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Scire as in scire facias?
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May 1, 2012 16:18
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I found one for a health care power of attorney in the statutes, but not one for anything else. I was just searching Kansas State Legislature Online, though. AFAIK Texas (my state) only has a statutory health care one as well.
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May 2, 2012 20:32
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Baruch Obamawitz posted:You're dumb as hell, Jesus What's your theory on that?
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May 3, 2012 02:31
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muscat_gummy posted:I'm in Texas and have a question about housing: can a 1/1 duplex unit (not an efficiency, an actual 1/1) be limited to 1 occupant? The landlord doesn't want to rent it to 2 people because of "noise issues," whatever that may mean. They don't have to rent it to you if they don't want to.
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May 7, 2012 19:29
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^^^ also that. If they ask specifically about something like that, don't try and hide it.InvadErGII posted:I am currently in the process of getting a new job. I had an arrest a few years back but was never charged with anything and the county clerk's office has no record of any of it as far as I can tell. I am currently in Minnesota but the arrest was in Illinois. Should I be concerned about this showing up on a background check? If you weren't convicted of anything, which I would imagine you weren't since you weren't even charged, I would not worry about it.
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May 10, 2012 15:14
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bigpolar posted:No, the biggest mistake you made was believing that "evidence" and "fault" have meaning in a traffic court. Traffic court is about revenue generation. You should have negotiated for the $100 off and no points on your license. It's like small claims but worse, basically. I like small claims because if some JP totally ignores the law and sides with an insane pro-se claimant, at least you can take the pro-se guy to county court at law for a trial de novo and he probably won't know how to file anything correctly there, let alone function in court. You can't appeal traffic tickets most places, can you?
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May 17, 2012 16:47
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Insurance is the way to go. You could sue her, but it's probably a money losing proposition.
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May 18, 2012 00:08
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Peggy Hill Pussy posted:It's embarrassing to say, and in retrospect it was extremely stupid to admit to it, but it was no more than 30 minutes. Two men were standing in the doorway, and they wouldn't move if I got up and tried to leave (I tried it). They told me if I signed off on a paper admitting my guilt I would never hear anything more about it, so I thought it would be stupid not to sign it. I've never experienced anything like this before, it was extremely humiliating for me. I think you COULD MAYBE (I am not your lawyer and I don't know the law in New Jersey, I'm basing this on my not particularly special knowledge of torts) make an argument for false imprisonment. It probably boils down to what your state law says about shopkeeper's privilege (ie, is 30 minutes a reasonable amount of time). Note that they haven't actually sued you yet, either. Honestly this stinks to me of a scammy way of making a quick buck. Physical restraint isn't necessary, at least as I recall, the common law test is basically "Did you feel like you could leave if you wanted to?", and the answer here is clearly no. I'm not really sure if the collection company would give a poo poo, they probably deal with things this shaky all the time, but you might be able to find a young lawyer who would help you out in your area for next to nothing. I would do it on principle and for the experience, personally. Dogen fucked around with this message at 16:59 on May 21, 2012 |
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May 21, 2012 16:39
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No, if they send it to you on accident it's not your fault. Just don't divulge any of their trade secrets to anyone.
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May 21, 2012 17:00
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cr0y posted:Back to my room mate drama (for reference: I rent a room in a house owned by another male). I have tried talking to him like an adult and now it's degenerating into a "clean up all the messes in the house that you have made or I'm evicting you". My understanding is that being messy isn't legal grounds for eviction, is this correct? I'm not trying to start a pissing match but I would like to know my legal rights when it comes to my landlord making nonsense threats because he doesn't like me all of a sudden. Well, he would have to prove to a court you had broken the lease in some way that allows him to evict you, and if he locked you out somehow without going through the eviction process it would be a big deal. If someone does that in Texas, and the landlord refuses to let the tenant back in after the tenant goes to JP court over it and wins the right to re-enter the premises, they can throw the landlord in jail. So, uh, I wouldn't worry about it. I seriously doubt that the lease says 'gosh if you make a bit of a mess you'll have to move out, so sorry'.
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May 21, 2012 21:35
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Alchenar posted:So long as nobody breaks a contract, companies poaching entire divisions from each other (and their customers) is entirely legal. Also judges really don't like non-competes, according to my IP survey professor, and generally burdens the company wanting to enforce one that involves using your skills and knowledge (as opposed to customer relationships or trade secrets) by paying your salary to do nothing for the term of the agreement. This is my best recollection from IP survey, so take that for what it's worth. Also different states have different views on non-competes, and of course you might not have one at all, so. edit to add: trade secrets, as I recall Dogen fucked around with this message at 14:58 on May 22, 2012 |
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May 22, 2012 14:37
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chemosh6969 posted:Your lease would say and it probably says a day or two of notice, in which case you can tell them no, since you still live there. Once you're out, they can show it off as much as they want. Yeah definitely look a the lease because the TAA leases all specifically say, but it's in the code also. I'll look it up in a minute. edit: well, I thought it was. How odd. It's either lease controls or case law, which limits the right to entry in specific ways. The Downfall posted:We aren't really worried about a jury here. All I want to know is if it is legal or not to stake out this place where we think his wife is going to. Look up your local ordinances on loitering. Dogen fucked around with this message at 20:29 on May 22, 2012 |
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May 22, 2012 20:15
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So wait, who does the property belong to where you want to put the fence?
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May 23, 2012 18:05
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Sure, but what would you do about it?
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May 24, 2012 15:08
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King Lou posted:I'm on the board of the building. I'm drafting this guy a letter for the board to have the managing agent send him reminding him he's not to police to touch other peoples things. He is basically a guy with a huge rage problem who thinks he owns the courtyard because he has been here since before the building went co-op in the 80's. I was just asking if legally people think he's responsible for the loss of the items because he removed them from the common area and let them go into a trash area where they disappeared from. He seemed very adamant that it wasn't his problem if they went missing after he tossed them in the trash alley. In fact he told me so through gritted teeth when I asked him about it. Cool. I didn't mean to sound like a dick, I would be inclined to say he is under common law standards, hence my "sure". I was just genuinely curious as to what help having the information of whether he was legally responsible or not would be.
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May 24, 2012 17:52
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Busy Bee posted:If a defendant posted his/her own bail when they were in custody, when do they get their bail money back? Is it after everything is completely finished or after attending a certain court hearing? Is there a way to contact a bail bondsman and pay the 10% fee to get the original bail money back? Assuming they showed up to everything on time, they get bail back sometime (2-6 weeks, depends on the court) after the case is decided (guilty/not guilty). Don't know on the other thing, never heard of someone trying that.
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May 25, 2012 20:50
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spregalia posted:Does it matter where the incident occurred? 1) Yes 2) Yes 3) Almost certainly not, but good luck getting him to sign anything based on your description of the situation
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May 29, 2012 21:57
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Yeah unless you sue him in MA or serve him process in MO somehow
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May 30, 2012 02:39
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Canuckistan posted:If you're going to be recovering cash either way why not get it fixed yourself instead of waiting for your landlord to hold your deposit? My guess is no cash in hand, whereas the landlord already has four hundred of his money dollars
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May 30, 2012 17:41
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It looks like the CO constitution restores civil rights upon completion of sentence, which would count for guns as well, and I THINK keep him out of any federal gun crimes (if I remember right, that would have to be a year sentence or longer for a felony, anyway). I am not a Colorado lawyer, though. edit: hmm there is another law about this edit2: so normally it would be 10 years after release (including release from supervision). If his record is expunged, I don't know. Dogen fucked around with this message at 19:42 on May 31, 2012 |
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May 31, 2012 19:35
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I got out of a ticket from a speed trap once when they couldn't be arsed to finish writing my name before getting back to pulling over someone else. It's up to the judge, though, they could just amend it... but I guess the judge decided it wasn't worth his time (I also had a lawyer with me). This was in traffic court in a big city in Texas, so YMMV.
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May 31, 2012 23:30
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Totally violates the idea of informed consent if the attorney didn't mention the possibility to Bob when asking Bob to agree to the plea (Bob is the client, not the parents) I'm not an ethics expert.
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Jun 22, 2012 20:20
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FreshFeesh posted:A hypothetical question for the California lawyers of this thread: It's a crime. Cal. Penal Code § 632. Don't do it. I'm not a California lawyer, but that was pretty easy to find. Pretty much the same in any 2 party state, as I understand.
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Jun 29, 2012 14:33
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nm posted:Basically yes. I assume that works since they know they're being recorded at that point? No expectation of privacy in a voicemail, I guess?
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Jun 29, 2012 20:58
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So wait, did the previous tenant cancel service and the utility left it on? Also, was the prior tenant's lease up in April?
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Jul 10, 2012 23:42
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In the US, it's dictated by the terms of the agreement, but pretty much in an agreement like that it stays with the company. If it doesn't say anything about the copyright being transferred back to you, assume it stays with them. Eventually, in the US, you get a termination right such that you could take back the rights or use the threat to negotiate a better deal, assuming your poo poo is relevant in 30 years. Dunno about Australia.
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Jul 13, 2012 14:33
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Just to reiterate, that guy sounds like a controlling jerk who is trying to control you by saying 'oh I can kick you out', when in fact you are both equal with regards to the lease/apartment. Don't let him hold this over your head.
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Jul 23, 2012 21:04
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1. This poster may not cause harmful interference, and 2. This poster must accept any interference received, including interference that may cause undesired operation.
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Jul 24, 2012 19:33
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Little Miss RKO posted:I have a child support question. I'm now 25, and was born and currently live in Illinois. It looks like from reading Illinois statutes about it that if the order was done before July 1997 there is a 20 year SoL. So, it might be possible that the limit has expired, or is close to expiring, depending on when the order was issued (assuming that it was). It is also possible that it was issued after July 1997, so there might not be a limit. If there is an order and the SoL hasn't run you can do a motion for enforcement, I think? Someone who remembers family law better than me will probably know.
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Jul 26, 2012 14:22
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woozle wuzzle posted:Child support is typically only owed to the custodial parent. So your mom could go after him, and I guess give you the money. But technically your father didn't owe you the support, he owed your mother, so you don't have the legal standing to pursue it. (Unless illinois has something else going on) I thought the money is owed to the child and that's why agreements that say 'no child support' that are only negotiated between parents are invalid, but family law was never my strong suit.
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Jul 26, 2012 17:14
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Did you get an answer last time? My gut on this is probably there is really no recourse other than bad press for the company. If you are pretty sure you have a good case that it's not you, maybe talk to local media, investigative reporters, etc? They love this local government incompetence/corruption crap.
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Aug 1, 2012 16:56
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Oh what's thisMCLA 554.610 posted:Sec. 10. Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit. You might want to quote that in your letter thingy As others have said, with that kind of language there is not sense in quibbling with them over what's reasonable because it sounds like they hosed up and agreed you owe nothing by being lazy edit: did you give them a forwarding address within 4 days of the termination of your tenancy? Dogen fucked around with this message at 19:08 on Aug 1, 2012 |
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Aug 1, 2012 19:04
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I also always remember what my IP survey professor said, which is that usually suits to enforce non-competes frequently end in a settlement where your old job ends up paying you a salary to not do anything if enforcing the non-compete is keeping you from using your skills.
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Aug 7, 2012 14:40
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I'm probating a will in Texas right now 
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Aug 13, 2012 19:15
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Skinny King Pimp posted:Is it worth it to take someone to small claims court over $250, especially considering it is causing a bill to be late and affecting the plaintiff's credit? Can you possibly get damages for the credit issues or is that not worth it? I don't think so, but I'm not a Georgia lawyer. The $250 alone isn't worth it, and in Property Crime in the Information Age (class in law school dealing mostly with federal law) we discussed how there is not really a good remedy for hosed credit, because we spent a day discussing identity theft during the wire fraud section. Having said that, perhaps a Georgia attorney or someone who knows more about consumer law has a better answer.
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Aug 14, 2012 20:12
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Sypher posted:Another concern I have is that if I do bring it up and they don't comply and I go to DoL, do I have any rights that protect me in case they just cut my hours? Restaurant industry is notoriously known for this. Instead of firing, they just cut hours substantially forcing employee to get a new job and quit. The answer to this is most likely in your state's labor code, can't really answer this without knowing the state.
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Aug 15, 2012 00:31
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Sypher posted:Michigan It looks to my non-Michigan law eye like your state has a whistleblower protection act, and that you would fall under the "Payments of Wages" section. Mich. Comp. Laws § 408.483. It says they can't fire or discriminate against you based on that, and I know in other areas of employment law (unemployment) loving with your hours too much can be considered an effective firing. I found this here: http://www.michigan.gov/documents/WH43_Employment_Wage_Complaint_Form_R6_29_05_141360_7.pdf It does say that you forego som civil remedies by filing with them (eg you probably won't be able to file suit), but it's pretty much this or going full-out with a court case, I think, unless someone from Michigan with more employment law experience knows better. My advice would probably be to call the wage-hour department and see what they say, I would imagine this would qualify as an unauthorized deduction if you can match up your own records to your pay stub hours and show a discrepancy. Also obviously, if you think you want to sue them, call a lawyer. Probably call one anyway.
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Aug 15, 2012 16:14
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1) When does your lease say it ends? 2) What does your lease say, if anything, about tenancy converting to month-to-month? 3) What does your lease say about termination (eg required notice)?
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Aug 15, 2012 17:08
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SkunkDuster posted:Girl gets pregnant at 19. Not sure who the father is, so the birth certificate says "UNKNOWN". Girl is on various government assistance (EBT, WIC, Medical, etc) programs for 10 years. After 10 years, the girl is still on government assistance and a paternity test is performed and the father is identified. Can the state of Minnesota go after the father to recoup the money from government assistance given to the mother over the past 10 years? Not a MN lawyer. So is the father a legal father, or is there just a paternity test floating around? The guy has to be adjudicated as the father first: In MN, a parentage suit can be brought by a government organization responsible for the child's welfare in the case of no presumed father up to age when child reaches majority+1 year. Now, assuming paternity is established, a support order is part of that determination according to the statute. It looks like there is a 2 year look back, if I am reading it right. Mix in this: to qualify for public assistance, you have to assign your right to receive child support to the state. So I would say the answer is, MN could seek whatever the mother is entitled to, which is some proportion of support costs for the past 2 years, plus support going forward (until the mother gets off assistance, if she does, in which case the money would go to her). That's my guess from a trip through the poorly organized MN code. Dogen fucked around with this message at 20:41 on Aug 16, 2012 |
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Aug 16, 2012 20:37
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| # ¿ Apr 29, 2024 01:04 |
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Have you searched here? http://www.uspto.gov/trademarks/process/search/ If this is a money making operation you need to spend a little money on a lawyer to protect yourself, for sure.
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Aug 17, 2012 19:15
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