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

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

jaded_daisy posted:

He had to go to the Sheriff's department to get it, the employer didn't do it. Does this make any difference?

Thanks for your advice though, I'll get my son in touch with an attorney this week.

Actually, if it is a proper livescan at a police station, that might actually update as it checks state and federal DOJ pretty regularly. It can take a while, when did the case get dismissed?

edit: 2 years ago? Huuum, you might want to contact Michigan DOJ
Here's some phone numbers, don't know if any are the right person
http://www.michigan.gov/documents/msp/AFIS-Live_Scan_Contact_List_316269_7.pdf

USDOJ got in trouble last year for returning thousands of dismissed cases as convictions.

nm fucked around with this message at 23:32 on Dec 4, 2011

# ? Dec 4, 2011 23:28

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# ? Apr 27, 2024 12:53

The_Angry_Turtle: Aug 2, 2007; BLARGH

nm posted:

When were you born? Was your mother born in Canada?
If were born after 1976, you're almost certainly Canadian if your mother was a Canadian citizen born in Canada (and not born to a diplomat of a foriegn country)
This will help: http://www.cic.gc.ca/english/citizenship/rules-citizenship.asp
(I'm a canadian citizen this way too. Hope your mom wasn't born in quebec though, getting the birth certificate is a pain in the rear end and ay copy older than 1996 isn't valid)

Yes she was born in Canada still maintains her citizenship there. I was born in 88 so I see no reason why I wouldn't be considered a citizen. Guess I'll just apply for the proof of citizenship and get the paperwork that way.

# ? Dec 5, 2011 15:03

Kibbles n Shits: Apr 8, 2006; burgerpug.png; Fun Shoe

I live in Oklahoma (OKC to be exact).

I rent a duplex. On Tuesday 11/29, my power went off. I called the power company to confirm it wasn't a billing issue, and the technician they sent out said my meter was running and everything was normal on their end, so I called my landlord next and left a message explaining the problem and requesting maintenance.

They called me the next day saying they had flipped the breaker and power was back on, but it wasn't. They told me to flip the breaker again, but there is no breaker box in the unit that I can find, inside or out. (Seriously I looked everywhere; there's a box outside by the meters, but it doesn't look like a breaker box so I didn't touch it. But I digress.) So they confirmed my address and said they'd look into it.

As of today, I still have no electricity, and have not been contacted about the issue. I am going to send a certified letter informing them of the problem, something I probably should have done day one, but I didn't expect to be without power for a week.

Oklahoma law requires the landlord keeps my electrical systems in good working condition; how long can I give them to fix it before I can give notice to move out? They don't appear to be making a good faith effort to restore power to my home.

# ? Dec 5, 2011 19:12

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

DarthJeebus posted:

I live in Oklahoma (OKC to be exact).

I rent a duplex. On Tuesday 11/29, my power went off. I called the power company to confirm it wasn't a billing issue, and the technician they sent out said my meter was running and everything was normal on their end, so I called my landlord next and left a message explaining the problem and requesting maintenance.

They called me the next day saying they had flipped the breaker and power was back on, but it wasn't. They told me to flip the breaker again, but there is no breaker box in the unit that I can find, inside or out. (Seriously I looked everywhere; there's a box outside by the meters, but it doesn't look like a breaker box so I didn't touch it. But I digress.) So they confirmed my address and said they'd look into it.

As of today, I still have no electricity, and have not been contacted about the issue. I am going to send a certified letter informing them of the problem, something I probably should have done day one, but I didn't expect to be without power for a week.

Oklahoma law requires the landlord keeps my electrical systems in good working condition; how long can I give them to fix it before I can give notice to move out? They don't appear to be making a good faith effort to restore power to my home.

Written notice. You've got to give them some written notice.

Here's the law:
Landlord's duties

Your remedies for landlord's breach

For a broader view, click the "this point in index" tab to browse the landlord/tenant act. (sections 101 to 136)

"LegalAid's website posted:

Normal Problems

The most common types of problems covered by the law are defects that can affect your health and safety, but that do not pose an immediate threat. These problems might include a leak in the roof or a slow-running drain.

1. Prepare a written notice to the landlord.

2. In the notice, describe in detail each problem you want fixed. The list should be specific, so that the landlord can use the list to fix each problem.

3. In the notice, tell the landlord that he or she should fix the problems within 14 days.

4. In the notice, tell the landlord specifically what you will do if the landlord does not fix the problems within 14 days, either

a. repair the problems yourself and deduct the cost from the next month's rent (up to $100), or

b. end your lease and move within 30 days from the date of the notice.

5. Sign and date the notice.

6. Make a photocopy of the notice and save it for your records.

7. Deliver the notice to the landlord in person or by certified mail. Save the certified mail receipts.

Problems with Utilities

If your problem is that you have no water, heat, electricity, natural gas, or "other essential services" (such as air conditioning in the summer), you have additional options.

To use one of these options, you must first give the landlord a written notice describing the problem in detail. What else you do depends on which remedy you use.

1. Move Temporarily: You can leave your home until the landlord fixes the utility problem. You will not owe rent for the time you are away.

To use this option, you must tell the landlord in your original written notice:

a. that you are leaving until the problem is fixed, and

b. an address and phone number where you can be reached.

2. Obtain substitute services: If the landlord is supposed to pay your utilities but hasn't, you can sign up for the service in your own name and then deduct the cost from your next month's rent. Save your receipts and send copies to the landlord later.

3. Break your lease and move permanently: If you want to move permanently, your original written notice must give the landlord a period of time to fix the utility problem. The length of time depends on the problem. If you have no electricity, heat, or water, a few days may be long enough to give the landlord for repairs.

If the landlord does not take action within the time period, you can move, but you must give the landlord another written notice. This second notice must tell the landlord that you are breaking your lease because he/she has not fixed the utility problem. In the notice, you should also ask the landlord to return your security deposit and all advance rent you have paid. Include a new address.

4. Sue for damages: You can file suit in Small Claims Court if your damages are less than $4500. Your damages are the difference between your rent and the amount someone would pay to rent a place without the utility service you are lacking.

You must keep paying rent while your lawsuit is pending.

You can try calling 888-534-5243 for Legal Aid, but you probably make too much to qualify for help. OU Law School has a civil law clinic, (405) 325-3702, but they technically don't serve Oklahoma Co.

# ? Dec 5, 2011 22:54

veni veni veni: Jun 5, 2005

Does anyone have experience with fighting red light tickets. I have heard conflicting advice on the subject 1. It's not worth the hassle of fighting and 2. You can just go into the court date and generally they will drop it 3. They cannot enforce them without serving you. I am pretty annoyed that I received a ticket despite the loving police sending a video with it that clearly shows I didn't even run the light.

Secondly I think this red light camera is a trap that basically forces people into getting tickets due to a weird mix of light timing and the speed limit. I have seen so many people get flashed while they weren't doing anything wrong and I also think it is deliberately and maliciously set up for max profits. Is there any way I can go about proving this and bringing it to the public's attention because I think my city is robbing its citizens.

BONUS Video of me being a horrible law breaking monster. I am on the far right at the end of the video. https://cite-web.com/citeweb3/PlayFLV.asp?vFile=%2FDenverImg%2FImages%2F2011%2F11%2FDep_79385%2F20111117_203426_06LI-EB_000082.flv

I am in Denver btw.

# ? Dec 6, 2011 02:25

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

This isn't legal advice, but call all the local news stations if you want publicity. Everyone hates red light cameras, so the media loves that poo poo.

Generally, my impression is that red light tickets are easier to fight than others, but I've never dealt with them personally.

# ? Dec 6, 2011 04:37

Elector_Nerdlingen: Sep 27, 2004

NESguerilla posted:

Does anyone have experience with fighting red light tickets. I have heard conflicting advice on the subject 1. It's not worth the hassle of fighting and 2. You can just go into the court date and generally they will drop it 3. They cannot enforce them without serving you. I am pretty annoyed that I received a ticket despite the loving police sending a video with it that clearly shows I didn't even run the light.

Secondly I think this red light camera is a trap that basically forces people into getting tickets due to a weird mix of light timing and the speed limit. I have seen so many people get flashed while they weren't doing anything wrong and I also think it is deliberately and maliciously set up for max profits. Is there any way I can go about proving this and bringing it to the public's attention because I think my city is robbing its citizens.

BONUS Video of me being a horrible law breaking monster. I am on the far right at the end of the video. https://cite-web.com/citeweb3/PlayFLV.asp?vFile=%2FDenverImg%2FImages%2F2011%2F11%2FDep_79385%2F20111117_203426_06LI-EB_000082.flv

I am in Denver btw.

You're probably hosed, since the law everywhere I've ever known about doesn't read "You travelled right through the intersection while the light was red" it reads "You entered the intersection while the light was red". "Entered the intersection" usually means "Wheels were over the white line", and it looks like yours were, and went over after the light changed.

I mean, it looks like a really close thing, but you're probably technically hosed, which is the worst kind of hosed. Whatever you do don't stand up in court and say it was OK to break this law because you only sorta kinda broke it and it's bullshit anyway and the city is robbing us and :tinfoil:

.

You can bring traffic issues up with your local governement, if they can't help they'll be able to direct you to the appropriate state or federal people. I've written to the local council here about several road issues (including one red light camera), and they've always been super helpful and they end up solving the problem (you'd be surprised what they can't even think about doing until they receive complaints).

I wouldn't expect to get off this completely, but you might get a reduced fine or not lose points or whatever if it turns out heaps of people have formally complained that the camera is bullshit.

Elector_Nerdlingen fucked around with this message at 05:02 on Dec 6, 2011

# ? Dec 6, 2011 05:00

Incredulous Red: Mar 25, 2008

NESguerilla posted:

Does anyone have experience with fighting red light tickets. I have heard conflicting advice on the subject 1. It's not worth the hassle of fighting and 2. You can just go into the court date and generally they will drop it 3. They cannot enforce them without serving you. I am pretty annoyed that I received a ticket despite the loving police sending a video with it that clearly shows I didn't even run the light.

Secondly I think this red light camera is a trap that basically forces people into getting tickets due to a weird mix of light timing and the speed limit. I have seen so many people get flashed while they weren't doing anything wrong and I also think it is deliberately and maliciously set up for max profits. Is there any way I can go about proving this and bringing it to the public's attention because I think my city is robbing its citizens.

BONUS Video of me being a horrible law breaking monster. I am on the far right at the end of the video. https://cite-web.com/citeweb3/PlayFLV.asp?vFile=%2FDenverImg%2FImages%2F2011%2F11%2FDep_79385%2F20111117_203426_06LI-EB_000082.flv

I am in Denver btw.

Hearsay and foundation are your friends

Anyway, I posted something earlier about how you beat red light tickets. Most states require that roads that have certain speed limits have yellow light intervals set at a certain time. A lot of times these timing intervals are described in the engineering report for that section of highway. That report is a public document. Get it, look at what it says, then go out and time the yellow light intervals. If they're inconsistent between lights, or are inconsistent with what the engineering report recommends/what the state guidelines for a road with that speed limit suggest, you might have a case for arguing that your ticket should be thrown out.

# ? Dec 6, 2011 05:46

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

Incredulous Red posted:

Hearsay and foundation are your friends

Anyway, I posted something earlier about how you beat red light tickets. Most states require that roads that have certain speed limits have yellow light intervals set at a certain time. A lot of times these timing intervals are described in the engineering report for that section of highway. That report is a public document. Get it, look at what it says, then go out and time the yellow light intervals. If they're inconsistent between lights, or are inconsistent with what the engineering report recommends/what the state guidelines for a road with that speed limit suggest, you might have a case for arguing that your ticket should be thrown out.

This is a good idea. That yellow is only 3 seconds. I believe that that is standard for 25mph. 3.5 is for 30 mph.
You might want to ask the traffic engineer thread.

# ? Dec 6, 2011 07:03

Incredulous Red: Mar 25, 2008

nm posted:

This is a good idea. That yellow is only 3 seconds. I believe that that is standard for 25mph. 3.5 is for 30 mph.
You might want to ask the traffic engineer thread.

Looks like they've pulled this before:

http://www.thenewspaper.com/news/23/2385.asp

# ? Dec 6, 2011 09:52

veni veni veni: Jun 5, 2005

^^^^Yeah there have been more than one news reports about this in the past. Maybe I should actually contact the newspaper like you guys suggested since everyone hates these things.

Thanks for the tips.

It's hard to explain in a post why, but I really believe that light is deliberately set up to trap people. It is right after another large intersection that is about a block away. The distance between the lights gives you just enough space to get up to the speed limit (30) and the light will turn yellow at a really awkward spot that forces you to either hit the brakes really quickly or run the light. As you can see the car to the left of me was also flashed for the exact same thing (rolling out onto the crosswalk for not having enough time to stop). I was also clocked going 15 which is literally half of the speed limit and I still had trouble stopping.

I live just up the street from this light, and it literally seems to light up like Christmas at that intersection every time it turns red. Virtually everyone that comes to visit me ends up with a ticket as well. I am normally the type of person to just say "gently caress it" and pay the thing but I am thoroughly convinced something shady is going on with that light.

I am very tempted to hang out on the corner for a half an hour with a video camera and see how many people it fucks.

AlphaDog posted:

You're probably hosed, since the law everywhere I've ever known about doesn't read "You travelled right through the intersection while the light was red" it reads "You entered the intersection while the light was red". "Entered the intersection" usually means "Wheels were over the white line", and it looks like yours were, and went over after the light changed.

While this is true there are about 6 photos on the police website from the front end showing me chilling behind the white line. It's pretty funny because they conveniently cropped that out of paper ticket I got in the mail. Although I am sure that was just coincidence as I doubt they have cops sitting around photoshopping tickets. Actually, that wouldn't surprise me that much.

veni veni veni fucked around with this message at 10:15 on Dec 6, 2011

# ? Dec 6, 2011 10:10

Elector_Nerdlingen: Sep 27, 2004

NESguerilla posted:

While this is true there are about 6 photos on the police website from the front end showing me chilling behind the white line. It's pretty funny because they conveniently cropped that out of paper ticket I got in the mail. Although I am sure that was just coincidence as I doubt they have cops sitting around photoshopping tickets. Actually, that wouldn't surprise me that much.

I looked again, and it definitely looks like the first flash goes off way before you get to the line. That does strongly imply that the camera is stuffed and/or unfair. You still end up over the line, from what I can see. Expect the cops to conveniently lose those other photos if they're as corrupt as you seem to think they are.

Where I am, if you're over the line you're hosed either way - you either proceeded over the line when the light was red ("ran the red"), or you "stopped in the intersection" if your wheels were already over the line when the light turned red, since you're not allowed to stop once you've entered the intersection, defined as the point at which your wheels cross the line. It's all very stupid and nitpicky.

Good luck, I think you'll have it since everyone else seems to be complaining too.

# ? Dec 6, 2011 10:24

UrbanLabyrinth: Jan 28, 2009; When my eyes were stabbed by the flash of a neon light
That split the night
And touched the sound of silence; College Slice

AlphaDog posted:

I looked again, and it definitely looks like the first flash goes off way before you get to the line. That does strongly imply that the camera is stuffed and/or unfair. You still end up over the line, from what I can see. Expect the cops to conveniently lose those other photos if they're as corrupt as you seem to think they are.

I think the first flash is for the car on the left.

# ? Dec 6, 2011 11:39

CheerGrrl92: May 4, 2007; They call me the owner, because it's what I do

This question should be simple to answer. I just received my first parking ticket (but it was for being towed, I ran into the driver while he was doing it).

But here are the facts:

1) The ticket is not endorsed by the city (in Virginia), only the towing company. I do not have a parking citation.
2) The ticket is for a "drop fee" by the towing company.
3) I parked in a legally allowed spots with absolutely no signs (when I parked). Many other people did this. Because there are no signs, the zone is an area that you can park at indefinitely, so people leave there cars there when they know they wont have to drive for a week or so.
4) a temporary NO PARKING TUESDAY sign was erected on a tree with a rope. I dont know how long ago it was, but I have only been parked there for four days and it definitely wasn't there when I parked. They were towing about 8-10 other cars for the same reason.

So I want to contest the charge with a credit card company. I did not sign this ticket.. however, an officer did. I explained my situation to the officer and she said "well you aren't supposed to get towed if you were parked before the sign was erected, but the signs been there for at least two days" I repeat, it is not a city/government ticket.

If I contest this with my credit card company, am I OK? I am not saying I will win, but I don't want to get in trouble with the city for contesting a parking violation since the company is contracted by the city.

Also, can/will the police get towing information from the towing companies and issue citations based on what is reported? Basically what I am asking is since I do not have a parking violation from the city, can I still get one?

# ? Dec 6, 2011 19:02

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

A question here about how evidence is handled. Is a text message handled the same as written documents? The venue I'd be using it in is a small claims court if that helps narrow it down.

# ? Dec 6, 2011 21:52

Incredulous Red: Mar 25, 2008

Azuth0667 posted:

A question here about how evidence is handled. Is a text message handled the same as written documents? The venue I'd be using it in is a small claims court if that helps narrow it down.

What are you trying to use the text message to prove?

# ? Dec 7, 2011 01:58

Mr. Noon: Nov 9, 2007; by Ozmaugh

So, apparently I owe $1,099 to Afni Collections, who are collecting on behalf of Sprint.

The problem is that I've never had an account with Sprint in my entire life. After moving back to the US (California) I signed up with Verizon, and then when I moved to the east coast (DC) I switched to AT&T.

The kicker is that a few months before I moved to DC in November of 2009 I was "mugged" outside of a poolhall. "Mugged" is in quotation marks because I'm not sure tackling me in a parking lot and tickle-wrestling me for my wallet really counts as a mugging. In retrospect, I probably should have filed a police report, but I've had nothing but extremely negative dealings with police officers for my entire life. The other problem is that my social security card was in my wallet, because I'd been at a job thing where they needed to photocopy it a couple days before. The account the person created listed my old address as the billing address, 4-5 months after I'd stopped living there.

The next day I cancelled my bank card, and soon after I went to get a new ID. I'm going to go out on a limb and assume that my previous bank (Bank of America) and the DMV still have record of this.

So, to get to the meat of the issue: Afni is claiming that someone in August of 2009 set up a phone/laptop wireless plan with Sprint, ran it until March and then went delinquent with the payments. I tried calling these cocksuckers, assuming I could just explain the situation, but the more I tried to make the CSR understand, the more emphatic she was that I'm a shitbag liar.The CSR told me that it wasn't a case of stolen identity because "I" had called Sprint on a number of occasions and even sent bounced checks to them in order to keep the phone line alive.

In short, she said that my only recourse was to file a police report and then they'd send me a fraud packet to fill out. Afterwards they would evaluate my claim. Now, this sounds a bit hosed up to me -- how can I expect an impartial evaluation of the evidence I intend to present if the only way the evaluator can make money off of it is by proving that I'm wrong? On top of that, when the CSR explained the police report option she made every attempt to disuade me, by saying that if any part of it were false they were not legally responsible for charges made against me by the police force.

I did some dumb poo poo when I was younger. I did owe money for a credit card that I took out when I was 20. I recently paid it off, expecting to be on the road to repairing my credit and acting like A Responsible Adult. But there is no loving way I'm going to willingly pay the phone bill of some dickhead who physically assaulted me outside of a goddamn bar.

What's the best course of action, if there is one? I intend to contact Sprint tomorrow, get any information regarding alternate contact info, call records, etc. that they can provide, then contact B of A for my fraudulent charge and card re-issue records, and present those when I make a police report.

Edit: To clarify the bit regarding my previous debt, it was incurred about six years ago. In the interim I had been contacted by a collections agency, cooperated with them and tried to pay it back by money order. The money order was returned to me because the debt once again belonged to B of A. In October a different collection agency got in contact with me and I gladly paid them the full amount they requested in less than two weeks from the initial call. I am not trying to duck out on something I legitimately owe.

Mr. Noon fucked around with this message at 10:38 on Dec 7, 2011

# ? Dec 7, 2011 10:23

Incredulous Red: Mar 25, 2008

Mr. Noon posted:

So, apparently I owe $1,099 to Afni Collections, who are collecting on behalf of Sprint.

The problem is that I've never had an account with Sprint in my entire life. After moving back to the US (California) I signed up with Verizon, and then when I moved to the east coast (DC) I switched to AT&T.

The kicker is that a few months before I moved to DC in November of 2009 I was "mugged" outside of a poolhall. "Mugged" is in quotation marks because I'm not sure tackling me in a parking lot and tickle-wrestling me for my wallet really counts as a mugging. In retrospect, I probably should have filed a police report, but I've had nothing but extremely negative dealings with police officers for my entire life. The other problem is that my social security card was in my wallet, because I'd been at a job thing where they needed to photocopy it a couple days before. The account the person created listed my old address as the billing address, 4-5 months after I'd stopped living there.

The next day I cancelled my bank card, and soon after I went to get a new ID. I'm going to go out on a limb and assume that my previous bank (Bank of America) and the DMV still have record of this.

So, to get to the meat of the issue: Afni is claiming that someone in August of 2009 set up a phone/laptop wireless plan with Sprint, ran it until March and then went delinquent with the payments. I tried calling these cocksuckers, assuming I could just explain the situation, but the more I tried to make the CSR understand, the more emphatic she was that I'm a shitbag liar.The CSR told me that it wasn't a case of stolen identity because "I" had called Sprint on a number of occasions and even sent bounced checks to them in order to keep the phone line alive.

In short, she said that my only recourse was to file a police report and then they'd send me a fraud packet to fill out. Afterwards they would evaluate my claim. Now, this sounds a bit hosed up to me -- how can I expect an impartial evaluation of the evidence I intend to present if the only way the evaluator can make money off of it is by proving that I'm wrong? On top of that, when the CSR explained the police report option she made every attempt to disuade me, by saying that if any part of it were false they were not legally responsible for charges made against me by the police force.

I did some dumb poo poo when I was younger. I did owe money for a credit card that I took out when I was 20. I recently paid it off, expecting to be on the road to repairing my credit and acting like A Responsible Adult. But there is no loving way I'm going to willingly pay the phone bill of some dickhead who physically assaulted me outside of a goddamn bar.

What's the best course of action, if there is one? I intend to contact Sprint tomorrow, get any information regarding alternate contact info, call records, etc. that they can provide, then contact B of A for my fraudulent charge and card re-issue records, and present those when I make a police report.

Edit: To clarify the bit regarding my previous debt, it was incurred about six years ago. In the interim I had been contacted by a collections agency, cooperated with them and tried to pay it back by money order. The money order was returned to me because the debt once again belonged to B of A. In October a different collection agency got in contact with me and I gladly paid them the full amount they requested in less than two weeks from the initial call. I am not trying to duck out on something I legitimately owe.

Have they sent you any written material yet?

E: you might consider running a credit report on yourself to see if there are any more of these little gifts out there waiting to be discovered

Incredulous Red fucked around with this message at 11:15 on Dec 7, 2011

# ? Dec 7, 2011 11:13

Choadmaster: Oct 7, 2004; I don't care how snug they fit, you're nuts!

Have You tried the debt collection thread?
http://forums.somethingawful.com/showthread.php?threadid=3234974

Not a lot of active advice anymore, but it might help you to read through some of it, in any case. IANAL, but my guess is the first piece of advice you'd get would be to immediately stop dealing with them over the phone, and contact them by mail instead (you want that paper trail) and probably ask them to validate the debt (send you paperwork proving its yours - ie contracts you[r thief] signed). Good luck...

Choadmaster fucked around with this message at 12:23 on Dec 7, 2011

# ? Dec 7, 2011 12:21

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Incredulous Red posted:

What are you trying to use the text message to prove?

The situation is my roommate broke something expensive in the apartment. Now that we aren't on friendly terms he's trying to stick me with half of it.

Via text message to me he admitted that he did it and said he would pay for it.

I'm trying to prove that he is responsible for the damage and that he has agreed to pay for it.

# ? Dec 7, 2011 13:29

Mr. Noon: Nov 9, 2007; by Ozmaugh

Incredulous Red posted:

Have they sent you any written material yet?

E: you might consider running a credit report on yourself to see if there are any more of these little gifts out there waiting to be discovered

Yeah, they sent a settlement offer to an old address. Got it on Sunday, which was the first I'd heard about this.

I ran a credit check on myself Monday and it looks as though that's the only issue.

Choadmaster posted:

IANAL, but my guess is the first piece of advice you'd get would be to immediately stop dealing with them over the phone, and contact them by mail instead (you want that paper trail) and probably ask them to validate the debt (send you paperwork proving its yours - ie contracts you[r thief] signed). Good luck...

I'm writing them a letter to that effect today. I did a Google search on them last night and found websites that claim they often try to pin people with completely made-up poo poo, so there's a very small chance that the entire thing is fabricated. Guess I'll found out for sure once I call Sprint.

Thanks for the link.

# ? Dec 7, 2011 17:30

Jan: Feb 27, 2008; The disruptive powers of excessive national fecundity may have played a greater part in bursting the bonds of convention than either the power of ideas or the errors of autocracy.

Yeah, thanks for the insight everyone, I hadn't thought of writing to my MP.
He's probably busy running for NDP leadership, and probably can't do much while the conservatives are in power, but it still is a far better bid than going through the CRTC.

Gleri posted:

The CRTC is one of the clearest examples of regulatory capture that you will ever find.

Well, I learned a new term, "regulatory capture". It does indeed match the CRTC to a tee.

# ? Dec 7, 2011 17:51

Incredulous Red: Mar 25, 2008

Azuth0667 posted:

The situation is my roommate broke something expensive in the apartment. Now that we aren't on friendly terms he's trying to stick me with half of it.

Via text message to me he admitted that he did it and said he would pay for it.

I'm trying to prove that he is responsible for the damage and that he has agreed to pay for it.

IANAL but my advice would be to use it to impeach him during direct examination.

# ? Dec 7, 2011 21:35

ibntumart: Mar 18, 2007; Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.; College Slice

Incredulous Red posted:

IANAL but my advice would be to use it to impeach him during direct examination.

There almost certainly won't be one since this is small claims court. The judge will have looked over all the evidence, will ask any clarifying questions he or she has, and possibly ask if the parties have tried to settle this outside of court or are willing to do so now. No one is going to get up in the witness stand for direct or cross.

# ? Dec 8, 2011 00:13

Huge_Midget: Jun 6, 2002; I don't like the look of it...

Hello legal goons! Long time listener, first time caller to this thread. I just received an email from Wells Fargo concerning changes in its arbitration practices. This document is rife with legalese, but if I am getting the gist of it, they are basically saying that in order to remain an account holder, you agree to legally binding arbitration if EITHER party requests it, and waive the right to a bench/jury trial. I'll paste the bullshit below, but if you can just confirm the evil bullshit I suspect, it will finally convince my wife to leave WF for a local Credit Union.

quote:

Important Change in Terms Notice
Dispute Resolution Program: Arbitration Agreement
This Addenda amends the Consumer Account Agreement ("Agreement"). All terms
defined in the Agreement will have the same meaning when used in this Addenda.
If there is a conflict between the addenda and the Agreement, this Addenda will
control. Except as expressly amended by this Addenda, the Agreement remains in full
force and effect.
Binding arbitration
If you have a dispute with the Bank, and you are not able to resolve the dispute informally,
you and the Bank agree that upon demand by either you or the Bank, the dispute will be
resolved through the arbitration process as set forth in this part. A �dispute� is any unresolved
disagreement between you and the Bank. It includes any disagreement relating in any way
to services, accounts or matters; to your use of any of the Bank�s banking locations or facilities;
or to any means you may use to access your account(s). It includes claims based on broken
promises or contracts, torts, or other wrongful actions. It also includes statutory, common
law, and equitable claims.
�Disputes� include disagreements about the meaning, application or enforceability of this
arbitration agreement. This arbitration agreement shall survive any termination of your
account(s). YOU AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY
TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this arbitration agreement, you and the Bank retain the right
to pursue in small claims court any dispute that is within that court�s jurisdiction. If either you
or the Bank fail to submit to binding arbitration following lawful demand, the party so failing
bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration procedure; severability
You or the Bank may submit a dispute to binding arbitration at any time, regardless of
whether a lawsuit or other proceeding has been previously commenced.
NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES
BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION
ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY
ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s) shall be
administered by the American Arbitration Association (AAA), or such other administrator as
you and the Bank may mutually agree to (the AAA or such other mutually agreeable
administrator to be referred to hereinafter as the �Arbitration Administrator�), according to
Effective February 15, 2012

# ? Dec 9, 2011 02:50

Feces Starship: Nov 11, 2008; in the great green room
goodnight moon

Just so you know, banks requiring arbitration clauses aren't atypical - in fact, you probably had one before from when you first opened your account and this new update just has some changes to the details.

I wouldn't be surprised if the credit union you're going to switch to also has such a provision, but more power to you if it doesn't! Arbitration blows.

# ? Dec 9, 2011 05:08

Incredulous Red: Mar 25, 2008

Huge_Midget posted:

Hello legal goons! Long time listener, first time caller to this thread. I just received an email from Wells Fargo concerning changes in its arbitration practices. This document is rife with legalese, but if I am getting the gist of it, they are basically saying that in order to remain an account holder, you agree to legally binding arbitration if EITHER party requests it, and waive the right to a bench/jury trial. I'll paste the bullshit below, but if you can just confirm the evil bullshit I suspect, it will finally convince my wife to leave WF for a local Credit Union.

Why is this a major concern for you?

# ? Dec 9, 2011 05:56

Buckhead: Aug 12, 2005; ___ days until the 2010 trade deadline

I like the little part about how disputes on the applicability of arbitration must be settled through arbitration.

# ? Dec 9, 2011 15:24

Huge_Midget: Jun 6, 2002; I don't like the look of it...

Incredulous Red posted:

Why is this a major concern for you?

Because I don't believe that anyone should force you into giving up rights in order to be a member/patron, use a service, etc. I know every ToS on earth is packed with poo poo like this, but this is mostly a principals thing, and frankly I'm tired of huge financial corporations doing everything in their power to dick consumers over.

# ? Dec 9, 2011 17:03

El_Elegante: Jul 3, 2004; by Jeffrey of YOSPOS; Biscuit Hider

Jesus just switch to a credit union and quit bellyaching. It's almost certain you already agreed to arbitration in previous agreements. Though I'm pretty sure credit unions are also going to have you go though arbitration.

# ? Dec 9, 2011 17:44

euphronius: Feb 18, 2009

Contracts of adhesion and forced arbitration clauses are complicated and controversial legal subjects where iirc enforcement depends on jurisdiction.

# ? Dec 9, 2011 17:49

dennyk: Jan 2, 2005; Cheese-Buyer's Remorse

CheerGrrl92 posted:

This question should be simple to answer. I just received my first parking ticket (but it was for being towed, I ran into the driver while he was doing it).

But here are the facts:

1) The ticket is not endorsed by the city (in Virginia), only the towing company. I do not have a parking citation.
2) The ticket is for a "drop fee" by the towing company.
3) I parked in a legally allowed spots with absolutely no signs (when I parked). Many other people did this. Because there are no signs, the zone is an area that you can park at indefinitely, so people leave there cars there when they know they wont have to drive for a week or so.
4) a temporary NO PARKING TUESDAY sign was erected on a tree with a rope. I dont know how long ago it was, but I have only been parked there for four days and it definitely wasn't there when I parked. They were towing about 8-10 other cars for the same reason.

So I want to contest the charge with a credit card company. I did not sign this ticket.. however, an officer did. I explained my situation to the officer and she said "well you aren't supposed to get towed if you were parked before the sign was erected, but the signs been there for at least two days" I repeat, it is not a city/government ticket.

If I contest this with my credit card company, am I OK? I am not saying I will win, but I don't want to get in trouble with the city for contesting a parking violation since the company is contracted by the city.

Also, can/will the police get towing information from the towing companies and issue citations based on what is reported? Basically what I am asking is since I do not have a parking violation from the city, can I still get one?

You need to check your city's parking laws. There's almost certainly a statutory limit on how long a car can be parked on a public street in your city, and it's almost certainly much less than "several days." Just because the limit is not usually enforced in that area doesn't mean it doesn't exist, and if your car was parked there for longer than that statutory time limit, the city will have the right to have it towed at your expense. The fee is between you and the towing company, but as long as the tow was legal, the towing company has the right to charge you, and will probably take you to court and/or send it to a collection agency and ding your credit report if you do a chargeback.

# ? Dec 9, 2011 18:41

LiterallyAnything: Jul 11, 2008; by vyelkin

I think this is probably the best place to ask this-

A few years ago I worked some hours in a seasonal position at a catering company and I never ended up receiving my final paycheck. I remember e-mailing payroll and after going back and forth numerous times I finally got them to send it out, or at least they said they did but I never got it. I e-mailed them back but they said there was nothing they could do for me at that point.

It wasn't much and I had a lot going on at the time so I eventually forgot about it, but thinking about it now it kind of irks me. Is that money totally lost? Is there anything I can do about it?

# ? Dec 9, 2011 23:34

entris: Oct 22, 2008; by Y Kant Ozma Post

Brady posted:

I think this is probably the best place to ask this-

A few years ago I worked some hours in a seasonal position at a catering company and I never ended up receiving my final paycheck. I remember e-mailing payroll and after going back and forth numerous times I finally got them to send it out, or at least they said they did but I never got it. I e-mailed them back but they said there was nothing they could do for me at that point.

It wasn't much and I had a lot going on at the time so I eventually forgot about it, but thinking about it now it kind of irks me. Is that money totally lost? Is there anything I can do about it?

If you never received the check you can keep bugging them to send another one. They owe you the money, they don't get to say "oh sorry you never got the last check, but we aren't responsible anymore" - if that worked, every company would "send" a check and then conveniently not be responsible for making payment.

Try bugging them again. If it doesn't work, you could theoretically sue them in small claims court, although that's almost certainly more hassle than it's worth.

# ? Dec 9, 2011 23:43

Incredulous Red: Mar 25, 2008

Brady posted:

I think this is probably the best place to ask this-

A few years ago I worked some hours in a seasonal position at a catering company and I never ended up receiving my final paycheck. I remember e-mailing payroll and after going back and forth numerous times I finally got them to send it out, or at least they said they did but I never got it. I e-mailed them back but they said there was nothing they could do for me at that point.

It wasn't much and I had a lot going on at the time so I eventually forgot about it, but thinking about it now it kind of irks me. Is that money totally lost? Is there anything I can do about it?

How much money and how long ago? Also, what state?

# ? Dec 10, 2011 00:17

LiterallyAnything: Jul 11, 2008; by vyelkin

entris posted:

If you never received the check you can keep bugging them to send another one. They owe you the money, they don't get to say "oh sorry you never got the last check, but we aren't responsible anymore" - if that worked, every company would "send" a check and then conveniently not be responsible for making payment.

If I remember correctly I think the response I got was "if you want us to send another you'll be charged a $30 processing fee" something-or-other. Does that change anything?

Incredulous Red posted:

How much money and how long ago? Also, what state?

I think it would have been around $40, not much at all but it'd be nice to have. This is in Florida back at the end of 2007 I believe.

# ? Dec 10, 2011 00:22

oh snap: Apr 17, 2003

I posted a few months back about my divorce case. The lawyer my wife is using is the same lawyer we used for the closing on our house (he's also a family member). I thought he had a conflict given his prior representation of me, and a few goons agreed. He, of course, said there was no conflict. I filed a motion for disqualification in Family Court. The magistrate verbally denied the motion but never issued a written ruling.

Cut to the present and we're in Supreme Court. I refiled the motion to disqualify (prematurely, that was my mistake). Her attorney tells me that the matter has already been settled and if I try to re-file he will ask for sanctions imposed against me for filing a frivolous motion.

I think he's just trying to scare me. It's a different matter (divorce/custody/distribution of assets vs. child support) in a different court.

I think my motion has merit given his prior representation of me and a few other factors.

Is there any chance a judge will impose sanctions against a pro se litigant for filing the same motion after it was denied in a lower court?

# ? Dec 10, 2011 02:48

Incredulous Red: Mar 25, 2008

Brady posted:

I think it would have been around $40, not much at all but it'd be nice to have. This is in Florida back at the end of 2007 I believe.

Let it go. ~~That is legal advice.~~

# ? Dec 10, 2011 03:08

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

oh snap posted:

I posted a few months back about my divorce case. The lawyer my wife is using is the same lawyer we used for the closing on our house (he's also a family member). I thought he had a conflict given his prior representation of me, and a few goons agreed. He, of course, said there was no conflict. I filed a motion for disqualification in Family Court. The magistrate verbally denied the motion but never issued a written ruling.

Cut to the present and we're in Supreme Court. I refiled the motion to disqualify (prematurely, that was my mistake). Her attorney tells me that the matter has already been settled and if I try to re-file he will ask for sanctions imposed against me for filing a frivolous motion.

I think he's just trying to scare me. It's a different matter (divorce/custody/distribution of assets vs. child support) in a different court.

I think my motion has merit given his prior representation of me and a few other factors.

Is there any chance a judge will impose sanctions against a pro se litigant for filing the same motion after it was denied in a lower court?

Not knowing your jurisdiction, judge, relationship between the two courts and the two actions (though I suspect it's all under the same case number, so same case), jurisdictional and local rules, I can without a shred of authority say "probably not."

Without even having to know your jurisdiction, judge, relationship between the two courts and the two actions, jurisdictional and local rules, I can with pretty strong authority say "GET AN ATTORNEY"

To quote the wayback machine,

Joat Mon posted:

Get an attorney.

Given your sharing of financial information, I'd say your divorce is a substantially related matter - he's got a conflict.
To quote the comments of my State's ethical rules:

quote:
Rule 1.9. Conflict of Interest: Duties To Former Clients. posted:

Comment: ... For example, a lawyer who has represented a businessperson and learned extensive private financial information about that person may not then represent that person's spouse in seeking a divorce.

If the case gets to the point where he would likely be called as a necessary witness, he'll have another conflict.

Get an attorney.
He/she will know how to handle this better than you.

The bolded stuff is the important part.
The attorneys I know who get divorced sure as hell don't go pro se.

# ? Dec 10, 2011 03:29

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# ? Apr 27, 2024 12:53

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

joat mon posted:

Get an attorney.
He/she will know how to handle this better than you.

The bolded stuff is the important part.
The attorneys I know who get divorced sure as hell don't go pro se.
[/quote]
Seriously, a divorce is likely going to be the most important legal event of your life. You need a lawyer.

# ? Dec 10, 2011 03:56

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