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Gadamer posted:Quick and simple question, mainly looking for a "Oh, yeah, I had to do that and it went fine/awful" answer: This sounds like it might be hearsay
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Apr 3, 2010 02:49
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Incredulous Red posted:This sounds like it might be hearsay Admission of a party / opponent. Not hearsay. You should be able to get a judgment in small claims, but that is only half the battle. Is your roomate collectable? Does he have insurance? If the answer to those questions is "no" then don't waste your time.
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Apr 3, 2010 03:14
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Solomon Grundy posted:Admission of a party / opponent. Not hearsay. Also, I don't know what state the poster is in, but in WA we have to report any accident to the police within 4 days when someone is injured or the damage is in excess of $700. Some states have substantial penalties for failing to do this, so that should be kept in mind before attempting any court action. I would think the last thing you want to do is sue someone for $1400 in damages for a car accident, and then when the judge asks you for the police report you say you didn't file one.
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Apr 3, 2010 18:53
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I work for a large retail company, recently that company has laid off a large quantity of managers, leaving us with a near skeleton crew. I currently have Pnumonia, and yesterday when I talked to my boss he asked when I'd be in today, hinting that I would not be able to call out from work. I've worked for this company for 5 years, many of which I wasn't given 10 minute breaks (very illegal), lunches (even more illegal). I'm tired of being taken advantage of and want to call out from work without it jeopardizing my job, I'm happy to provide a doctors note, but I'm curious if I can be fired for being sick. The manager already has it out for me, should I possibly record our conversation when I call out? edit: In California.
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Apr 3, 2010 21:29
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Loopyface posted:Why is he now refusing to pay? Because he's a massive dick? I don't live with him anymore and he ignores all of my phone calls/texts/e-mails/letters. I guess I'm only assuming that he's refusing to pay, but it doesn't seem like he's going to. And my other roommate is willing to testify. Soloman Grundy posted:You should be able to get a judgment in small claims, but that is only half the battle. Is your roomate collectable? Does he have insurance? If the answer to those questions is "no" then don't waste your time. He does have insurance, not sure if he's collectible. I don't live with the guy anymore. dvgrhl posted:Also, I don't know what state the poster is in, but in WA we have to report any accident to the police within 4 days when someone is injured or the damage is in excess of $700. Some states have substantial penalties for failing to do this, so that should be kept in mind before attempting any court action. I would think the last thing you want to do is sue someone for $1400 in damages for a car accident, and then when the judge asks you for the police report you say you didn't file one. I live in SC. If I had made a police report, sadly this would nto have been an issue. I guess this might have to fall into a "welp, I wonn't make that mistake again."
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Apr 3, 2010 22:19
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About three years ago I was sued by a collection agency in MA, resulting in a judgment against me for about $6000. For a little over a year I made monthly payments to the law firm that represented the collection agency. Since then, I've moved to ME, and due to my wife changing to part time hours for school, we haven't had enough spare money each month to make payments on the judgment, so I haven't made a payment in over a year. My question is, since I'm now a ME resident, does that change my situation at all in regards to the judgment from the MA court? Can the law firm have my wages garnished using that existing judgment, or do they have to go though a ME court? Also, if I file for bankruptcy, does that affect the judgment?
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Apr 3, 2010 22:50
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kalisperas posted:About three years ago I was sued by a collection agency in MA, resulting in a judgment against me for about $6000. For a little over a year I made monthly payments to the law firm that represented the collection agency. Since then, I've moved to ME, and due to my wife changing to part time hours for school, we haven't had enough spare money each month to make payments on the judgment, so I haven't made a payment in over a year. Yes, they can still collect against you, but they will have to jump through a few more hoops. As for bankruptcy, that would discharge the debt, but that is a very big decision that could have negative consequences for you down the road. I wouldn't declare bankruptcy for such a relatively small debt.
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Apr 4, 2010 01:53
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I live in SC and my friends run a theater company that puts on a yearly haunted house. (As in a local attraction, not in someone's back yard.) For the past 7 years I have worked with them as a paid actor, its a lot of work for little play but very fun. However little by little things seemed to have changed. Last year was the first year that they where not able to pay us. Yet attendance and ticket prices had gone up, and expensive had gone down. This was also the first time that they hired us as volunteer's. We where told (but not in writing) that we would still be paid, and that this was to weed out those who only do a half-rear end job or don't show up. (This is a problem that we have faced before so it seemed like an OK agreement at the time.) Obviously, next year I will not sign a contract as a volunteer for their company. Also they have re-hired the co-owner of their former acting company, who stole from the companies bank account and forced them to close that company and open the one they now run. I was talking about this to my dad the other day and he stated that if they could not pay me I could legally ask them to open their books and explain why. (if I wasn't a volunteer) Also if the former co-owner stole from the company to the point that they could not pay me, I could take them to court. My father used to own his own business so I don't think he is talking out of his rear end. I have no desire to take my friends to court over this; but this job requires a lot of hard work from all of us and I don't want them to screw me over. We have always had a good relationship, but the guy that stole has more and more pull with them and I don't want to work my rear end of again and not get some compensation. So if next year they are unable to pay me, will I have any legal options? tl;dr: I think the company that I work for is screwing me over, do I have any legal options?
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Apr 5, 2010 02:14
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Mappo posted:I live in SC and my friends run a theater company that puts on a yearly haunted house. (As in a local attraction, not in someone's back yard.) For the past 7 years I have worked with them as a paid actor, its a lot of work for little play but very fun. However little by little things seemed to have changed. So would you say that you do this because it's fun or because it's a significant source of income for you?
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Apr 5, 2010 03:49
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Incredulous Red posted:So would you say that you do this because it's fun or because it's a significant source of income for you? I do it because its fun, the pay is about $200 for 12 nights in October. However the Haunted House industry is a place where you can make a significant amount of money. About 3 years ago our event earned $80,000 with a budget of about $3,000. Unfortunately at that time the company was contracted by a state park to run the event, so we only got a small percent of that income. After that my friends decided to go it alone without a backer. (The park only provided insurance and the land, all other cost where provided by my friends company.) We have yet to get anywhere near our previous revenue, but last October we where able to get a few nights that where about the same as our last haunted house. This is understandable when you have a new haunted house and with the economy being poo poo. So while this is purely a fun job, it could become a significant source of income. Also this is not just about the money, this job is fun, but I take it professionally as my normal job. When the founder explained about the volunteer status and when they could not pay us, they used me as an example that they could be trusted. ("You can ask the veteran actors that we are not trying to screw you over.") I believed them and I told the other actors that yes, they could be trusted and we would be paid even if we where volunteers. I feel that I let down my fellow actors or busted there asses just as hard as me, next year I don't want to let them down. Normally I believe them and trust these people, but lately its just been a few little things, like the co-owner getting more and more power that put me off. tl;dr I do it for fun, but in a few years it could be a significant income.
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Apr 5, 2010 04:33
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Yes, you should totally make legal threats over your "job" that pays $16 a day.
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Apr 5, 2010 04:45
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Trillian posted:Yes, you should totally make legal threats over your "job" that pays $16 a day. This is pretty much your answer buddy. It's not like you have some sort money invested in the haunted house, right? If you don't like the situation, and you don't work for these guys for free, sell blood plasma for a couple weeks or something and move on with your life.
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Apr 5, 2010 05:01
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You signed on as a volunteer, they told you verbally that you would actually be paid (although you were a volunteer), you signed a contract that used the word volunteer and did not mention payment, correct? Until you have paperwork that says they're going to pay you and you are an employee rather than a volunteer, they're not going to cough up any money until they're legally obligated by a lawsuit. I'm not an attorney so I have no idea whether they could be obligated to pay you any money, but even if they could your legal fees would be far more than what they owe you. Don't delude yourself. You are not going to potentially make more money when they have huge revenue because you're a worker, not a shareholder. Either you're doing this for fun or a paycheck, and it doesn't sound like the paycheck is all that great. Cut your losses and move on.
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Apr 5, 2010 05:03
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NancyPants posted:You signed on as a volunteer, they told you verbally that you would actually be paid (although you were a volunteer), you signed a contract that used the word volunteer and did not mention payment, correct? Oh I understand this, I know that I signed on as a volunteer and I can't complain about not being paid. However the previous contracts I was signed on as a worker. What I was wondering if I had any legal options IF I was a signed on as a worker. Even if it would be a terrible idea, and a waste of my time and money. I am not interested in taking them to court, just curious of my legal rights. NancyPants posted:Don't delude yourself. You are not going to potentially make more money when they have huge revenue because you're a worker, not a shareholder. Either you're doing this for fun or a paycheck, and it doesn't sound like the paycheck is all that great. Cut your losses and move on. You know what, this is what they sold me on, that we would all be making more money out on our own. Your absolutely right. Ever sense they gone out own there own, they have moved to keep me in a worker position. The next time they come a calling I will tell them to gently caress off. Thank you gentlemen for humbling me and making me look less like an idiot.
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Apr 5, 2010 05:30
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I could use some help legal goons. I am in California and would like to know if anyone can educate me as to the procedures/codes for becoming the guardian of an incompetent adult, presumably over their objections. The reason of their incompetency is due to mental illness. I figure I need to petition the probate court and probably get the affidavits of their doctor stating their incompetency, but I would like look more into it. Thanks in advance.
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Apr 6, 2010 00:20
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XaphanTheFallen posted:I could use some help legal goons. Call up your local courthouse and ask the clerk, they'll point you in the right direction. After you file a petition of some sort, the court has to appoint a guardian ad litem for the allegedly incompetent adult. This GAL will meet with the adult, make an assessment, and generally represent the adult's interests in the court. It's not just a matter of filing affidavits from doctors.
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Apr 6, 2010 02:17
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Thank you sir.
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Apr 6, 2010 04:02
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I've searched quite a bit, and I can't find a clear answer to this: Is it legal to use encryption/encrypted connections, particularly SSH, in the UK (Scotland)? I found something that says:quote:For example, in the UK it is illegal to transmit encrypted data by radio communication. 
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Apr 6, 2010 15:32
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I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used. I guess what I'm asking for is a How-To from coming up with an invention concept to final sale to a company that will use it.
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Apr 7, 2010 00:26
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Nietzschean posted:I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used. Patents are horribly complicated and are not do-it-yourself friendly, or even really do-it-yourself possible. In order to determine whether the idea you have is patented, you must have a "prior art" search done by a patent professional - not just a regular lawyer, but a lawyer who has passed a specialized patent bar exam. This is a process that costs of many thousands of dollars. Then preparing the patent application is likely to cost many more thousands of dollars. You can go and try to sell your idea with or without a patent. You are on your best footing if you get a patent. If not, you will have to get the folks you are selling to sign a confidentiality agreement. This is a much more dangerous approach, because once you tell your idea, it is out of the bag, and the other party could conceivably make some design changes and seek a patent on a similar design outside the scope of your confidentiality agreement. If you don't have the money to pursue the patent, you might want to find financial backing. That is tough to do, for a lot of reasons. If you go in and tell a backer about your idea, he or she may steal it and patent it, unless you have them sign a confidentiality agreement. Most banks won't take a wild-eyed risk on a potential invention. Most private investors are going to want a big share of ownership. That will impact you when you sell. Or you can just call Anthony Sullivan and try to get on an episode of "Pitchmen."
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Apr 7, 2010 02:48
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I'm not sure this question is appropriate here but I didn't want to start a whole new thread for my own (minor) legal problems. I live in Australia (Queensland) and I was caught by a speed camera doing 12km over the speed limit. This means I'm liable for the fine imposed when you're caught doing 12 or above over the limit but less than 20. I really want to contest this but my only defense is that I simply don't think I was going that fast. I remember the date and the trip (it was only 8 days ago) and I was with my girlfriend and she flips her poo poo when I speed. It's really tough, though, because speed cameras are seen as objective... I feel like it's mistaken, even if I was speeding, I don't think I was going that much over the speed limit. Is there any point in contesting this? Is the argument that the speed camera is wrong a valid reason to contest this or is it possible I will be further penalized for making a fuss? It's not about the money; I'm happy to pay the fine but I don't want to accrue 3 points on my licence, especially given that I don't feel the ticket is accurate. What should I do? I have 7 days to respond to the notice of infringement. Is there any way for me to admit partial liability? Like say maybe I was speeding but I wasn't going that fast or is that like an admission of guilt?
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Apr 7, 2010 04:59
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Serrath posted:I'm not sure this question is appropriate here but I didn't want to start a whole new thread for my own (minor) legal problems. ahahaha No. Is what the judge will say if you try 'I feel the camera was wrong'.
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Apr 7, 2010 07:52
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Serrath posted:I'm not sure this question is appropriate here but I didn't want to start a whole new thread for my own (minor) legal problems. Your only real hope is to attack the accuracy of the camera system.
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Apr 7, 2010 08:19
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Incredulous Red posted:Your only real hope is to attack the accuracy of the camera system. I hope he has a PhD in engineering.
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Apr 7, 2010 08:20
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Nietzschean posted:I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used. get a patent lawyer
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Apr 7, 2010 13:40
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Alchenar posted:I hope he has a PhD in engineering. Not at all. In the states at least they have to furnish you with a copy of a recent calibration certificate for the camera on the day of your appearance. If they don't, you can sometimes attack the presumption that the camera is calibrated properly, and make the inference that the camera is inaccurate. Also in the states, the traffic enforcement cameras are usually operated by a third party contractor, and not the police department. Frequently the procedure for issuing a ticket will go (1) technician reviews the tape; (2) contract writes complaint; (3) supervising officer signs the complaint. In states like California, both the officer who makes the complaint and the technician who prepares the report have to appear in court to support the complaint, and their failure to do so usually results in the complaint being thrown out. I'm not saying that these types of things will work all the time (they don't) that they work in Australia, or that the circumstances there are such that they would make these things valid. But it's still a common law system, and at least the underlying reasons why they work are common to both countries - they're the kind of issues you should bring up if you're determined to fight the ticket. But it's still a traffic citation and he'll probably lose.
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Apr 7, 2010 16:08
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Nietzschean posted:I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used. FYI, the popular belief is that software patents will be going extinct, come the Supreme Court's decision in In re Bilski. We'll see. It should be out pretty soon. There will probably be loopholes still though. In the meantime, you should: 1) not tell anyone any details about your invention, unless it's subject to an NDA; 2) get everything down on paper in excruciating detail. Include details on how your software is an improvement over specific existing software products you are aware of; 3) you can do basic searches of existing patents and patent publications at https://www.uspto.gov to look for prior art. In my experience with fledgling "idea" companies, no one is going to give you a dime before you have a patent application on file.
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Apr 7, 2010 16:20
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gvibes posted:In my experience with fledgling "idea" companies, no one is going to give you a dime before you have a patent application on file. Hell, its hard enough to get people to give you money when you have a patent, customers and a product. Though, my stuff is pretty niche...
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Apr 7, 2010 16:25
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hobbesmaster posted:Hell, its hard enough to get people to give you money when you have a patent, customers and a product. Though, my stuff is pretty niche... No one is going to even talk to you without an application on file No one is going to give you money without an issued patent Even with an issued patent, you probably aren't getting any money
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Apr 7, 2010 16:38
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hobbesmaster posted:Hell, its hard enough to get people to give you money when you have a patent, customers and a product. Though, my stuff is pretty niche... I have no idea whether doing this would be a good idea in your situation, and I can't speak to its accuracy, but read this.
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Apr 7, 2010 17:07
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Had problems with our letting agent regarding electricity bills - the way it worked was the building managers sent our landlord a bill, and he'd then bill us. Only he sent one bill after 3 months, another 6 months later, another two months later than that, and then one more after that. Essentially we have £750 worth of bills sent in December, February, and March. Obviously this is dumb as gently caress, and impossible for budget for so two days before the new lease started (2nd 6-month-lease) we asked to cancel it. The landlord said it'd be cool as long as the letting agents found someone else. The letting agent then asked us to give them a date for someone else to move in, which was one month from the date of the email, so April 4th. Anyway we needed to find somewhere else to live, so we did. Since then the letting agent has done the bare minimum to find someone new, most of the viewings at our old place have come from my ads on gumtree, as I desperately try to do their job for them. As I have it in writing (well, email) that they requested a date for us to move, and the fact that we were refused access to the electricity meter ("we can have someone check it on our behalf, but you can't actually see it yourself"), do we have any hope of getting them to just end the tenancy agreement? Also they have asked us to drop the keys in this week, meaning that we will have no access to the property. HELP PLEASE  Hahaha, okay: went around there today to clean up, noticed that door was unlocked. I emailed the letting agent who confirmed that there had been a viewing in the last week, and apologising for leaving the door unlocked. We were given absolutely no notice of this viewing, so I guess that this comes into effect: code:
Teenagers fucked around with this message at 16:29 on Apr 8, 2010 |
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Apr 7, 2010 21:33
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XaphanTheFallen posted:I could use some help legal goons. What County is it? What sort of assets/income source does this incompetent person have?
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Apr 8, 2010 00:22
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Any goons familiar in government/education corruption? Currently I go to a state university and the administration are cutting student jobs (including mine) that are funded with non-subsidized student fees. These fees are paid by all students based on their semester hours/semester. I was wondering how I would go about looking to see where this (now) excess money is going? I've browsed the budget, but it's mind boggling. Where would the student fee money go for it to be considered illegal? e:I'm in Illinois.
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Apr 8, 2010 18:19
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Crossposting from another thread because it was in the wrong one. What do I do about a LEO targeting me on the same highway the same time frame and day every week for about 2 months now? I play poker about 40 minutes from my house almost every Saturday night. I have to take the Ohio turnpike to get there and usually on my trip back to my house I am the only one on this stretch of highway. The first time I was pulled over it was deserved it was about 3am and I was swerving because I was falling asleep. The trooper pulled me over and was really cool about it. He asked me if I was tired and I said yes and then he asked if I had anything to drink, I told him nope. He asked me to get out of the vehicle and then gave me the field sobriety test. He had me put my hands on my face and follow the pen. I passed with flying colors since I don't drink. I apologized that I had to put him through this and I would be more careful next time, he issued me a warning and that was that. 2 weeks later I get pulled over by the same trooper and I could have sworn I didn't do anything to be stopped. Same thing happens he pulls me out gives me the test I pass and was kinda pissed that it happened again and let my emotions get the best of me and said with a real smart attitude "Do you believe me now that I don't drink?". He gave me a warning and I was on my way. The very next week same time and same place I was with a friend and he pulled me over again this time for speeding. I was doing 70 in a 65 so he was correct I was speeding. Same thing he pulls me out I do the test I pass and after I pass I tell him "Do you just not like me or something?". He says to shut up and go back to my vehicle. He writes me another yellow warning and I am on my way. This has happened at least 6 times and each time he has given me the test but not once has he ever wrote me a ticket. I have been basically trying my hardest to not break any laws so he can't pull me over yet he pulls me over every drat time with another violation. I wish there was a different route to go home but it would seriously add like an extra 50 minutes to my drive home and I am being stubborn about it because I am not doing anything wrong. My question is what do I do. I don't know if I should file a complaint or should I consider this harassment and get a lawyer or what. I don't wanna get involved in some huge case or anything all I want to do is drive home from my poker game every Saturday night without basically having to pay this guys toll or whatever he is doing.
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Apr 8, 2010 20:40
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jase1 posted:Crossposting from another thread because it was in the wrong one. Dude. You're getting warnings.
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Apr 8, 2010 21:43
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Incredulous Red posted:Dude. You're getting warnings. Yes that's true but I also want to stop being harassed. I am not doing anything wrong or he would have given me a ticket by now.
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Apr 8, 2010 22:44
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MonteCarloNOS posted:Any goons familiar in government/education corruption?
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Apr 8, 2010 22:47
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jase1 posted:Yes that's true but I also want to stop being harassed. I am not doing anything wrong or he would have given me a ticket by now. You admitted at least twice in your post that you'd broken the law.
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Apr 8, 2010 22:55
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jase1 posted:What do I do about a LEO targeting me on the same highway the same time frame and day every week for about 2 months now? If you're really paranoid about this, you could record your interacations with the cop. It appears that Ohio allows you to record conversations that you are having with somebody else without telling the other person. http://www.citmedialaw.org/legal-guide/ohio/ohio-recording-law but, Incredulous Red posted:Dude. You're getting warnings.
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Apr 8, 2010 22:57
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Maybe I just am overreacting and it isn't a big deal. Thanks for the help.
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Apr 9, 2010 03:41
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