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Preoptopus posted:Thanks to all! Honestly, if he sues you over 530 dollars, I doubt he has a lawyer. You're probably getting screwed out of 430 bucks, but the time investment you would put into this pro se would probably exceed that money. I know 430 can be a very large amount of money, and there is the principle of the matter, but my opinion is that it's best to let it go, see what the state does, and not worry about hpthe rear end in a top hat using you over that amount of money. If you do want legal counsel, I suggest you contact your local Wisconsin legal aid office. Some of them handle employment law. They may be able to give you better advice than we can. Good luck!
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Mar 20, 2014 03:24
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jassi007 posted:Don't take this the wrong way but are you a lawyer? I love the thought of lawyers watching judge Judy on their lunch break or something. I watch judge Mathis.
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Mar 21, 2014 03:44
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Funambulist posted:Yeah, I set up a gmail filter to catch anything from their email address. It only archives their email in a special folder, because they've got a history of making false accusations on people to harass them. So I want a paper trail. family law is only one of my office areas, and not a large one, but i can't see you getting a restraining order or anything based off those comments. She'd need to be violating a prior "no contact, ever" order in my opinion. Contacting a lawyer is a good idea, just be careful before you spend thousands on a lawyer on this.
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Mar 23, 2014 14:09
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Funambulist posted:Alright, is it at all possible to get one of those? For more info, this is a parent who lost custody of me for violent and erratic behavior, plus lying to authorities. I have to imagine that would be taken into consideration. In my opinion and in my jurisdiction, no. It's annoying, and I'm sure it's upsetting, but if you're over 18, it's probably not bad enough to get a court order. If you came into my office, I'd sympathize but I wouldn't take your money. Find a lawyer who gives a free or cheap consultation in your area. Good luck, for real.
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Mar 23, 2014 16:44
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jassi007 posted:Curious say a person works from home sometimes but is expected in the office 2 out of 5 days on average. How would that factor in? This is just a hypothetical. Expected because its traditional or because he literally has to be there to perform some task? It really depends, even in the hypothetical sense, what the essential job functions are. Hot Dog Day #91 fucked around with this message at 01:53 on Mar 26, 2014 |
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Mar 26, 2014 01:47
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rizuhbull posted:I have a family law question. Been staying temporarily at grandfather's place for about one month. He's become more and more verbally abusive and aggressive and I'm worried it'll hit a breaking point. E.g. yelling at me, following me around the house, calling me this and that while I'm trying to mind my own business and get out of here asap. I've called a couple local organizations for help with transitional housing and am waiting to hear back but in the meantime I'd like to know what other goons would do in this situation and what are my options? Can he just up and kick me out on the spot if he feels like it? What would the police do if called? Would what they do depend on what transpired? If things got physical for example. I'm living in south-west Florida, am 22, on disability, going to college soon, have two cats with me and the three of us are staying in his garage. Generally speaking, yes he can. You don't sound like a tenant, you sound like a guest. The police tell you to leave, or say its a civil matter he'll have to evict you. You should find a new place to live. Even if he has to evict you, do you really want to stay there?
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Mar 27, 2014 21:04
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VitalSigns posted:1) Does an e-mail count as written notice under Texas law? 1. Probably, but there is no case law on this specific issue in this context. 2. Always a good idea, but I'd say if you do, the thirty day clock resets. 3. It starts the day you give him notification of your forwarding address. So maybe march, maybe whenever you do a certified letter. 4. Technically he is presumed to have acted in bad faith, but its an easy presumption to rebut if he's not a poo poo bag. And yes, you have to sue him, which will mean he'll probably get a lawyer and you'll need one too.
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Mar 28, 2014 04:57
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Arcturas posted:Eh, $2500 for a security deposit could probably be handled pro se in small claims court if things really got heated. The fun part is, if he does retain the deposit in bad faith, the damages are multiplied by three (so 7500) plus mandatory attorney fees. The bad part is, justice court (Texas small claims) have a jurisdictional limit of 10000 and the rules of evidence and procedure specifically do not apply.
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Mar 28, 2014 11:21
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Dienes posted:My lease ended at the end of March. At the beginning of February, I called the office asking about going month-to-month for a month and a half after my lease ended. They said they would send me a renewal letter and gave me a rent quote. I dropped off a notice to vacate 60 days in advance. Typically a month to month lease that starts after a prior lease has expired retains the same terms as the prior lease. So rent should stay the same. This is contingent though on the contents of the lease (does it address this possibility?) and your state.
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Apr 3, 2014 03:25
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Sefer posted:I'm not a lawyer, but my for-profit company has the same e-mail policy; I'm given to understand it's increasingly common these days. We're a records management company, and making sure our clients are correctly applying retention is a big deal to us, so I can only imagine that someone checked very thoroughly before we implemented the policy and that it's legally sound. I'd definitely use it against them. Given how (relatively) easy it is to store and backup email these days, it's probably unreasonable to have a 90 day retention policy. In a trial, I'd point out that they're probably hiding something. Electronic discovery is a big deal, and your company may have a duty to keep accurate records; intentionally creating a short retention period of internal communications could be seen as spoliation of evidence.
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Apr 3, 2014 03:52
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Hey dancesafe guy - you ever think that ravers who are asking you to test their illegal drugs are going to be wary about signing a waiver that says "on this day, i had you test my illegal drugs to make sure i don't die."? I'm sure you have noble intentions, but work through this company you seem to know about, not on your own. I'm not as pessimistic as others re: you going straight to jail, but if you're working with a large non profit, I'd say your legitimacy goes way, way up if you do get arrested. Look for a criminal lawyer in your town; don't pay more than 200 for an hour long consultation.
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Apr 10, 2014 09:27
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Part of my job is giving advice and information to indigent folks. Sometimes they assume that because i talked to them about their problem I'm their lawyer. We have attorney-client privilege, but i don't serve as their attorney usually. I'm also explicit that what they tell me is privileged, but the relationship does not go beyond that particular conversation. I'm always scared an O'Keefe type rear end in a top hat is going to try to sting my firm.
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Apr 10, 2014 16:16
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woozle wuzzle posted:No, neither. In texas, if he helped raise the child or lived with the child he actually could have standing to pursue custody or visitation. The standing rules can be surprisingly lax, but to actually get primary custody you have some more hoops to overcome. The point is, someone who really really wants some possession of their stepchild may be able to get some visits.
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Apr 12, 2014 01:58
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areyoucontagious posted:Thanks guys. People in this hypothetical situation will have to look at the lease and see what needs to happen. If the landlord wanted to claim damages beyond the deposit, is it better to have a lawyer handle things or could they just send the ex-tenant a bill first? In my experience as a Texa attorney who handles tenant cases, it is likely that you'll get a bill in the mail if the damages exceed the deposit. If you don't pay the landlord probably won't take you to court but will probably report the debt on a credit report and rental history report. point: its unlikely you'll be sued. If you are, or are worried and rich, definitely go to a lawyer.
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Apr 14, 2014 19:10
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blarzgh posted:Whether or not two parties had a contract, oral or written, is a question of fact. This is a really good way to explain that. Blarzgh is good. I had a trial yesterday on this exact issue. My client was always going to lose, I told her she was going to lose, I tried to get her to settle because it was a pure fact question for which we had no evidence except "No I didn't!." She lost.
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Apr 18, 2014 17:02
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Kramdar posted:Question! If it's simple stuff, like Blazrgh said, just have her sign it, it should be fine. If it's complex, like selling real property, then get a poa from whoever is cheap. In my state I can meet a client, advise on the law, draft and execute the poa in about an hour.
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Apr 18, 2014 17:05
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blarzgh posted:Theres a judge in district court here in one of the northern counties of Texas who was partners with one of the attorneys in town for 20 years before taking the bench; He hears that guy's cases all the time. I've also had a judge who worked for opposing counsel for 10 years look at him and say, "Sorry, Frank. They got you on this one." and grant our motion. My small north texas countiy has similar issues. It. Really sucks when you know judge is wrong, but it's within his discretion.
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Apr 23, 2014 23:13
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nm posted:No competent lawyer will appear in court for $100 and actually argue something. I do this for my ultra poor legal aid clients, with the goal of teaching the landlord that their tenants have rights blah blah. Then again, it's debatable whether a legal aid lawyer is competent though.
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Apr 26, 2014 23:04
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That case raises every red flag: old, drama, every other lawyer "doesn't get it".
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May 16, 2014 13:25
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There really is no liability. They can ban from using their services again. They can maybe sue you to recover the dog. But unless you were somehow leasing the dog, you owned it. They can't sue you for anything. Maybe there is a clause in the contract that creates liability and has liquidated damages, but i doubt it. They'll probably be pissed at you, and I wouldn't try to adopt from them again, but even if they sue you, they don't really have a case for any damages.
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May 21, 2014 22:10
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blarzgh posted:show up at their place of business with the dog and a bill of sale for $1.00 I just can't believe they set up a dog rental agreement.
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May 22, 2014 13:43
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Sefer posted:Many of the lawyers in this thread feel more comfortable answering things phrased as a hypothetical, even if they are obviously not hypothetical. As a lawyer, I'm under no illusions that saying "hypothetically" and then going into specifics somehow makes it hypothetical. Besides, almost very thing we say in this thread is really just legal information. We almost never give actual legal advice. Half the time it's "lawyer up you're hosed," or "no practical legal recourse"
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May 24, 2014 21:53
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tehloki posted:How do you propose a person would stop a dog from barking That's an old joke. The answer is to kill the dog on Sunday.
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May 29, 2014 02:45
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euphronius posted:Legal aid clinics are not for people with money. You usually have to be at fed poverty line or only like 20% above it. It's generally 200% of the federal poverty line. I usually use about 10000 per member of the household as the income restriction, but there are charts online of the exact numbers.
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May 29, 2014 15:04
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euphronius posted:200% sounds crazy high. Mine has two grants: one from the state which has a 125% cut off, and one from the federal government (legal services corporation) which is 200%. Of course, someone who is pushing the upper limits and has a simple problem, we usually decline to help. Most of my clients are super poor.
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May 29, 2014 15:36
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blarzgh posted:I have a legal question: BCLA is really small and can only take so many clients. They probably fall into the "not serious about a divorce" category since they're still living together. Then again, we always look for reasons to turn down cases. We get about 30 applications a week in my office alone right now, and we usually can only take 3 or 4 new cases, so sometimes we just gotta make a decision: do we help the lady whose husband beat the poo poo out of her, or the lady who still has a place to sleep? About 75% of texas legal aid cases involve family law, most of them divorces or sapcrs. And we're all technically private nonprofit law firms, so we turn down cases for the same reasons yall do: crazy clients, lying clients, lack of time to take on new cases. And then some of us, like me, are in pseudo civil rights positions. I was hired to handle cases where particular federal laws are violated by municipalities across about 100 counties, and then to try the case and appeal it if necessary. So I'm very selective with the cases i take, since I'm doing "impact litigation." But I also have a few standard family law, landlord tenant, consumer type cases thrown in so I can get to court. But the big three legal aids in texas have lots of discretion on who we take and what we do. It's actually a fun lawyer job about 30% of the time.
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May 30, 2014 02:22
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areyoucontagious posted:There is a complicating factor. The tenant was sharing the space with the landlord (who is also the owner of the property). Over time, items belonging to both parties became co-mingled. Without consulting the landlord at the time of move out, the tenant just shoveled poo poo into boxes and bailed, and happened to take a good amount of the landlords stuff. For example, say we're talking about kitchen stuff, and the item in question is a plastic spatula given to the landlord by their great aunt on her deathbed. The police will almost certainly ignore it and say "it's a civil matter."
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Jun 1, 2014 15:15
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Things a lawyer would have done: Had the "evidence" admitted. Is that enough for your idiot friend?
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Jun 19, 2014 13:12
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EAT THE EGGS RICOLA posted:If I'm a lawyer and it takes me 6 minutes to order my sandwich from Subway, do they owe me $23 at the end of the order for giving them legal advice? Who charges 230 per hour? That's an odd number.
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Jun 27, 2014 03:41
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What's this? A lawyer who doesn't know everything about traffic ticket law? WHAT AM I PAYING YOU FOR?
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Jun 28, 2014 18:58
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nm posted:Note that Minnesota has quite a few more protections re: employment and criminal law than most states, so you may have more recourse than in most states. I'm a legal aid attorney and I recently gave a presentation on expunctions to a poor community. I had lots of questions about how to get a conviction expunged. In texan, almost nothing qualifies for an expunction. Hot Dog Day #91 fucked around with this message at 01:45 on Jul 1, 2014 |
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Jul 1, 2014 01:20
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blarzgh posted:My understanding is that here it's basically only if you can show that there was no probable cause for the charge in the first place, right? And also if you were a minor, maybe? Yeah, if the grand jury no bills you can get an expunction. My counties da office is too busy fending off civil rights suits to ever actually contest one though.
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Jul 1, 2014 23:40
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Esroc posted:It definitely states in bold letters on the last page "This is an attempt to collect a debt." I've read the pamphlet backwards and forwards and there is not a single mention of a court date or anything pertaining to going to court. Only an address to an attorney and a blurb reading "defendant is required to serve written defenses within (20) days." Does it say xxx vs xxx on it? Does it have a cause number? Does it list a court where it was filed? To me, it sounds like a lawsuit, but you can verify it on Monday with the clerks office. Most lawsuits when filed will not give you a court date. And few scam companies would actually hire a person to come by your house and hand you a scam pamphlet. Legal aid may help you (mine doesn't really touch student loans) but there are also private student loan attorneys, some of whom take cases on a contingency fee basis because they counter use for you. Look at the national association of consumer advocates member directory and find someone in your area. They're helpful especially if this is a private student loan and not a federal student loan.
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Jul 11, 2014 13:15
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blarzgh posted:Legal question: In March last year, Texas added its own bastardized version of a federal 12(b)(6) motion to dismiss. I had one filed against me. The judge denied. I asked for fees. The judge denied. "Appeal me." I loving hate my town.
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Jul 12, 2014 18:52
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Thanatosian posted:What sort of stuff do they take into account? Like, my roommates never clean up after themselves; is that enough to evict them, even though they lived here before I did? Or does it have to be something with clear damages? Is this more of an equity thing than a legal thing? It has to be a lease violation. The written lease controls, but some things will be construed as not being a part of the written lease but implied. Today I had a trial on whether a dog being out of a car for thirty seconds is a lease violation. Honest to god the judge took it under advisement.
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Aug 2, 2014 01:41
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MonkeyBot posted:OK wife just got a summons about some unpaid student loans in Minnesota although the bank and jurisdiction for the summons is North Dakota. Is this something we need to engage a lawyer for? Or is it more of a cost-benefit analysis? She's currently unemployed with no plans for employment any time soon due to the cost of childcare and we just recently got married. Can a judgement against her affect my finances at all? Did the department of justice sue you or an organization like "national collegiate student loan trust III?" If it's the doj, we'll, that's a really big deal. Did you actually default on the loans? What's the amount? Yes, it can and will gently caress your finances and credit. If you have assets, the loan company may be able to seize them (varies by state). A judgment against you in another state may be perfectly valid in your state. If you have actually been used, you should almost always get an attorney.
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Aug 5, 2014 01:36
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MonkeyBot posted:Not DoJ, a bank in North Dakota. I do believe these are private student loans and not federal. She has defaulted on the loan, something like $10000 after fees and interest and all that poo poo. I know the default and all that can affect her credit but can they come after any of my assets as her spouse? I assume no but poo poo doesn't always make a lot of sense. Are you sure you got sued, or is this a demand letter or something that looks like a lawsuit? I see the later all the time, but when I see real lawsuits over student loans, it has almost always been sold once or twice or more to debt buyers. An attorney can: find problems with the lawsuit, find problems with the chain of ownership of the debt, bring counterclaims, and negotiate lower settlements. They can sometimes make the entire thing go away. Student loan attorneys and anti-debt-collection attorneys can assist, but they're likely going to want money up front, unless there's something egregious. If you have a few thousand, I recommend you look for an attorney with National association of consumer advocates (naca) membership new you and get a free consultation. They'll at least tell you if it's something they can help you with, probably (or pay 100 to find out for sure or whatever). Or if you're poor enough, look for legal aid.
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Aug 5, 2014 03:11
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Avvo is lovely because people don't post "yeah, i did the crime, my lawyer told me they have this much evidence against me and a trial is very unlikely to succeed. I got pissed at him case mah rights, made him take it to trial. We lost and I was convicted, even though the lawyer fought very hard on a losing case. I should have listened to him, he was right. Highly recommend!" I have no advice for you other than the fact that you seem to mostly admit that you possibly over the limit hints strongly at you needing to plea out. Scraps/mudd/blazrgh, what's a first time dwi in dfw get? Deferred plus 100k in fines?
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Aug 5, 2014 17:06
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1gnoirents posted:I sincerely hope you aren't saying $100,000 in fines. Sorry, that was a joke about the ridiculous court costs and fines that people get assessed.
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Aug 5, 2014 17:11
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euphronius posted:I went back and read your old posts and you never identified anything the lawyer did that was horrible or incompetent or unlawful. Ok maybe not getting bills out in time, but that happens to all lawyers. I also read the old posts. He really does need to let this go. You were all over him back then too. Also lol at a lawyer posting a cease and desist on yelp.
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Aug 5, 2014 17:42
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