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euphronius
Feb 18, 2009






Caydence posted:

Hopefully this is the right thread. I have a question about if I have any options here.

I recently changed jobs, and my old job told me my last paycheck would be on Sep 1st. Sep 15th rolls around and I get another paycheck.

Being a nice guy, I email the HR lady and ask if this was correct. I get an autoresponse that she was out that day, so I forward the question to the HR guy. He forwards it to finance, who responds that yes, that paycheck is valid and mine.

The HR lady gets back in the next day, and says she will look into it. I reply that there is no need, as I already got my answer.

Toward the end of the day, I get an email from the HR lady saying the paycheck was a mistake, and that it needs to be payed back. Do I really have to give it back? (I made plans for it, yes all in one day.)

The second question is, they took my bankruptcy payment out of this latest not-supposed-to-be-there paycheck, and mailed it to the court. Are they going to ask for that back as well?



Thanks guys and gals!

In general you are not entitled to payments in mistake. The party that made the mistake can get it back.

The bankruptcy thing is a complication that don't even want to touch other than saying parties that make payments in mistake usually want all of their money back, regardless of actions by third parties.

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euphronius
Feb 18, 2009






Can you put a $ figure on your alleged damages? Excluding broken missing things.

euphronius
Feb 18, 2009






I can imagine a judge asking you "If you moved out why did you leave your stuff there?"

euphronius
Feb 18, 2009






Chinese Batman posted:

How would I go about gaining a copy of my Grandfather's will, without going out of state? I don't particularly trust that side of my family and want to see it for myself.

You can ask him to see it? Or is he already dead?

euphronius
Feb 18, 2009






entris posted:

Has an executor for his estate been appointed? If so, your grandfather's will has probably been submitted to a court somewhere, and the executor is almost certainly required to provide copies of the will to your grandfather's heirs. So you could call the court in the county/city he lived in, or you can request a copy from the executor.

Yes. This is exactly what I was going to say.

euphronius
Feb 18, 2009






Macaronic posted:



Thanks for your advice, goons.

You should get a lawyer. Hah, the answer for every question. But no, really.

You should also be able to contact a women's resource or legal center in your area. I don't know where you are or what laws your state has but many states will have specific ways they may help you (for free many times).


A Fistful of Dicks posted:



I'm certain there's a way to do this via a limited power of attorney, but I can't find a good template or example to follow to help him draft it. I'm also worried that anything short of a durable PoA with a broad scope wouldn't be accepted by banks and other institutions.


Stop trying to practice law and tell him to hire a lawyer to draft a POA.

euphronius fucked around with this message at 18:02 on Sep 23, 2011

euphronius
Feb 18, 2009






Without responding specifically to your question: non-competes can be and are enforced in PA. The thing a judge usually looks for is 1. was it bargained for/was there consideration 2. is it reasonable in geographic scope 3. is it reasonable in time.

I can't apply any of that to your facts though, sorry.

euphronius
Feb 18, 2009






I am talking in general here, not about your specific facts:
Usually a company sues and asks for damages or an injunction to get the person to stop working. I am pretty sure injunctions are rare. Penalties are only for misdemeanors and crimes. It is not a crime to violate a non-compete, unless there is a court order forbidding you to do so.

euphronius
Feb 18, 2009






ganglysumbia posted:

I applied for a court appointed attorney but was denied due to "Jail not likely".
It was a misdemeanor traffic offense.

Is there a way I can appeal this decision or do I just have to try and find a cheap attorney somehow?

You can mostly likely call your local Bar Association and talk to a local attorney for 30 mins for like $50.

euphronius
Feb 18, 2009






Custody is not a simple thing and get hairy, fast. Especially when the other side lawyers up and you are sitting there derping around.

euphronius
Feb 18, 2009






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.

euphronius
Feb 18, 2009






I think retainer practice is a regional / local thing. From my experience lawyers do not really talk to each other about how they specifically bill things (because of antitrust issues.)

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.

euphronius
Feb 18, 2009






Yeah I guess it really is regional/local. Malpractice claims are exceedingly rare here.

euphronius
Feb 18, 2009






Custody laws are state by state. In some states third-parties (ie not the parent) may have standing for custody if the kids lived with them for significant periods of time or if the court determines they have acted in loco parentis.

euphronius
Feb 18, 2009






jcschick posted:

I wish I could figure out what the custody laws are in Pennsylvania but googling it gives me a gazillion loving ads for lawyers and no information.

You are welcome

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM

euphronius
Feb 18, 2009






I did not read it carefully but there does not appear to be any consideration. The liquidated damages clause at 8. is also laughable.

euphronius
Feb 18, 2009






It claims it is a contract. IN a valid contract there has to be consideration. http://en.wikipedia.org/wiki/Consideration

8 is laughable because i doubt it would ever be enforced by a court.

But I don't know anything about CA so who knows.

euphronius
Feb 18, 2009






Huh Ohio is strange. That dissolution would be called a divorce most anywhere else.

euphronius
Feb 18, 2009






UC hearings are in front of a Referee and not all that formal. Well formal is relative I guess. Some people would find them formal but they are not as strict as a trial.

euphronius
Feb 18, 2009






That70sHeidi posted:

find a free one

Good luck with that.

Honestly though if you are truly poor you probably qualify for community legal assistance. What county are you in?

euphronius
Feb 18, 2009






http://www.nlsa.us/index.html

euphronius
Feb 18, 2009






Sexual assault is a crime. You would need to report it to the police who would forward it to the DA.

There are also torts such as battery I guess but what are your damages really.

euphronius
Feb 18, 2009






Give me an example of big damages for sexual assault. Besides physical injury leading to disability or whatever.

euphronius
Feb 18, 2009






Solomon Grundy posted:

I have two. Jury verdict on date rape for $175k that my partner defended. $600,000 verdict a lawfriend of mine got against a school system for failing to report repeated sexual molestation of a teenager by a teacher. Depends on the circumstances.

I would be interested to hear what the damages were. That is interesting.

euphronius
Feb 18, 2009






It costs like $50 to talk to a lawyer for 30 minutes in most areas.

Look at this

http://www.wisbar.org/AM/Template.cfm?Section=LRIS&Template=/CustomSource/LRIS/index.cfm&area=3

$20 for 30 minutes. I know you have $20.

euphronius fucked around with this message at 20:19 on Nov 19, 2011

euphronius
Feb 18, 2009






If you are truly that poor that you don't even have $20 (what the hell?) then call these people http://www.legalaction.org/content/index.cfm?cm_id=17

euphronius
Feb 18, 2009






Well you have a child support thing maybe to including your expungement.

euphronius
Feb 18, 2009






Eviction can start 10-15 days after a notice to quit depending on some facts. Then there has to be a hearing in front of a District judge.

I won't address your specifics, sorry.

euphronius
Feb 18, 2009






I am pretty sure the Delco bar will let you talk to a lawyer for 30 mins for like $50. They are in Media somewhere.

Also, Goons, stop doing oral leases for fucks sake.

euphronius
Feb 18, 2009






Edit

Anger makes me say things I should not. Sorry.

euphronius fucked around with this message at 03:22 on Dec 2, 2011

euphronius
Feb 18, 2009






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

euphronius
Feb 18, 2009






Good luck going pro se in a contested divorce.

euphronius
Feb 18, 2009






prussian advisor posted:

Because you're poorly positioned to know what a good or even normal set of concessions looks like, numbers-wise, since you haven't seen the outcomes of many of these cases like a divorce lawyer would. You can understand the procedure fine and still get hosed because you don't have a sense of what the judges and attorneys in your area consider reasonable or fair. This, plus accepting untrue stereotypes as true (men never getting custody; men seldom get exclusive custody, but that's because exclusive custody itself is rare absent a total lack of interest by the parent, since it's not seen as being in the child's best interest,) are the reasons why proceeding pro se is such a horrendous idea; lack of experience and familiarity with outcomes means you won't even realize you were screwed until long after its way too late.

I agree with this statement in its entirety. Going pro se in a contested divorce is dumb. It is slightly less dumb in a non-contested divorce.

euphronius
Feb 18, 2009






Rephrasing:

Generally, venue for a claim is based on where it arises. In Landlord-Tenant, the municipality or district where the rental property is is usually always where you can file a claim arising out of renting that property. The landlord, no matter where they are, should be on notice to expect claims from that municipality or district.

Personal jurisdiction is a wonderfully complex and interesting topic though with tons of Constitutional ramifications! Most states have "long arm statutes" that give the state jurisdiction of some classes of people or persons who happen to be out of state.

euphronius fucked around with this message at 19:53 on Dec 15, 2011

euphronius
Feb 18, 2009






Sometimes I wish I could give straight answers.

euphronius
Feb 18, 2009






If you are making a material misrepresentation at any point in the transactions then you have to worry about fraud.

euphronius
Feb 18, 2009






Hey guys my house is only worth 100,000, but it is insured for over 200,000. What if I burn it down and then try and collect insurance on it? I could rebuild the house and turn a tidy profit of 100,000. Do you think that is a good idea and would there be any legal ramifications?

euphronius
Feb 18, 2009






If you are making an intentional, material misrepresentation that is probably bad.

euphronius
Feb 18, 2009






nm posted:

How did you get a policy for $200,000?

I was not being serious.

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euphronius
Feb 18, 2009






Your dad's estate will pay the lawyer, not you, in all likelihood. So call a lawyer, tell her your story. But for god's sake call a lawyer.

Ceveat: I do not know Louisiana law.

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