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bird with big dick
Oct 21, 2015

Mr. Nice! posted:

Depends on state law. In Florida, if they beat the offer by 25%, they get to recover costs and fees since the offer was tendered.

For example, offer is $100k. Jury verdict is $74k. Plaintiff, despite winning, is responsible to pay all the costs and attorneys’ fees accrued by defendant from the day of offer. Even though you won you have to pay the defense the full cost of the trial which will not be cheap.

That seems pretty tight, right? Like I feel like if you go to three different lawyers and ask them to evaluate the potential of a case, all three of them will be more than 25% off from one another.

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Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:

Volmarias posted:

Hypothetical based on something a friend is dealing with and I'm curious.

Let's say I have a forums, where users spend $60 to be able to shitpost about their transformer animes or whatever. One user ends up being banned, and tells me they will sue me in small claims court in Turducken Falls for $60 as a result, unless I come there for meditation. The banning is extremely justified as they broke the ToS, legally their suit has no merit, and they would actually have to come to this side of the country to sue since the server/company is here.

I can pay a lawyer to send them a letter telling them to gently caress off, but that costs money. Should I just ignore this until I'm actually notified in some way that they've filed something?

I knew Jeff had alts running around.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Volmarias posted:

Hypothetical based on something a friend is dealing with and I'm curious.

Let's say I have a forums, where users spend $60 to be able to shitpost about their transformer animes or whatever. One user ends up being banned, and tells me they will sue me in small claims court in Turducken Falls for $60 as a result, unless I come there for meditation. The banning is extremely justified as they broke the ToS, legally their suit has no merit, and they would actually have to come to this side of the country to sue since the server/company is here.

I can pay a lawyer to send them a letter telling them to gently caress off, but that costs money. Should I just ignore this until I'm actually notified in some way that they've filed something?

Look up personal jurisdiction

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

EwokEntourage posted:

Look up personal jurisdiction

Thank you!

And, to clarify, they hired a lawyer to send a letter, I was just curious since it seemed like a fantastic way to force someone to waste time dealing with you.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

Volmarias posted:

a fantastic way to force someone to waste time dealing with you.

So, new thread title right?

bird with big dick
Oct 21, 2015

IANAL but for $25 I will send a letter telling whomever you would like to gently caress off, to gently caress off.

bird with big dick
Oct 21, 2015

Arcturas posted:

Send your lawyer a two-sentence email: Do you recommend I counter-offer? And, if so, what do you think is a reasonable counter-offer?

(And yes, something like this is common to try and restart settlement negotiations if they are stalling out.)

I sent my lawyer a two and a half page email but I started it with those two sentences.

She said we could counter if we want to counter around 6x their settlement offer, more than that she thinks it's not worth bothering with a counter because its a nonstarter, and the case is worth "a lot more."

So I think their offer is going to get another thanks but no thanks.

bird with big dick
Oct 21, 2015

If you've got a million dollars you think you're going to lose to a judgment from a looming lawsuit what stops you from taking your million dollars and going to Vegas and betting it all on black and if you win awesome you pay the future judgment with it and if you lose who cares you just made yourself judgment proof?

Canine Blues Arooo
Jan 7, 2008

when you think about it...i'm the first girl you ever spent the night with

Grimey Drawer
IANAL.

My understanding is that the judgement is good for 10 years. If you managed to get a million dollars before, the system of 'Murica probably means you have the means of getting it again, so unless you intend to have nothing for the next 10 years, plan accordingly.

bird with big dick
Oct 21, 2015

What if you're old

The Bananana
May 21, 2008

This is a metaphor, a Christian allegory. The fact that I have to explain to you that Jesus is the Warthog, and the Banana is drepanocytosis is just embarrassing for you.



Just give me the million, already.

bird with big dick
Oct 21, 2015

I'll let you pick which casino I gamble it at but you don't get to pick what game

evilweasel
Aug 24, 2002

bird with big dick posted:

If you've got a million dollars you think you're going to lose to a judgment from a looming lawsuit what stops you from taking your million dollars and going to Vegas and betting it all on black and if you win awesome you pay the future judgment with it and if you lose who cares you just made yourself judgment proof?

You would probably be ineligible for a bankruptcy discharge which you might want in this situation.

bird with big dick
Oct 21, 2015

What if that's really all you had, though?

Or what if it was 25% of what you had and you're gonna keep liquidating real estate and pumping it into The Big Lebowski slot machine, $4 at a time.

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:

bird with big dick posted:

I'll let you pick which casino I gamble it at but you don't get to pick what game

Russian roulette seems like an obvious choice.

evilweasel
Aug 24, 2002

bird with big dick posted:

What if that's really all you had, though?

Or what if it was 25% of what you had and you're gonna keep liquidating real estate and pumping it into The Big Lebowski slot machine, $4 at a time.

Then life sucks because you’ve got a judgment against you that you can’t get discharged in bankruptcy.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
Yes, You can ruin your life to avoid paying a judgment. The other side might try to get the court to stop you, who knows if they’ll be successful. There are laws/statutes that can be used to claw back transfers when people try to hide assets, but you absolutely can burn down everything around you and then live in the wreckage.

The Bananana
May 21, 2008

This is a metaphor, a Christian allegory. The fact that I have to explain to you that Jesus is the Warthog, and the Banana is drepanocytosis is just embarrassing for you.



EwokEntourage posted:

Yes, You can ruin your life to avoid paying a judgment. The other side might try to get the court to stop you, who knows if they’ll be successful. There are laws/statutes that can be used to claw back transfers when people try to hide assets, but you absolutely can burn down everything around you and then live in the wreckage.

Isn't that similar to what Lowtax did, just before his end?

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer
Different kind of roulette.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

dpkg chopra posted:

Different kind of roulette.

:drat:

IUG
Jul 14, 2007


Is there a way to pull up information about a charge brought up against someone in Connecticut? I just found out a cousin got charged with second degree possession of child pornography in 2005, but he’s not on the registry anymore. The statute says if he was guilty of it, he would have two years minimum in prison, which I feel like I would have noticed. So I want to know more about this charge, if it went anywhere, and if my 17 month old daughter should be anywhere near him.

evilweasel
Aug 24, 2002

IUG posted:

Is there a way to pull up information about a charge brought up against someone in Connecticut? I just found out a cousin got charged with second degree possession of child pornography in 2005, but he’s not on the registry anymore. The statute says if he was guilty of it, he would have two years minimum in prison, which I feel like I would have noticed. So I want to know more about this charge, if it went anywhere, and if my 17 month old daughter should be anywhere near him.

You could look here but it says they purge records 10 years after conviction so it might be gone: https://www.jud.ct.gov/crim.htm

BigHead
Jul 25, 2003
Huh?


Nap Ghost

evilweasel posted:

You could look here but it says they purge records 10 years after conviction so it might be gone: https://www.jud.ct.gov/crim.htm

The website says the information is removed from the website ten years after conviction, not that the conviction is erased. So if you know where he got convicted or where he lived, your recourse is just calling the county courthouse and asking the process to make physical copies of archived public records. Make your best guess, call up and get hold of a criminal clerk, and explain the situation. They'll point you in the right direction.

If that fails you could hire a CT private investigator. That should be fairly trivial for them.

BigHead fucked around with this message at 15:16 on May 30, 2022

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:

IUG posted:

Is there a way to pull up information about a charge brought up against someone in Connecticut? I just found out a cousin got charged with second degree possession of child pornography in 2005, but he’s not on the registry anymore. The statute says if he was guilty of it, he would have two years minimum in prison, which I feel like I would have noticed. So I want to know more about this charge, if it went anywhere, and if my 17 month old daughter should be anywhere near him.

Can't you ask his parents or other relatives? Or are they the type to lie about it?

bird with big dick
Oct 21, 2015

Hey Uncle Frank how you doin it's your nephew just called to ask precisely what sort of pederast your child is

Harold Fjord
Jan 3, 2004

bird with big dick posted:

Hey Uncle Frank how you doin it's your nephew just called to ask precisely what sort of pederast your child is

This but unironically.

How old was your cousin at the time of the offense? If he was under 18 there's even odds it was peer nudes, illegal but not really problematic for you. Early 20s and dating way too young? Again creepy but your child is safe

Harold Fjord fucked around with this message at 16:38 on May 30, 2022

IUG
Jul 14, 2007


Yeah he would have been 24. Both his parents have passed, so sadly I can ask that question, jfc. My parents never told me about it when they found out a few years ago, nor did they bring it up when I asked for his agrees when we sent him a Christmas card with my 1 year old on it. My wife is super pissed off about that one.

Harold Fjord
Jan 3, 2004
Ask him. If he says the E word, don't leave him alone with the child where he might try to teach them Libertarianism.

BonerGhost
Mar 9, 2007

IUG posted:

Yeah he would have been 24. Both his parents have passed, so sadly I can ask that question, jfc. My parents never told me about it when they found out a few years ago, nor did they bring it up when I asked for his agrees when we sent him a Christmas card with my 1 year old on it. My wife is super pissed off about that one.

If your family even admits the guy is a pedophile, consider yourself in a very small club. There is no way anyone in your family will ever proactively warn you about him, and it is very unlikely they'll respect your explicit wishes about him being around your child if you aren't there. Families regularly protect convicted sex offenders, to the point that grandparents will lie that pedo brother/nephew/cousin isn't even allowed in the house when you drop off your kids to babysit, and you find out from your toddler two weeks later that Steve kept on eye on them while grandma ran down to the convenience store for a Pepsi.

I'm not saying this to scare you, but you need to understand that you can never, ever rely upon a first, second, or even third degree relative's account or judgment when it comes to sex offenders in the family. The denial in families is insane. As a kid, I spent almost every weekend for a couple years with a beloved uncle after his first conviction for molesting his stepdaughter. He is now doing life after molesting his second stepdaughter. (And because people always ask, no I didn't get molested by my uncle.)

Families will always say it was a Romeo and Juliet thing or the charges were trumped up or whatever, and that may be accurate sometimes. But don't rely on their accounts to gauge your risk. Get the court records.

Captain von Trapp
Jan 23, 2006

I don't like it, and I'm sorry I ever had anything to do with it.
There's no harm in just not letting him around your kids if you're not physically present. You don't have to make a big deal of it; you don't even have to mention it.

You can and probably should try to get the court records for your own edification, but it's not like any random relative has a right to unsupervised access to your kids regardless. Anybody who says they do is a priori suspicious.

Shine
Feb 26, 2007

No Muscles For The Majority

BonerGhost posted:

Families regularly protect convicted sex offenders

Yeah, and many families have unconvicted child molesters where it's an open secret that everybody just kinda talks around. "Oh, he's not great with children" type of poo poo. :bang:

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
Was it state or federal charges

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Shine posted:

Yeah, and many families have unconvicted child molesters where it's an open secret that everybody just kinda talks around. "Oh, he's not great with children" type of poo poo. :bang:

My wife talks about how when she was 9 her mom took her to a family reunion and pointed out which of her mom’s cousins she was never to be alone with under any circumstances. Like lady why the gently caress would you bring your kid there in the first place?

BonerGhost
Mar 9, 2007

therobit posted:

My wife talks about how when she was 9 her mom took her to a family reunion and pointed out which of her mom’s cousins she was never to be alone with under any circumstances. Like lady why the gently caress would you bring your kid there in the first place?

The thing about a lot of abusive people, pedophiles included, is that people tend to like them or at least like having them around. The same social skills and personality traits that make them capable of manipulating and isolating vulnerable people also make them fun and interesting. My uncle was charismatic, funny, good looking, popular with women, and indispensable in a way that never came off as needy, transactional, or manipulative, and he was not by any means an outlier. He provided material help to my family in a pretty dire situation and genuinely loved us, as I'm sure he did with his girlfriends and wives with young children, and to this day I don't know if it was ever a conscious effort to get access or provide cover though that was clearly the result.

I say all that because kids have to learn that people can appear to or even have the best intentions and still be fundamentally dangerous to them. They can be accepted and well liked by everyone around them and still be dangerous. Even most adults struggle with this, which is why everyone imagines pedophiles (and other abusers) as unattractive, obvious losers that have no friends and not the life of the party or the guy who's always there for you. It's why people can't reconcile that the guy they watch every game with and is a blast to be around could go home and savage the woman he lives with, so she must be lying. The family reunion is hands down the best, safest place to demonstrate that dynamic to a kid who can hopefully take that lesson into adulthood. And by telling your wife that she knew who was trouble, your MIL automatically became someone who wouldn't have to first be convinced if your wife did have to tell someone about something.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

BonerGhost posted:

The thing about a lot of abusive people, pedophiles included, is that people tend to like them or at least like having them around. The same social skills and personality traits that make them capable of manipulating and isolating vulnerable people also make them fun and interesting. My uncle was charismatic, funny, good looking, popular with women, and indispensable in a way that never came off as needy, transactional, or manipulative, and he was not by any means an outlier. He provided material help to my family in a pretty dire situation and genuinely loved us, as I'm sure he did with his girlfriends and wives with young children, and to this day I don't know if it was ever a conscious effort to get access or provide cover though that was clearly the result.

I say all that because kids have to learn that people can appear to or even have the best intentions and still be fundamentally dangerous to them. They can be accepted and well liked by everyone around them and still be dangerous. Even most adults struggle with this, which is why everyone imagines pedophiles (and other abusers) as unattractive, obvious losers that have no friends and not the life of the party or the guy who's always there for you. It's why people can't reconcile that the guy they watch every game with and is a blast to be around could go home and savage the woman he lives with, so she must be lying. The family reunion is hands down the best, safest place to demonstrate that dynamic to a kid who can hopefully take that lesson into adulthood. And by telling your wife that she knew who was trouble, your MIL automatically became someone who wouldn't have to first be convinced if your wife did have to tell someone about something.

Well, I wish that last bit was true, but there is a lot more to me wife’s story that does not involve that family reunion or those individuals and my mother in law of course looked the other way on more than one category of abuse. And to me still going to a family gathering with known child rapists makes her a piece of poo poo anyway.

BonerGhost
Mar 9, 2007

There's a difference between disbelief and follow through, but you make a good point.

Canine Blues Arooo
Jan 7, 2008

when you think about it...i'm the first girl you ever spent the night with

Grimey Drawer
I've got all my stuff together and am going to court tomorrow for my Small Claims case against my non-paying roommate. I'm scared I've mucked up something procedurally, or have failed something else that will force me to reschedule (or just forfeit) the case.

My takeaways of navigating this process so far:
• There is a pretty substantial Access to Justice issue. What I feel is a simple case has cost me $300~ to get to court, probably a dozen hours, and another $100 to travel to and from.
• If you are a boomer who is computer illiterate, you are totally hosed. The process to actually sue someone is complicated. There is a pile of landmines and you don't really know if you stepped on one until it's too late. Maybe that's not such a bad thing
• Courts themselves are not a source of a ton of costs. Service and Travel are gross.
• It's very hard to know how to adequately prepare. I have a stack of 40 docs here to help prove expenses and receipts. No idea what's actually relevant.
• Maybe I should have hired a lawyer to just deal...

tater_salad
Sep 15, 2007


now wait till you have to try and collect...
Sigh.

Canine Blues Arooo
Jan 7, 2008

when you think about it...i'm the first girl you ever spent the night with

Grimey Drawer
I'm gonna be dead honest here: Even if I dotted all my I's just so and get a judgement, I kinda don't expect to collect.

Part of this was an exercise to understand what's required to actually bring forth a claim in Small Claims. Part of it is to make it a little bit harder for this dude to scam the next group as I assume a judgement will show up in a background check. I'm lucky to be financially secure enough for this not to wreck my life, but I'd be stunned if I get anything.

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Alchenar
Apr 9, 2008

Real talk: the justice system is not there to right moral wrongs over small beans. And yes a few thousand dollars is small beans and the cost to society of court time to deal with your issue almost certaintly outweighs that.

There being a minimum bar for bringing a claim is not a flaw, it's a deliberate 'is your issue really worth all this?' checkpoint of the system.

The real access to justice issue is attourney fees for actually serious cases where companies will just try and wait you out.

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