- quepasa18
- Oct 13, 2005
-
|
JudicialRestraints posted:
For laughs sake, could he get diversity on this?
It would depend on whether the value of his claim exceeds $75,000.
|
#
¿
Feb 17, 2010 22:23
|
|
- Adbot
-
ADBOT LOVES YOU
|
|
|
#
¿
Apr 24, 2024 18:18
|
|
- quepasa18
- Oct 13, 2005
-
|
usbombshell posted:
stuff
Have you called the court to see if you can appear for the hearing by phone?
|
|
#
¿
Apr 21, 2010 17:58
|
|
- quepasa18
- Oct 13, 2005
-
|
JudicialRestraints posted:
Did you do more than $840 in damages? If not you are probably gonna come out ahead. Again, talk to your local lawyer, he knows Californian "Law" and I do not, but around here you can usually recover for the failure to pay the security deposit in a timely fashion.
You're in WI, aren't you (if I'm remembering correctly)? There law here is double the security deposit, but you are still liable for damages caused. So, as you suggested to the OP, if he did less than $840 in damages, he'll at least get something back.
|
|
#
¿
Jun 15, 2010 18:24
|
|
- quepasa18
- Oct 13, 2005
-
|
gos_jim posted:
The following is a purely hypothetical situation.
If someone were fired from a job, and told it was for stealing money out of a cash register, but the company refuses to review surveillance video, how does something like that affect that person's ability to collect unemployment? Suppose the company states to the unemployment office that the person was fired for stealing, do they have to back it up with a police report or anything else or can they just lie and prevent that person from collecting? For sake of argument, let's say this takes place in Pennsylvania.
edit: not sure if this is the best place for this question, if there's a better place for it I'll post there.
If a person files for unemployment and it's refused, the person can have a hearing regarding it in front of an ALJ. Each side would present evidence, and the ALJ will determine whether the basis for denial is justified. However, the person will be asked whether they stole money, and being under oath would need to answer truthfully.
This is how it is in my state, which is not PA. Maybe it's different there.
|
|
#
¿
Jun 16, 2010 21:08
|
|
- quepasa18
- Oct 13, 2005
-
|
SWATJester posted:
If the lease is like most other leases, you are all jointly and severally liable for the entire remaining balance on the lease plus damages. This means the lessor can collect the entire amount from any of you. You still could sue the other guys to get reimbursed for paying their share, but regardless of whether you cause any of the damages, you probably violated the lease agreement, and that's all that matters.
Keep in mind too that suing someone and getting a judgment, and collecting on that judgment, are two separate things entirely.
|
|
#
¿
Jun 17, 2010 22:28
|
|
- quepasa18
- Oct 13, 2005
-
|
T-Shaped posted:
I have an odd question about illegal subletting in PA.
I moved into a 3 bed/3 roommate sublet at the end of August '09. The apartment complex that I moved into is owned by an actual rental group, however the sublet was handled outside of the landlord ($35 app fee, credit check, etc etc) I was asked to pay the former roommate's security deposit of $288 (buying him out basically), paid my rent by signing a check for the apartment and dropping it off at the rental office and moved in. I did not sign any paperwork with the rental agency since everything was going fine and the roommates were pleasant and I was just happy to have a place to live since I had just gotten out of a bad relationship and barely had a job at the time.
In November, I was a day late on the rent causing late fees to be charged (which I paid out for all the roommates) which sent the one roommate (the one that sublet the room to me) into a tizzy and caused her to ask me to find a new place to live since I "would cause problems for her credit". I had paid all bills and rent on time previous to this and until I left. I agreed that I would look for a new apartment should she find a new roommate.
February rolls around and crazy roommate calls me as I'm about to pay the month's rent saying she found a replacement and says I need to move out in three days and crash with someone else. I refused and told her I would only move out if I found a new apartment. Five days later I packed up and moved into the new apartment. Before I left I informed both the new roommmate and the psycho subletter that I needed my security deposit back, preferably by the end of the month.
I move into the new apartment fine, but end up incurring debts by the end of the month due to the previous roommate's utilities not being paid before I moved in (I made sure to sign paperwork this time). In April, I began to call old crazy subletter who states that she doesn't have my money, it's not her problem anymore, and to contact the new roommate. It takes me a week to do so and I am promised money by the end of the month. After calling and texting every other day to ask about the money and failing to meet for planned exchanges of money, new roommate eventually pays me $150 of the $288 security deposit around mid-May and we agree that she would pay the rest by the end of the month.
I have called the new roommate just about every other day and she does not pick up or respond to any texts. When I asked today for information pertaining to the new roommate so I can contact her further, the one pleasant roommate who moved in about the same time I did is attempting to help me by getting information about the new roommate for me (I only knew her by a nickname and where she worked). On the other hand, crazy subletter claims I have no recourse against her and that I was a lovely roommate.
In short:
1) Should I go to small courts to claim my last $138? I have photos of all checks ever associated with the apartment along with all records of all texts I sent and recieved from mid-November. The nice roommate would probably be able to testify on my behalf. I'm drafting up a demand letter and sending it certified mail to the new roommate to see if it will elicit any response.
2) Is there any recourse I can take against crazy subletter? The fact that I was promised repeatedly by both her and the new roommate that I would have the funds by the end of February, which in turn causing me debts that would have been paid by the security deposit if it had been returned on time. Since she essentially "took" a security deposit from me as a cost of moving in, wouldn't she be liable for it?
In my state, it costs $95 to file a small claims action, plus you have to pay to have the person served. Theoretically, you can recover that from the other party, but don't count on it. Getting a judgment is the easy part. Getting paid is not so easy. You might end up out on the $138 plus the expenses of the law suit. So no, don't sue for $138.
|
|
#
¿
Jun 22, 2010 15:25
|
|
- quepasa18
- Oct 13, 2005
-
|
visuvius posted:
Well the debt thing is something I had a question about. How does that work. That $7k of her debt that is in my name, am I ultimately stuck with that? What happens in situations like that? I will be contacting her about splitting stuff up but I have a strong feeling she will be very difficult.
You live in CA, which is a community property state. Therefore, assuming the debt that's in your name was taken on during the marriage, you both owe the debt jointly and severally (basically meaning you're both responsible for the entire amount). So you'll have to determine how to divide it in the divorce. You might each be responsible for half, or one of you might take the entire debt and therefore keep an equivalent amount in asset value to offset it.
|
|
#
¿
Aug 23, 2010 00:14
|
|
- quepasa18
- Oct 13, 2005
-
|
Loopyface posted:
If someone is climbing out of your window, how are they not committing a crime?
You can only use lethal force if your own life (or that of another) is in jeopardy, based on what a reasonable person would believe under the circumstances. It's not based on a crime being committed. Generally, once the intruder is retreating, your abiilty to use lethal force is gone.
|
|
#
¿
Aug 25, 2010 17:18
|
|
- quepasa18
- Oct 13, 2005
-
|
ratbert90 posted:
I have a question that hopefully some of you may have come across.
I live with my fiancée, and she was recently laid off. We have two kids, 13 and 10, boy and a girl that live with us for 267 Days of the year. He gets them every other weekend, and every other week during summer vacation. He is re-maired, lives with his Mother in Law, Two children, One on the way, his Wife, four cats and two Dogs. When the kids are over a his house, they share a room.
The Ex Husband is listed as Joint on the Divorce Decree, and here is where the issues come from.
We pay for Everything. From Food, to School Supplies, to Clothes, to Medical Insurance and drugs. EVERYTHING is paid by us.
I know in the Laws eyes my fiancée is single, but this is really starting to piss me off. He wants to claim one of our kids for tax purposes, and while I hate to admit it, we need some help for a few months so we also need to collect food stamps until we are completely back on our feet. I have a job and make about 1800$ a month. In Boise, this is enough to cover the Rent, Bills, and Gas, but not the food. When we went to the Idaho Department of Health and Welfare, we found out he is Claiming one of the kids. In the Divorce Decree it says he may do so as he is a joint parent.
At this stage we are fed up with him. He can't hold a job, and hasn't searched for work in at least 3 years, he is a pathological liar, he has no consistent job history to speak of either. Would it be a good idea to file for Primary Custody? I feel that if we provide everything, and he is just using them for a tax writeoff and money, that this seriously needs to be addressed.
Once my fiancée gets back on her feet and her student loans/employment kicks in, we will be at around 4500$ a month and will be just fine and won't need food stamps or any other welfare. But in the meantime, he is being a complete jerk about taking our other kid off of food stamps, so we can get the aid we defiantly do need. Also considering he hasn't paid for anything at all since the divorce, she should be able to claim both for tax purposes, and child support.
Any advice would be welcome!
I don't know that anyone here can answer that because it's all dependent on what's in the divorce judgment. If it says he's supposed to pay half of the kids' expenses and he's not doing that, then he's violating the judgment and you can take him back to court. The same if he's supposed to be paying child support. It should also say who gets to claim the kids for tax purposes. Any kind of change in custody/placement is going to likely require a significant change in circumstances from the time of the initial judgment, and the fact you want to claim the kids primarily for government benefit purposes temporarily probably isn't going to work. She really needs to see an attorney to go over the documents and verify if there's anything that can be done.
|
|
#
¿
Dec 13, 2010 16:41
|
|
- Adbot
-
ADBOT LOVES YOU
|
|
|
#
¿
Apr 24, 2024 18:18
|
|
- quepasa18
- Oct 13, 2005
-
|
eviljelly posted:
Why didn't you ask your lawyer all these questions?
Because his lawyer is "super expensive" and the Internet is free.
|
|
#
¿
Dec 15, 2010 23:35
|
|
#
¿
Feb 17, 2010 22:23
