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sexily posted:I looked for pro bono stuff in my area, but came up empty. Are you in the SF Bay Area by any chance? Bay Area Legal Aid has pro bono family law assistance if you qualify, and if not, they probably can give you a referral at least.
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Aug 22, 2011 05:07
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visuvius posted:Yeah okay its community property. The entire IRA and 401(k) amounts are community property to the extent you contributed to them after marriage. The amount beforehand isn't. So if you didn't start contributing to either until you two were married, well, yes, community property all the way. But you probably want to a divorce attorney soon if this is a large amount you're worried about. Especially for the 401(k), which is trickier to divide.
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Aug 27, 2011 04:18
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GregNorc posted:I was wondering, since someone in this thread might know: If I get a legal judgement, I can sell the debt right? To like, a collection agency? So maybe I get a judgment for 2400.00, and I sell it to a collection agency for half (which was the original deposit to begin with). I get my deposit back, and the landlord gets the joy of having debt collectors calling. My understanding is that you would assign the debt to an attorney with the agreement that he or she would take a percentage of the recovery, then give the rest back to you. That could be anywhere from 20% to 50%, depending on the amount and the attorney. Though I don't practice debt collection, so take that with a grain of salt. GregNorc posted:Is this a decent plan? The attorney general's office made it sound like they are great at getting a judgment, but collecting on it will be a major pain in the rear end, so this seems like an efficient way to get my refund (and subject the landlord to a collections agency, which would be kind of hilarious. Do you have a canceled check for any of the rent checks you paid? Then you know the bank your landlord uses from the deposit stamp on the back. Generally speaking, that would be enough information to go to court and effectively have the judgment enforced: you know where he banks and can ask the court to freeze his account until he pays up. (That wouldn't necessarily work in, e.g., California; here you can only go after the bank where the person physically opened the account, not any of its other branches. Don't know how that works for online only banks.)
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Aug 28, 2011 00:38
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You might have better luck with your state's Labor Department rather the federal DOL. Arizona's Labor Department is part of the Industrial Commission of Arizona. This is a link to both contact information and the wage claim form: http://www.ica.state.az.us/Labor/Labor_WagClm_Wage_Claim_Forms.aspx
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Aug 29, 2011 06:11
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euphronius posted:A $3500 retainer for a custody case sounds completely outrageous. But I don't know your locality so it may be normal. My instinct is you could find an attorney whose retainer, if any, would be 1/10th of that. You should be able to talk to an attorney for 30 mins for like $50 through a local bar referral service. I am curious which locality has divorce attorneys that ask $350 retainers for contested custody cases. Should be sleeping posted:Believe me, we're saving for an attorney, will be able to get that in a few months, however in the mean time we are filing papers with the help of the local legal clinic, and we were wondering on the forms we're filing with the courthouse tomorrow if she has to put her current legal last name on the response forms, or is there a certain way of listing it officially, like nee , except for a married name. Several options spring to mind: 1) You could ask the local legal clinic how to handle the erroneous name issue. 2) Your wife can call a court clerk, explain she's pro per, and ask if she needs to do anything special when filing her response. 3) Alternately, ask someone from the legal clinic to call the court clerk. The clerk may be willing to give help to an attorney he or she might not to pro per caller. Does your clinic offer pro bono representation by any chance? Or maybe someone there could direct you an attorney who can at least give you some legal coaching (as opposed to taking on the case himself/herself)?
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Sep 28, 2011 12:39
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euphronius posted:I think retainer practice is a regional / local thing. The amount and specific details---e.g., evergreen or not---would, sure, but I still have to admit scepticism in regard to there being many family law attorneys who take on custody cases without a retainer, whatever the amount. Speaking of amount, I'm with gvibes: $3,500 isn't unusual, at least in California. euphronius posted:If Should be sleeping walked into my office I would not even make them pay a retainer because 1. They both have jobs and make good money and 2. They have a house. Nothing against Should be sleeping, who I'm sure is upright and would pay his attorney, but in general, I don't think having a house or steady, well-paid employment necessarily matters. They are evidence of ability to pay, not inclination to do so. You have no way of knowing if a stranger will be an honest client or be the type to refuse to pay the balance due when the matter's ended, or the sort to hit you with a malpractice claim if you pursue what you're owed in court or via collections. If you're not working on contingency or pro bono, then a retainer just seems common sense. Granted, things may be different in your particular location, but I think what I wrote holds true for most legal markets in the US.
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Sep 28, 2011 21:31
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A dissolution IS a divorce. The terms are equivalent.
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Oct 15, 2011 01:56
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NancyPants posted:I'm not a lawyer so this is not legal advice. As far as I know, a check is basically good indefinitely, and I'm not sure you can force someone to cash one at a specific time. Caveat: This is not legal advice or an offer for representation. This is neither an area of law or jurisdiction in which I practice. Generally, a check is assumed valid for six months from the date issued, after which a bank *may* decide to cash the check. This is from the Uniform Commercial Code, which is not itself law, but each state has adopted a version of the UCC. The relevant part in Washington's version would seem to be this: RCW 62A.4-404 Bank not obligated to pay check more than six months old. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.
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Oct 17, 2011 07:00
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john mayer posted:I wouldn't take this too much to heart. I work in a bank, and while we would never cash a check that old, people come in all the time complaining their super old check was cashed by a business and there's not much that can be done. Businesses do it all the time. Same with postdated checks and a bunch of other weird stuff we wouldn't accept. The statute fits what you said: a bank can cash a check presented for payment after the six month point, but the bank is also free to not do so. The relevance of this to the original questioner is that the landlord might present the check for payment months in the future and if there's no stop payment order, the check might be honored.
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Oct 17, 2011 21:33
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Incredulous Red posted:This is why I don't want to practice family law. There are no possible outcomes where your client will be happy with you. Sure there are. They may not be happy with the fact they're getting divorced, but clients do tend to be happy with someone they trust who navigates the legalities and fights for a good settlement.
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Oct 19, 2011 20:04
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First things first: I'm not your lawyer, not licensed in your state, not legal advice. If you paid by check, that means you can get copies of the canceled checks from your bank. That plus the receipts should be ample evidence to the building manager that (1) you did indeed pay the extra $100 per month and (2) you're organized enough to present evidence to that effect at court if it goes that far. Out of curiosity, what did the old lease list as the rent and amount owed for utilities? And did the landlord ever give you any written notice of the higher rent amount owed? Also, this might help you: http://www.lawhelp.org/documents/1593216300EN.pdf?stateabbrev=/WA/
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Oct 30, 2011 02:57
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bEatmstrJ posted:I'm fairly certain the lack of overtime is against the law.... Is the employer saying that the employees can work extra hours in a week they're already working, but won't be paid for overtime even if that puts them over forty hours that week or eight that day? If so, then there's a problem. Or is the employer offering extra hours up to, but not over, forty in the week or eight a day? bEatmstrJ posted:but i'm wondering if a company can just close down a few days and make you use your accrued time off to cover the difference. The employer isn't not making the employees use any accrued time off, though. The employer is just saying that if the employees want to offset not working those two days, they can go ahead and use some of their sick or personal time. The employer doesn't have to allow using sick days for holidays. Though I don't get what "personal time" means. Does the employer have a general PTO bank? Or is the split really sick days-vacation days-personal days? I've only ever seen the three together in collective bargaining agreements. Is your sister in a union?
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Nov 4, 2011 05:40
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bEatmstrJ posted:I think its a combo sick/personal necessity bank and a separate vacation bank. My gf only has about 8 hours of sick time left and they are saying they want employees to use that time instead of vacation time (but they will TRY to push through a vacation time request instead since she doesnt have the hours needed). Strange, but the employer isn't obligated to approve a specific vacation day request, so I suspect your girlfriend is really at the mercy of her supervisor here. bEatmstrJ posted:And yes, the make-up hours would be in addition to the already scheduled 40 hour work week. So they want employees to work more than 40 hours and the difference will be used to make up the time off for holidays. This is where it gets a mite bit tricky. California does actually allow makeup time, but only in very limited circumstances would an employer not owe overtime otherwise due. Here's Labor Code § 513 on make-up time: quote:If an employer approves a written request of an employee to make-up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that make-up work time, if performed in the same workweek in which the work time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except for hours in excess of eleven (11) hours of work in one (1) day or forty (40) hours of work in one (1) workweek. If an employee knows in advance that he or she will be requesting make-up time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make-up work time for up to four (4) weeks in advance; provided, however, that the make-up work must be performed in the same week that the work time was lost. An employee shall provide a signed written request for each occasion that the employee makes a request to make up a work time pursuant to this section. While an employer may inform an employee of this make-up time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take personal time off and make-up the work hours within the same workweek pursuant to this section.
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Nov 5, 2011 09:19
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nern posted:Here is the situation I am looking for helpful information about : Has she tried contacting the probation officer?
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Nov 16, 2011 19:58
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nern posted:the PO could not provide her with her current address directly. but the PO was unsure as to whether she could provide legal services with his address for service of the divorce papers. she should hear back from the PO tomorrow. Does she know where and when he meets with the PO? Legal services can have a process server or sheriff's deputy serve the papers personally. Or maybe they can mail the paperwork to him care of the PO's office via certified mail with return receipt. She should ask anyway.
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Nov 17, 2011 00:37
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nern posted:she has no info about when or where he meets with his PO. Hopefully she will get some good info from the PO tomorrow. If not, the next step will be either this or going for the service through publication. But she does have the court information for his conviction, right? She could call up to find out the local probation office's address. Though why the PO doesn't just give her that information is odd as probation office addresses are public.
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Nov 17, 2011 03:16
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Pinkied_Brain posted:Now the question - I already disputed the ticket and intend to plead not guilty, the court date is scheduled for March of next year. I am wondering whether this 15 vs 20 detail would justify a dismissal of the ticket. The cop himself said I was going 15, but the ticket says 20, so it's filled out incorrectly. Can I use this? Anything else I can do here? I want to make sure I understand. Your ticket is for running a stop sign and you want to argue in court that you are not guilty of running a stop sign because you did so at 15 MPH rather 20. There must be something I missed in your post because this makes zero sense. Are bicyclists in the city not required to stop at stop signs?
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Nov 17, 2011 03:52
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Incredulous Red posted:If it's California, the correct answer is "trial by written declaration". And don't admit you ran the stop sign in your declaration. That just means Pinkied_Brain can contest the ticket without going into court, though; this isn't some sort of technicality that's going to get him or her off. Granted, if the judge rules against Pinkied_Brain, there's the option of requesting a new (in-person) trial, but again, that doesn't mean he or she will have the ticket magically go away. Also, I imagine the officer would be pretty likely to respond since he or she can write the response on the clock without even having to get up from their chair. No need to spend the morning in court.
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Nov 17, 2011 07:07
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Robo Olga posted:I live in California. My husband and I were served with notice that a small claims court case was being filed against us in South Carolina back in August to have money released that was being held in an escrow account. We responded to that notice and countered that the money should be released to us and sent our evidence along with that as requested by the court. You might want to call the clerk back and ask what the procedure is for filing an appeal. The clerk might balk at this and claim you're asking for legal advice, but make clear you just want whatever packet and forms a small claims litigant ordinarily would receive and that you would be fine with a link to the relevant small claims website.
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Dec 2, 2011 21:17
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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.
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Dec 8, 2011 00:13
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B B posted:So, uh, can my landlord force me to keep my blinds down? I'm currently renting a small room in a single-family home in a gated community. My room doesn't have an overhead light in it, so during the day, I prefer to have my blinds up to get some natural light in the room. Every time I put the blinds up, the landlord gets on my case, and starts talking about how the community is "very private" and he insists that I put my blinds down--basically turning my room into a bat cave. (Prior to moving in, I was promised a light source--and they gave me a small, single-bulb lamp that lights roughly one corner of my room). He could always decide not to renew your lease, I guess. Other than that, I'm not sure there's much he can do other than bitch at you about the blinds when he sees you.
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Dec 12, 2011 06:18
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oh snap posted:I know you're trying to be snarky, but everything you said is true. Every "real, trained attorney" I've spoken with has said that winning custody is near impossible for a man. In NY, 90% of divorces are settled out of court and of those that go to court the mother is awarded custody 80% of the time. If the odds of this going to court and my winning custody are ~2% I don't think it's worth it. Especially since there's an offer on the table that's very much in my favor. You keep saying you're not going to get custody, but then you also keep saying you're going to get shared custody. Joint custody = you get custody. Maybe not 50/50 or even close to it---which is odd since you mentioned much earlier in the thread you have been taking caring of them an equal amount---but you are still getting custody. You also mentioned upthread that you had just done a "paint-by-the-numbers" discussion with the attorneys you did initial consultations with. That is helpful for a general overview of the divorce process, but not for your specific case. I don't know and don't want to know all the nitty-gritty personal details in this matter, but do bear in mind that a family law attorney who did might have given you a different picture about getting more time with the kids. Though if all of them were saying almost never get custody, they're loving morons. Most fathers get partial physical and legal custody. Almost every father who actually fights for it, in fact, will get substantial custody awarded (by fight I mean doesn't assume horror stories about men getting shafted and women having all the rights in divorce court are Gospel truth). Plus the attorney would probably have had an easier time getting that bullshit "Oh there's no conflict of interest just because I worked as the other side's attorney on another matter involving intimate knowledge of our household finances" dealt with.
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Dec 12, 2011 19:11
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Waltzing Along posted:I have a friend in CA that wants to file for divorce. DIY divorce kits are a bad idea in general, but this definitely is not the answer for your friend. Her resident alien status might make this a lot more complicated. She should consider consulting both a family law attorney *and* an immigration law attorney.
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Dec 23, 2011 09:49
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Oisin posted:I want to construct a commercial recipe database (in Canada). The following are my questions: Edit: Never mind, totally missed you were in Canada.
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Dec 27, 2011 00:33
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nm posted:The fact that we have a attoney's union is pretty sweet) contract specifies when I get paid by. Do you mean an actual union of and for attorneys? I am filled with wonder and even a dash of hope if so.
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Jan 1, 2012 19:41
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nm posted:Yes. We're government employees though. That is not as surprising, then (or hope-inducing, but ah well, I'm starting my own practice next year anyway).
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Jan 2, 2012 01:11
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Baruch Obamawitz posted:Yes May I ask what you base your unqualified yes on?
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Jan 9, 2012 23:02
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Baruch Obamawitz posted:17 U.S.C. §§ 102, 105. Great, but what do you do with Veeck then? Sure, it's a Fifth Circuit decision and not binding elsewhere, but it's not as if the judges reached their decision in a vacuum.
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Jan 10, 2012 05:47
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bobula posted:Does anyone have any advice on making a claim to the SSA or suing in order to obtain a social security number? The SSA website doesn't make it sound as intensive as your local office is trying to make it: http://www.ssa.gov/ssnumber/ss5doc.htm
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Jan 24, 2012 19:09
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bobula posted:I know!! They have really basic requirements listed there. As soon as I show the clerk at the office what I have though, they put on a rejection face and say it's not enough, they need this and that. I have everything the application says I need. I've been to four different local offices in the LA area and have received variations on the same theme. I second Ashcans's advice: see if your Representative can help cut through this red tape. Here's a list of all the US Representatives for (the city of) Los Angeles: http://en.wikipedia.org/wiki/List_of_elected_officials_in_Los_Angeles#U.S._House_of_Representatives
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Jan 25, 2012 06:47
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visuvius posted:Hahaha yes clearly I will not be flipping out in my correspondence with the California State Bar. I figured I could let out a little steam in the SA legal thread. Just in case you needed it, this is the California State Bar's attorney complaint page: http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx visuvius posted:My main concern was posting a google or yelp review and getting a libel lawsuit 6 months down the line. As long as what I say is truthful, I'm guessing I'll be okay. In California, an attorney must agree to fee arbitration if a client or former client asks. Contact your county's Bar Association for details (they might also offer mediation). This should not be very expensive, but you can check on this list to see how much it costs in your area. I imagine the cost is split equally between the attorney and client, but don't quote me on that; also, you might be able to get a fee waiver.
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Jan 26, 2012 05:53
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dvgrhl posted:Can anyone tell me how to sufficiently serve someone for small claims court if you don't know their home or work address? This is for Washington state. This person is no longer employed at the place where she was last known to work, and she didn't leave a forwarding address at her last residence. The court clerk wasn't really willing to give a lot of info on this. She may not have left a forwarding address with her former landlord, but that doesn't mean she didn't update her address with the Post Office. If so, you can find that address out by simply writing this on the notice of service you mail her: “Address Correction Requested---Do Not Forward.” The Post Office should return the letter to you with her current forwarding address on it.
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Feb 1, 2012 05:17
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Trillian posted:The fact that you said "that guy" means you missed out on the funniest part of that post, which is that the complainant was until recently a literal crack whore. How the gently caress is that relevant to anything? She asked a slightly silly question (though still valid for the thread), so you dump on her for sharing (in a different thread from last year, no less) a very difficult part of her life that she's since turned around? Of the two of you, she's not the one being an rear end in this thread.
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Feb 12, 2012 00:03
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Cup of Hemlock posted:California goon here. Noticed that my employer still has the federal and state employment and labor laws (including minimum wage requirements, etc.) from 2009 posted in the breakroom. It can't be that hard to order replacements, right? Are they mandated to update this every year? One consequence I can think of is underpaying those working for minimum wage or just above it because the employee doesn't bother to notice the year of printing. Probably other consequences as well. This is from the California Department of Industrial Relations workplace postings FAQ: quote:Do I have to replace postings every year? How will I know when I need to replace them? Though that's just California law. I believe federal law does require a yearly update.
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Feb 16, 2012 08:50
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Tipped employees still have to be paid minimum wage. If the tips added to the base waitstaff wage doesn't add up to at least that, then the employer is required by federal law to make up the difference.
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Feb 17, 2012 09:03
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Kneel Before Zog posted:Yes this is exactly the case. OSHA is saying they have a recording of him saying 'I fired you because of the complaint' which he says isnt true. Who handles OSHAs legal proceedings? Do they have a legal team who takes you to court or do they just fine you and you have the option of going to court to appeal? Did the Department of Health come because of the OSHA complaint or did she file a separate complaint? And does the Florida DOH have any statute prohibiting retaliation against an employee who files a claim? I will point out that you just admitted he fired her because she filed the claim, by the way. Sure, he may have given her two weeks' notice of her termination date, but he didn't *actually* terminate her at that point. He did terminate her the day the DOH showed up, which would look bad enough, but you went so far as to say he did it "out of anger," i.e., out of a desire to retaliate against her making the claim. Whether that's a legally problematic act of retaliation would depend on which agency she filed with, and if it's the Florida DOH, whether the protection Florida offers those who file claims with the DOH. Mind you, those sorts of statutes also usually have language about the claim being made in good faith, which you allege was not the case in this situation. So that might help your employer if his lawyer can present credible evidence of bad faith.
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Mar 1, 2012 20:41
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Kneel Before Zog posted:Separate complaint. Generally speaking, that doesn't matter when it comes to retaliation. What's relevant is that an employee filed a complaint, the employer found out that the employee filed the complaint, and the employer disciplined or terminated the employee because of the complaint. Really, though, your employer should talk with a defense-side employment law attorney. Hyperbolic posted:I'm kind of hoping that the case will get dismissed like in so many of the others turning up in my searches, but I'm at a loss of how to achieve this. Can anyone set my mind at ease? Besides the EFF site, you might also want to check out this one: http://fightcopyrighttrolls.com/ I'll second the advice to consult a lawyer. There is such a thing as an anonymous Motion to Quash, but that's something you really want to talk to a lawyer about.
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Mar 2, 2012 06:28
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Did her accountant give any reason why she couldn't just file a 1040X?
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Mar 9, 2012 05:20
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spregalia posted:Stupid question. My waiter and waitress friends always complain about patrons who leave without paying and how it comes out of their wages. Is this even legal or is it a bar/restaurant owner abusing his staff? This is illegal (albeit widespread practice) in most states.
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Mar 14, 2012 23:28
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Not your lawyer, not a lawyer in your jurisdiction, this is not legal advice or an offer of representation.Powdered Toast Man posted:Couple of employment-related questions. Not being able to do your job well isn't usually a legal grounds to deny unemployment in the first place: the refusal to do the job in the first place, or willfully doing a bad or lazy job is what generally results in a claim denial. This is what the Georgia DOL website has to say: Can I draw benefits if I was fired? posted:If you were fired from your job, you will not be able to draw benefits if your former employer can show that you were fired for failure to follow rules, orders, or instructions, or for misconduct on the job. The only way to know for sure whether you are eligible if you are fired is to file a claim. The department cannot make a predetermination of eligibility before a claim is filed. Powdered Toast Man posted:2. I realize this may not be covered in labor law at all, but I thought I'd ask anyway. I have solid evidence that people in my company are directly retaliated against (and in two cases, eventually terminated, see above) for reporting legitimate concerns about harassment and other matters to the HR department. I already know it's against the company's own written policies that everyone agrees to; I just wondered if that was also illegal. Probably not since I'm in an at-will state which has a "gently caress you" attitude towards workers (Georgia). Federal law prohibits retaliation against an employee for reporting illegal employer harassment. The employees should contact their local EEOC branch to let them know what's up.
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Mar 29, 2012 09:05
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