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

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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chemosh6969

Jul 3, 2004

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Alchenar posted:

This is funny because you clearly read nothing before or after what you just quoted, having made exactly the same fundamental error.

Re-read what he wrote. He didn't say asking for discovery means you get what all your the stuff you want. He said that was a mistake in assuming that it was just that easy.

# ¿ Nov 14, 2010 03:02

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# ¿ Apr 27, 2024 10:52

chemosh6969

Jul 3, 2004

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Solomon Grundy posted:

You can have lawyers in small claims court in my state, but otherwise, I agree with your assessment. Plus, in some states, there are statutory penalties for illegal eviction.

Where I'm at, it's 3 months worth of rent, triple the deposit, your lawyer fees and possibly the cost of moving to a new place(rental truck, etc.).

I'm in a tenant friendly state and also a landlord. If I were you, I'd talk to a tenant/landlord attorney and start dealing with the landlord through the lawyer. Assuming what you say is completely true, your landlord would be completely hosed in my state and probably hate your guts in the process

# ¿ Nov 14, 2010 21:31

chemosh6969

Jul 3, 2004

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Cowboybot posted:

So to summarize, a guy, snuck into my yard, when noone was home, climbing over a 6 foot fence, cut down my tree and is now burning the wood in his backyard.

Get a video camera, film the tree stump, then shoot over his fence as he's burning the wood. When he asks what you're doing, just say you're filming the evidence of the stump and him burning the tree for when you take him to court

Does that help? Well, you would be getting evidence you wouldn't have after he burned it all up and later denied burning it, if you ever needed it.

# ¿ Nov 18, 2010 20:03

chemosh6969

Jul 3, 2004

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gvibes posted:

I am also not sure they have much of a claim, but $400 is a very reasonable amount to pay to keep your record clean.

Lots of places do that and it's perfectly legal.

# ¿ Nov 18, 2010 20:05

chemosh6969

Jul 3, 2004

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^^^Why not contact the company that owns your mortgage for the paperwork instead?

ZombieLenin posted:

I have a legal question regarding the FMLA and California's Paid Medical Leave act.

I am a graduate student at UC Irvine in Southern California. I am paid as a TA, and guaranteed 5 years in TAships via my admissions contract. My TAships are paid positions, I'm paid as an employee of the University of California, for which I also receive remanded tuition.

Recently the following has come up for me. My wife is pregnant, and is about to have the baby (January 18th). The professor I have been assigned to, a lecturer, has tried to tell me that it is *not* acceptable that I take any time off when my wife goes into labor. My union contract isn't of great help to me here, it just guarantees me 2 sick days a quarter, which I will take when the baby comes.

I want to take a grand total of ONE week off for the delivery of my son, and my Wife's recovery. Is it possible for me to shove either the FMLA or some state law, anything really, in this woman's face so I can take this time off without her threatening to get my TAship taken away (she can't really do this, btw, but it didn't stop her from threatening me).

Really I'm looking for anything here that would legally protect me, you know, so I can actually be there when my baby is born, and help my wife. In other news, this professor is a terrible human being.

Here's another late answer from someone that works with the University system in the state above yours. Just because you're employed with the University doesn't necessarily mean you're covered under the union contracts and if your state deals with this the same way mine does, I'm pretty sure you aren't.

The easiest way to find out would be to call someone that deals with benefits over at HR. Don't listen to your professor when it comes to university policies/rules/benefits when there's someone that actually handles those things and would know for sure. They may like to talk about how they know how things work but it isn't always true.

If you're allowed a benefit your professor is claiming you aren't, it's HR that'll be putting the screws to them, not you.

# ¿ Dec 29, 2010 05:27

chemosh6969

Jul 3, 2004

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alucinor posted:

These are both public record documents. The municipality where either/both were filed will have copies. You might be able to get them for free if the county keeps their public records online, or you might have to pay for them to send you certified copies. Try googling "clerk of courts public records cityname provincename".

The other thing is, he never had his name changed legally in the first place. Getting it changed on a passport is one of the things you do after you get your name changed at court.

# ¿ Jan 5, 2011 00:13

chemosh6969

Jul 3, 2004

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stubblyhead posted:

If a person were standing in one state and shoots another person standing on the other side of the border with another state, where would the crime be prosecuted?

On a similar note, what about shooting people in international waters. The shooter is American. One of the dead is American and the other is from another country.

# ¿ Jan 23, 2011 01:24

chemosh6969

Jul 3, 2004

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Alchenar posted:

Your boat has a flag on it. Check out the flag and you know who gets to prosecute.

Skull and crossbones, baby.

# ¿ Jan 23, 2011 02:27

chemosh6969

Jul 3, 2004

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joat mon posted:

Failing that, you'll probably need to get a WA attorney.

What if all his promises were just verbal and he wants to deny he ever said it, should he ever get a call from a lawyer?

# ¿ Jan 25, 2011 04:04

chemosh6969

Jul 3, 2004

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TheBestDeception posted:

He/she has been doing this, in this thread, for a while now. Legal experience: once attempted to contest a traffic ticket.

Winning his case with his "crazy" ways, I have to add. I think it's all about the winning than by losing in a more approved way.

# ¿ Jan 28, 2011 02:47

chemosh6969

Jul 3, 2004

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Incredulous Red posted:

There's a midget trial lawyer in Los Angeles. He has a reputation for getting really excited and jumping up on his chair in court (not joking)

So he also acts as court jester?

# ¿ Feb 2, 2011 17:06

chemosh6969

Jul 3, 2004

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Nutsack Rangoon posted:

I live in Ohio and was wondering if it's legal to open a bill that is in my roommate's name?

Did the roommate give you permission to open their mail?

quote:

Section 1703. Delay or destruction of mail or newspapers
(a) Whoever, being a Postal Service officer or employee, unlawfully
secretes, destroys, detains, delays, or opens any letter, postal card,
package, bag, or mail entrusted to them or which shall come into his
or her possession, and which was intended to be conveyed by mail, or
carried or delivered by any carrier or other employee of the Postal
Service, or forwarded through or delivered from any post office or
station thereof established by authority of the Postmaster General or
the Postal Service, shall be fined under this title or imprisoned not
more than five years, or both.

(b) Whoever, being a Postal Service officer or employee, improperly
detains, delays, or destroys any newspaper, or permits any other
person to detain, delay, or destroy the same, or opens, or permits any
other person to open, any mail or package of newspapers not directed
to the office of employment; or

Whoever, without authority, opens, or destroys any mail or package of
newspapers not directed to them, shall be fined under this title or
imprisoned not more than one year, or both."

chemosh6969 fucked around with this message at 22:04 on Feb 14, 2011

# ¿ Feb 14, 2011 22:00

chemosh6969

Jul 3, 2004

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KellyLama posted:

They're roughly as safe as asking on here. Although there are probably more law students and other non-lawyers masquerading as lawyers and providing answers on those sites as here. (For anyone who's reading, I'm a real lawyer (licensed to practice in Georgia*). If you want my bona fides, send me a PM and I will tell you whatever you'd like to know to confirm that.)

(*As my friend's mother likes to say, the only thing in Georgia that it's easier to become than a lawyer is pregnant.)

So, again, Georgia lawyer here. Not familiar with Oregon's version of state employment laws, defamation, etc. So, take with a grain of salt and consider it a rough starting position if you actually talk to an Oregon attorney.

If there's an employee handbook, it may have some rules regarding procedures that the company (or its managers) have to take in investigating an incident, disciplining an employee, or terminating an employee. If such a thing exists, it can be, in essence, a contract that is enforceable against the employer.

However, in most states, if there isn't an actual employment contract that specifies guaranteed employment, grounds for termination, etc., then employment is "at will." That means that your employer can fire you because they had a bad weekend, etc. If a customer came in and said, "I don't like people whose names start with vowels. Fire them or lose my business!" your employer could do so. It would be stupid, but they could do so.

The other issue you think you would have *if* she were terminated is damage to her professional reputation. In Georgia (and in most states), there is a privilege defense against defamation claims for former employers in making statements regarding the former employee. Where she *would possibly* have a claim is against the child's parent, but you would have to prove (in Georgia) that the statement was at least *negligently false*. That is, that the parent (at least) *should have known (but didn't)* that the statement(s) was false, but made it anyway.

We have actually had a case almost identical to this here at my firm in Atlanta. It sucks to be the plaintiff, as the bottom-line in any sort of case like this is a "he said, she said" situation about whether the event actually happened the way that the parent said it did nor not.

Oregon is an at-will state. They'll probably just let her go for a generic reason.

I also look at it this way, if I was using a day care and found out that a person watching my kid was accused of abuse from another parent, I'd pull my kid out unless there was concrete proof the parent was wrong or lying. Of course the worker is going to deny it, even if they were doing it, they aren't going to admit to it. Plus it's the second mark against this worker for the same issue. That's not a good thing.

I'm guessing the day care will side with the safety of the kids/word getting around with parents about abuse and pulling the kids out.

chemosh6969 fucked around with this message at 17:57 on Feb 21, 2011

# ¿ Feb 21, 2011 17:51

chemosh6969

Jul 3, 2004

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Ruggan posted:

Was the pedestrian negligent to step around a sight obscuring obstacle to look for traffic?

Couldn't that be considered the same as when a car is at a stop sign but has to pull past the line to see around a blind spot? As soon as he crosses, he's considered out there in the intersection if he gets hit. Same as if there was no blind spot and they pull out and get hit.

# ¿ Feb 24, 2011 18:19

chemosh6969

Jul 3, 2004

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the littlest prince posted:

I can't answer the employment question, but regarding your actual debt, you should totally read this thread because it sounds like you might have a scummy collector: http://forums.somethingawful.com/showthread.php?threadid=3234974

The wage garnishing thing could potentially become a non-issue, depending on whether they actually have the power to do that (they probably don't and would be breaking the law by claiming that they can).

If they get a judgment again, which is entirely possible if he owes money, they can go after his wages.

# ¿ Mar 1, 2011 19:00

chemosh6969

Jul 3, 2004

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Maybe get an electrician to look at it to find out if something's wrong or not?

# ¿ Mar 2, 2011 17:40

chemosh6969

Jul 3, 2004

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Konstantin posted:

shouldn't it be in the public domain because it is a work of the Federal Government?

If the federal government comes up with new bomb technology, do you think that's going to be public domain?

# ¿ Mar 2, 2011 21:18

chemosh6969

Jul 3, 2004

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SWATJester posted:

Bomb technology is not copyrightable subject matter; notwithstanding this, the government does not research bomb technology -- defense contractors do all the patenting and other information.

Contractors don't do it all. We've come up with stuff, that we submitted through the processes and had it picked up. Speaking from experience as a munitions troop in the Air Force. I'm also not talking about making a new missile but smaller things. Depending on what you come up with, you can get some cash from it.

# ¿ Mar 3, 2011 03:23

chemosh6969

Jul 3, 2004

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Incredulous Red posted:

Tell him you're entitled to have overnight guests and she resides somewhere else.

The lease might say you can't have the same person staying over for so many days out of a month/week before they're allowed to increase rent/utilities/etc. Someone staying half a month would probably fall into that.

That's pretty standard where I am.

# ¿ Mar 4, 2011 19:09

chemosh6969

Jul 3, 2004

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webcams for christ posted:

My... car...

Alright, with that in mind would it be better to take the driver who hit me to small claims court, or let my insurance put him on collection and get compensation that way?

Think about your choices. Suing the driver that doesn't even bother to pay for insurance because that's a great track record for him paying you if you win in small claims, or dealing with your insurance company? Which one do you think you have the best chance to get money from?

Don't you have insurance to cover uninsured drivers?

# ¿ Mar 10, 2011 19:06

chemosh6969

Jul 3, 2004

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Solomon Grundy posted:

So maybe attach the account a week or so after student loans get distributed. I had luck with that strategy once. Sucked for that med student.

It depends on how the school disburses fin aid. In our case, you'd want to see if you could get it attached to the students school account, on a Friday although they wouldn't see the hold on their account anyway since it wouldn't prevent any registration, and not any bank account.

Fin aid usually goes out Monday, which is why you'd want to do it by Friday. Monday night any credit gets refunded to their student id/credit card, unless they opted to have a check sent out or a direct deposit to an account.

# ¿ May 5, 2011 19:44

chemosh6969

Jul 3, 2004

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rekk posted:

They won't sell the same phone to my mom without her agreeing to the $10 4g fee (per phone) in addition to the data fee. They definitely don't have 4g where she lives.

It's actually called a premium data add-on and not a 4g charge. 4g does work indoors and if it doesn't for you, have you tried calling Sprint to see if they'll send you an airwave for free? That's what they do when people have issues like that.

http://community.sprint.com/baw/com...data-add-on#oq2

quote:

I thought this charge was just for 4G users?

The $10 Premium Data add-on previously only applied to 3G/4G devices, but it was never simply a charge for 4G.
The charge has always been to address the increased costs associated with operating smartphones on Sprint�s network.

# ¿ May 5, 2011 19:52

chemosh6969

Jul 3, 2004

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Advice posted:

Ninja edit: Her mother is co-signed on the car, not on the apartment. We're alone on the apartment."

Car people can't go after people that aren't on the car's lease. You have no contract with anyone in regards to it. Only the daughter and mother do. That's who they go after, the people that signed the contract.

Think about it a bit. If she bought a car that had a $10,000 a month payment, with her mom as a co-signer, in what world do you think they could magically transfer that loan to your name without your permission?

# ¿ May 6, 2011 00:21

chemosh6969

Jul 3, 2004

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Konstantin posted:

Some quick googling found this page by the state of CA that covers this issue. I'm going under the assumption that this is a month to month lease, meaning that there is no written contract that enforces a specific term the lease is for.

If he wants to fight it, here is how. Have him write a letter to the landlord, explaining that he feels that the notice given to vacate was retaliatory. State that if he does not give a good non-retaliatory reason for termination of the month-to-month lease, he will not move out. Include printed copies of the e-mails, and send the letter certified mail with a return receipt. At this point the landlord will have to evict him to get him out.

If the landlord decides to go ahead, he will sue. At this point I highly recommend getting some professional legal aid. The tenant will have to file a response with the court, and there will be a hearing. Since the tenant can provide evidence that he complained to the landlord and got the notice shortly afterwards, the landlord will have to provide another reason to evict him.

Keep in mind that these procedures may be more trouble then they are worth, since even if he wins, he will have a hostile relationship with his landlord. There really isn't any way he can stay there long term if there is no lease and the landlord wants him out.

Speaking as someone that's been a landlord, if I were him, I'd just get a free/low cost consultation with a lawyer that deals with that before doing any of that. The lawyer will probably tell him it's easier just to move to a new place.

It's also good to remember that when he's applying at other places to rent, he can't just leave off this place he's been at for 25 years. When the place he's applying to calls the other place and hears that while he may have been fine for a long time, he was asked to move out and the landlord was forced to evict him and there was a huge battle.

If I was checking references and heard that, I probably wouldn't rent to him based on that risk. I also rented out a nice place, so someplace else might not care as much. It also depends on other factors like if it's a renter's market or not.

# ¿ Sep 30, 2011 19:56

chemosh6969

Jul 3, 2004

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empiricus posted:

At my college (NY), they handle my student account, so any surplus from federal loans goes to my student account. From that I can request up to $2000 of my remaining balance to be released to me, but only $2000 regardless of my actual balance, and I can only make 1 request every 60 days. Is it legal for them to be keeping my money away from me for no apparent reason?

Where's I'm at, you get any credit refunded to you.

My answer would be to start off by talking to someone at the school that knows the reasons for that and also read all your loan paperwork in case it talks about that.

# ¿ Oct 12, 2011 18:50

chemosh6969

Jul 3, 2004

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DrPain posted:

Can I negotiate a payment plan with these people? How do I do that, legally speaking? I'm sure it couldn't be as simple as a phone call, do I send a certified letter? What would I want that letter to say, specifically?

You call them and say you want to negotiate a payment plan.

# ¿ Nov 3, 2011 20:50

chemosh6969

Jul 3, 2004

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SpyM594 posted:

My girlfriend and I wanted to rent an apartment in Newark, CA. At the landlady's insistence we put down the deposit and first month's rent; we did not sign the rental agreement. We later decided that the apartment is not for us but the landlady is unwilling to return our money. Do we have any options?

Have you gotten it back yet?

# ¿ Nov 16, 2011 21:59

chemosh6969

Jul 3, 2004

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Marxist Socialite posted:

Kind of sounds like I can't do anything about it but this is just something that people aren't just fired for, but are shamed in the paper and investigated by the police for.

I recall something similar happening a year or two ago, except it was only with organs and they were fired. I'm sure doing it with a body will also get them fired because if you were that company, do you really think that company wants it out there that they have employees posing with your loved ones in photos? Unless you're the only place in town, people would send them to other places.

# ¿ Dec 2, 2011 17:49

chemosh6969

Jul 3, 2004

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nm posted:

How did you get a policy for $200,000? If you did it without misrepresentation, and you didn't burn the house down, you're ok if it agreed value.
This kind of thing does happen. Someone has something properly appraised at a value, it loses value but the owner keeps paying the proper insurance. Baring any legalese in the contract, you get the insured amount.

I'd imagine there's tons of houses like that right now.

# ¿ Dec 19, 2011 21:59

chemosh6969

Jul 3, 2004

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I wouldn't hand over anything until the mystery party was contacting me about it, if I was the one with insurance. There's no reason they should be going to friends of yours to get that info.

# ¿ Dec 22, 2011 19:39

chemosh6969

Jul 3, 2004

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baquerd posted:

It seems likely to me that her insurance wants to enter the claim against your insurance and is asking her for your information.

And not filing a police report doesn't help any.

# ¿ Dec 22, 2011 21:53

chemosh6969

Jul 3, 2004

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Mr.Peabody posted:

What else should I be on the look out for? What can I do in terms of collecting evidence for a lawsuit?

Get a lawyer and ask them what you need. I don't know about Florida but in Oregon, that landlord could be sued for a nice chunk of change and you may also get attorneys fees.

# ¿ Jan 12, 2012 23:13

chemosh6969

Jul 3, 2004

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baxate posted:

I'm a college student in the United States (living in Illinois), and for an Economics class I was taking I needed a subscription to the Wall Street Journal, so during the first class we filled out a subscription form with information like name, address, email, but no payment information.

I had to switch to another class, so I no longer needed the subscription, so I never sent them my payment information. For approximately 4 months they kept sending me email and snail mail about having to pay them, but I never received an actual newspaper from them. I just ignored all of their requests to pay them, but today I received a letter from a debt collection agency asking for $29.95. The collection agency is North Shore Agency, if that matters.

I figure if they're sending these goons after me, I shouldn't just ignore this. AFAIK, you can be taken to court for as little as $20, but I doubt they'd do that, but I don't want to take chances.

I don't intend to pay the bill, but is there anything I should know or do to protect myself?

If you don't care about your credit report, for the next 7 years, do nothing. You'll just have an unpaid bill in collections showing up every time you try to get a loan, credit card, any jobs that do a credit check, etc.

Or you could pay bills that you owe. Pay the $30 now and people looking at your report will see you went to collections but you took care of it.

The main question would be if you care about having better or worse credit and then taking the steps to meet your goal.

You dropping the class doesn't have anything to do with the WSJ. That was a deal you were making between the two of you and if you needed to cancel, you follow whatever steps the WSJ says to do. At most, that would probably be a phone call.

# ¿ Jan 18, 2012 16:52

chemosh6969

Jul 3, 2004

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Would you rather have evidence in case you need it or would you rather not have evidence and then later find out it would have helped?

# ¿ Jan 27, 2012 20:02

chemosh6969

Jul 3, 2004

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kmcormick9 posted:

The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years.

Considering he's just going to basic for about a month, common sense tells me she wouldn't pack up and move for just a month. Then after basic he'll go to tech school, which could be somewhere else in the country and that could last a month or slightly longer at which point he'd be able to take a bunch of leave before going to his first base, which could be anywhere. That would make to most sense to start moving. In basic and tech school, you live in dorms and you don't do family housing or anything like that.

# ¿ Feb 2, 2012 17:53

chemosh6969

Jul 3, 2004

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PoOKiE! posted:

I was considered a goody two shoes most of my life and the only trouble I get into is an occasional speeding ticket

That's not being a goody two shoes, that's being a career criminal. That's what happens when you consistently break the law. It's great that you're trying to reform yourself but you still have to put more effort into it because a typical goody two shoes doesn't have to do things like make deals to avoid jail time.

# ¿ Feb 9, 2012 17:41

chemosh6969

Jul 3, 2004

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euphronius posted:

Speeding tickets are not criminal offenses.

You must be one of dem lawyers that let's murderers go free

# ¿ Feb 9, 2012 22:55

chemosh6969

Jul 3, 2004

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ClothHat posted:

I think that's a good idea to leverage the move out date. I won't give up the keys early unless he signs off on the apartment not needing work.

I also would make sure to not pay rent for those days, if you give the keys up early.

# ¿ Feb 10, 2012 00:23

chemosh6969

Jul 3, 2004

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elisaaa posted:

And I've never taken it in the rear end for a hit.

http://forums.somethingawful.com/showthread.php?threadid=3448305#post397474534

elisaaa posted:

I charged more for anal

Sorry for the derail but I found the story inspirational. Since the story changed, I wonder how much embellishment went on, let alone if it's true at all. That seems like a pretty big thing for someone to forget they did.

/end derail

(USER WAS PUT ON PROBATION FOR THIS POST)

# ¿ Feb 14, 2012 22:42

Adbot: ADBOT LOVES YOU

# ¿ Apr 27, 2024 10:52

chemosh6969

Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

_{_{I am in fact a massive asswagon.

Do not let me touch computer.}}

The SituAsian posted:

I've already filed a complaint with the FCC and could complain to their local BBB but I can't imagine they'll do anything but put it in a file and sit on it forever.

The BBB is a private organization that can't do anything to anyone except give a company an online rating. It's just a site, like other store review sites except they've managed to make people think they're some official agency.

# ¿ Feb 29, 2012 19:10

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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