell them. If you mean "I'm going to work tomorrow anyway while on meds, gently caress it I need the money", then you won't need to tell them because you'll probably end up dead. Seriously. I was on oxycodine for a few days after I got my wisdom teeth taken out and felt like I was on another planet, I don't know how anyone can even function normally while on narcotic pain killers.
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Aug 20, 2014 20:53
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SlayVus posted:I've been off work for the past three days and I haven't driven anywhere since I've been taking it. I'm asking if I need to let my employer know. Bet you ten bucks your employee manual says you do.
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Aug 20, 2014 20:54
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I love how this thread will be evidence in a wrongful death suit.
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Aug 20, 2014 21:20
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It's all our  dreams come true.
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Aug 20, 2014 21:23
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blarzgh posted:What you're describing sounds like an attempted garnishment of the landlords rental income. quote:"Plaintiff prays for an order directing [defendant] to make all rent payments due [landlord] to [plaintiff], for its cost herein incurred, and for such other and additional relief to which it is entitled at law and in equity." quote:Echoing the other poster: Legal aid may be able to help you out. You need to get in t touch with them ASAP. But to emphasize, my main question is whether having this bullshit dropped on me, and having no help from the landlord, is a violation of my rights as tenant.
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Aug 21, 2014 00:27
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ANIME AKBAR posted:Yeah that pretty much describes it, though not in those exact terms. The relevant sentence from the claim: What rights?
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Aug 21, 2014 01:38
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ANIME AKBAR posted:"they want you to pay rent to them instead of your landlord." If they don't own it yet, then you don't pay them rent. Once they become the owner, then you have to pay them rent. If the new place owns it, then they are the landlord and you owe them rent starting the date they own it. Is there something I'm missing here because it doesn't seem that complicated, nor a reason to panic.
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Aug 21, 2014 01:56
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chemosh6969 posted:Is there something I'm missing here because it doesn't seem that complicated, nor a reason to panic. You're missing the part where people can write whatever they want and ask for whatever they want on a civil complaint and most people don't know that. Also the fact that people don't know that being stamped/signed by a clerk and served doesn't mean it's "the way thing are"/official. Most people have no idea how these things work, which is why they need attorneys to explain in plain english what arguably should be obvious and readable by an average person but is most definitely not. The only reason I have any idea about any/most of this is because I've been self employed or working with startups most of my life. Most people don't have that much exposure to the legal system......and certainly not the civil side of things.
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Aug 21, 2014 02:11
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ANIME AKBAR posted:Yeah that pretty much describes it, though not in those exact terms. The relevant sentence from the claim: Does your municipality or state or county have a tenants' rights commission or authority? That would be a place to start.
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Aug 21, 2014 02:38
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chemosh6969 posted:If they don't own it yet, then you don't pay them rent. Once they become the owner, then you have to pay them rent. If the new place owns it, then they are the landlord and you owe them rent starting the date they own it. I always thought that landords are always obligated to not disturb or interrupt the tenants' living conditions. And while the landlord isn't personally harassing me, it's because of him I'm being harassed. AlbieQuirky posted:Does your municipality or state or county have a tenants' rights commission or authority? That would be a place to start. ANIME AKBAR fucked around with this message at 02:55 on Aug 21, 2014 |
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Aug 21, 2014 02:39
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Is "prays" really the legal term used?
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Aug 21, 2014 02:55
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Lowness 72 posted:Is "prays" really the legal term used? Yes..? It seems really common in the dozens of documents I've been forced to sift through recently.
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Aug 21, 2014 02:56
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Lowness 72 posted:Is "prays" really the legal term used? Yes....read almost any civil complaint (any I've read) the "pray" is what they are asking for as a remedy. It's near the bottom of the document.
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Aug 21, 2014 03:08
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