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gos_jim posted:The following is a purely hypothetical situation. 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.
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Jun 16, 2010 21:08
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Nihilanth posted:I live in Missouri. speaking from recent personal experience (Ontario, Canada) I'm certainly not a lawyer so I'm not certain of the legalese involve but they will charge you to make sure they have somebody responsible for the product. If they arrested and charged only him he could later claim it was yours. They will typically charge all occupants of a house to ensure that they get SOMEBODY. now whether or not the charges will stay in court is another matter, but as another goon posted it'll cost you a night in jail and thousands in legal fees to find out. Once again, this is coming from recent personal experience. If you're moving in with a dope dealer, make sure you know your rights when it comes to search warrants.
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Jun 16, 2010 21:37
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gos_jim posted: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? gos_jim posted: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. In Pennsylvania, the losing party would then have 15 days to appeal the decision. Information pamphlet (page 2 is actually the first page) I don't know how hypothetically close someone is to Philadelphia, but the University of PA Law school has an unemployment law clinic, where they'll do the appeal for you, me, he or she free of charge.
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Jun 16, 2010 22:15
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Dr. Mantis Toboggan fucked around with this message at 23:43 on Aug 11, 2021 |
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Jun 16, 2010 23:20
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You have all been very informative, thanks.
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Jun 17, 2010 01:36
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GOONS ARE MEAN
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Mantis Toboggan. Are you a lawyer or lawstudent? Followup, which school?
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Jun 17, 2010 01:38
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My ex-girlfriend (we broke up in March of last year) has a credit card that she got while we were still together and used for various things like eating out every once in awhile and miscellaneous poo poo like that. She wants me to pay for half of what is now owed. Her name is the only name on the card and I have absolutely no connection to it on any form or anything. I'm not, nor have I ever been, an authorized user. Is there any situation or set of circumstances where I would be legally liable for any of this debt? She has threatened to take me to court over it once before, and I'm pretty sure she doesn't have anything even resembling a leg to stand on. This is Texas, and if it matters, I'm living in Williamson County and she lives in Travis County (I think, I don't know exactly where she lives). Thanks in advance for any help.
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Jun 17, 2010 02:39
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zamin posted:My ex-girlfriend (we broke up in March of last year) has a credit card that she got while we were still together and used for various things like eating out every once in awhile and miscellaneous poo poo like that. She wants me to pay for half of what is now owed. Courts won't waste their time going through her credit card bill for a couple that wasn't married figuring out who paid for the pizza hut delivery or the movie night at the cineplex. If there's any large purchases on there that ONLY you benefited from (new rims for your car, paid off your loan, etc etc (but those could be gifts which makes it even harder for her to collect)) that would be the only situation in which you could possibly owe from it. If she does take you to court, you can always counter and say that you paid for things too during the relationship and they will throw it out, they won't be interested in less you agreed to something being a loan or otherwise what I previously stated. IANAL by the way, whats the balance on the card and how much does she want you to pay?
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Jun 17, 2010 03:34
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OzzyBlood posted:Courts won't waste their time going through her credit card bill for a couple that wasn't married figuring out who paid for the pizza hut delivery or the movie night at the cineplex. If there's any large purchases on there that ONLY you benefited from (new rims for your car, paid off your loan, etc etc (but those could be gifts which makes it even harder for her to collect)) that would be the only situation in which you could possibly owe from it. This is what I thought, too. To add, I never used the card, she always did, whether it was something we bought together or something she bought on her own. I never saw any statements. OzzyBlood posted:by the way, whats the balance on the card and how much does she want you to pay? I'm not sure on the exact total amount. I do know that sometime a year or a year and a half ago, she hosed up something with it like missing a few payments and the interest rate got jacked up to something ridiculous like 28 or 29%. She then worked out a deal with some consolidator or something to where they'd stop the interest for 12 months as long as you don't miss a payment. Whatever the total balance is, she wants me to send her $212/month for the next year or so, so it's probably $2k or $3k+. I don't have any real tangible information for anything on it. I think I remember her saying after the breakup that there was a ~$2k balance on it and that half of it was mine. She claims she paid off her share and after interest, whatever's left is mine, somehow. I think I also remember her saying that she transferred a balance from a card she had before we got together to this particular card. As you can probably tell, she was very secretive about her finances. zamin fucked around with this message at 04:00 on Jun 17, 2010 |
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Jun 17, 2010 03:56
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echopapa posted:It is difficult to start a divorce against someone who is on active duty due to the Servicemembers' Civil Relief Act. Yeah, I'd forgotten about that. Since he's in Germany, is he just protected against civil actions that would require him to show up for court, or would it still be possible to simply draft papers and have him sign them? Talking to his CO is something we've discussed, but as much as he's pissed us off, we'd really rather not see him thrown in jail. He's already in quite a bit of trouble for his past actions, i.e. misconduct and insubordination.
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Jun 17, 2010 04:57
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Mdubb posted:Yeah, I'd forgotten about that. Since he's in Germany, is he just protected against civil actions that would require him to show up for court, or would it still be possible to simply draft papers and have him sign them? Don't let someone gently caress your life just because you don't want them to face the concequences of their actions. There's a reason there are penalties for doing what he's doing.
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Jun 17, 2010 10:02
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Dr. Mantis Toboggan fucked around with this message at 23:43 on Aug 11, 2021 |
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Jun 17, 2010 18:19
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If I have someone's SSN, how can I locate where they live at so I can file a small claims suit? Backstory: I lived in a house with 2 other guys. I and the other roommate left 6 mo. into the lease because this guy was slob and a total rear end in a top hat. We never notified to Realtor (stupid, i know,) so towards the end of the lease the remaining person in the place trashed the house and missed 2 mo. worth of rent. I was sent a collections letter saying I'm responsible for $2,700 in damages. So the way I see it, Yes, my name is on the lease, but I wasn't living at the place nor did I cause the damage. I haven't seen a lawyer, but If can I take this guy to court and prove I didn't cause any of these damages and I wasn't present during the last 6 mo. of the lease, I should be able to get the debt wiped clean off my record? I might even get lucky and the guy wouldn't show to court. He doesn't seem to give a gently caress.
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Jun 17, 2010 19:31
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MalConstant posted:I haven't seen a lawyer, but If can I take this guy to court and prove I didn't cause any of these damages and I wasn't present during the last 6 mo. of the lease, I should be able to get the debt wiped clean off my record?
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Jun 17, 2010 19:44
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MalConstant posted:If I have someone's SSN, how can I locate where they live at so I can file a small claims suit? 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.
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Jun 17, 2010 22:13
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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.
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Jun 17, 2010 22:28
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Mdubb posted:Yeah, I'd forgotten about that. Since he's in Germany, is he just protected against civil actions that would require him to show up for court, or would it still be possible to simply draft papers and have him sign them? Because of the Servicemember's Civil Relief Act issues, I strongly recommend anyone who's planning to divorce a service member go out and get an attorney. Make sure they've done a military divorce before. Certain military benefits, such as his pension, may be up for division in the divorce, and some of his benefits might count towards his child support obligation. Plus, the DFAS is very particular about how they want child support orders to look. Therefore, your sister absolutely shouldn't go forward on a divorce from this dude without a lawyer.
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Jun 17, 2010 23:57
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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. So I'm pretty much wasting my time? Nobody has paid anything and it's been months since I've heard from the collection agency. I'm starting to think it's almost worth it just to let it be and move on. Lesson learned. I wanted him to pay for my share, but If there's nothing I can really do then it's almost not worth the effort.
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Jun 18, 2010 03:21
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Dr. Mantis Toboggan posted:Neither; I just know a lot about how the unemployment insurance process works in Wisconsin, which is why I usually comment on anything UI-related that I see. I do unemployment advocacy at UW Law so I figured I might know you.
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Jun 18, 2010 03:34
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MalConstant posted:I wanted him to pay for my share... Of the rent? You've already said you walked out on the contract, did you figure out a way to take care of the rest of the rent?
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Jun 18, 2010 09:32
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Loopyface posted:Of the rent? You've already said you walked out on the contract, did you figure out a way to take care of the rest of the rent? Not yet. We had a security deposit of $1200, but the total damages and unpaid rent after the deposit was $2,700. There was 2 months of unpaid rent, which I don't even know how that loving works. Anyways, this guy was letting other people live with him, which is a breach of the lease agreement too. This whole situation is fubar. It seems like there's really no way out for me other than the pay a part of the unpaid rent, but the other 2 people don't care at all and are ignoring the whole situation.
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Jun 18, 2010 18:40
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So I hired a contractor to install a sprinkler system. They installed it, but forgot to apply glue to a certain part, and so the thing bursts and destroys my ceiling. The Fire Marshall said the lack of glue on that part was the problem, and I have the part that wasn't installed correctly. So I have to replace the carpet, and rebuild the ceiling and a wall that was damaged due to this. The contractor's insurance, whom I have been dealing with, will only agree to pay me $500. The cost of repairs is closer to $20,000. They say this is because the contract I signed includes the two clause:quote:Indeminity: The purchaser agrees to indemnify and hold X harmless for any expense or loss arising out of or resulting from construction site or faulty or negligent installation of the equipment by the Purchaser or Installer Am I screwed? It seems completely ridiculous that these two clauses lets them do whatever they want, without responsibility? I've contacted a lawyer to discuss my options, but I wanted some other opinions before my lawyer responds.
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Jun 18, 2010 21:00
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Femur posted:Am I screwed? It seems completely ridiculous that these two clauses lets them do whatever they want, without responsibility? I've contacted a lawyer to discuss my options, but I wanted some other opinions before my lawyer responds. Depends entirely on your jurisdiction. Over here in good ol' blighty that clause would be laughed out of court. I'm given to understand that it might depend what state you are in but the odds are on you being screwed.
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Jun 18, 2010 21:16
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Femur posted:So I hired a contractor to install a sprinkler system. They installed it, but forgot to apply glue to a certain part, and so the thing bursts and destroys my ceiling. The Fire Marshall said the lack of glue on that part was the problem, and I have the part that wasn't installed correctly. So I have to replace the carpet, and rebuild the ceiling and a wall that was damaged due to this. The contractor's insurance, whom I have been dealing with, will only agree to pay me $500. The cost of repairs is closer to $20,000. They say this is because the contract I signed includes the two clause: Do YOU have insurance? Homeowners' or Commercial Property? Try turning it in there. If they allow the claim, then they can fight with the contractor's insurer about that clause.
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Jun 19, 2010 01:59
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Femur posted:So I hired a contractor to install a sprinkler system. They installed it, but forgot to apply glue to a certain part, and so the thing bursts and destroys my ceiling. The Fire Marshall said the lack of glue on that part was the problem, and I have the part that wasn't installed correctly. So I have to replace the carpet, and rebuild the ceiling and a wall that was damaged due to this. The contractor's insurance, whom I have been dealing with, will only agree to pay me $500. The cost of repairs is closer to $20,000. They say this is because the contract I signed includes the two clause: It's jurisdiction dependent. In some places, you can waive a negligence claim; others you cannot waive a gross negligence claim, but mere negligence you can. Negligence may not be the only way of getting the money back though, depending on the text of the contract. Your lawyer would know better. -e- ^^^^^ What Solomon Grundy said about your insurance works too though, and probably saves you attorneys fees.
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Jun 19, 2010 03:57
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zamin posted:My ex-girlfriend (we broke up in March of last year) has a credit card that she got while we were still together and used for various things like eating out every once in awhile and miscellaneous poo poo like that. She wants me to pay for half of what is now owed. Back on this, I told her I wasn't going to pay her anything, today. She's claiming now that the money I owe her is for the less than 2 months we stayed at her parents house after we moved down (from Indiana to Texas) and for "supporting me" during the time that I hadn't yet found a job. This was something on the order of a month and a half. We moved down on June 1st of '08 and I immediately found a job working a few weeks for a shady contractor before I quit because he was trying to stiff me money. In July found a part-time job, and then in August found a full-time job, so from August '08 until November '09, I was working 7 days a week. We broke up in March of '09. Until the beginning of January '09, we had a joint checking account (technically, her checking account that I got my name added to). I didn't spend a single dime on anything, and my share of our total bills would have been about $450, not counting groceries or gas. I was making, at the time, something like $1,800/month, after taxes, if not more. When I got my own checking account in anticipation of the breakup, I started from zero, so whatever could have been determined to be mine that was left in her checking account was left there. I don't think she has anything resembling a case (she's saying the amount I owe her is $4k+, because of interest on that card), but she "claims" she's talked to a lawyer. If she does decide to pursue this and hit me with a civil suit, what should I expect, what kind of lawyer should I look at getting, how much (ballpark) should I expect to spend on the lawyer and court costs, and how much time could this be drawn out for? I've never been to court before for anything other than a speeding ticket when I was 16, so I have absolutely no clue. I do know that I'm getting a suit and some dress shirts tailored, just in case.
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Jun 19, 2010 05:09
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So for the past day or so I've had some nut from a small company in australia seeking punative damages of about $308,000 or so because I apparently went out of my way to harass one of his employees. The "harassment" he's talking about was a complaint I filed with the company about said employee. In one of his many email messages to me he openly admitted that the idea behind this wasn't to win any sort of claim, but it was purely to ensure I spend as much time and money as possible fighting this venture. So what im asking is, it seems to me that he's not doing this because I supposedly harassed one of his employees, he's just doing it to be a dick, in which case would that be considered harassment on his part? Ghosthotel fucked around with this message at 10:59 on Jun 19, 2010 |
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Jun 19, 2010 10:56
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Ghosthotel posted:So for the past day or so I've had some nut from a small company in australia seeking punative damages of about $308,000 or so because I apparently went out of my way to harass one of his employees. The "harassment" he's talking about was a complaint I filed with the company about said employee. You forgot to say where you are from. e: but in any case having admitted that this is an attempt at vexatious litigation you should be able to get summary judgement without any cost to yourself if he actually put a claim in Alchenar fucked around with this message at 12:43 on Jun 19, 2010 |
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Jun 19, 2010 12:40
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Alchenar posted:You forgot to say where you are from. Could he actually use rule 11 here?
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Jun 19, 2010 13:51
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JudicialRestraints posted:Could he actually use rule 11 here? Oh he won't get classification as a vexatious litigant but an email outright stating 'I don't actually expect to win I'm just making trouble for you' should get you dismissal on grounds of abuse of process pretty much anywhere. e: I'm UK not US but from my experience the threshold for rule 11 like sanctions is far above what we have here. Courts don't like penalising people simply for bringing litigation so you generally have to do this kind of thing several times and get multiple warnings before you'll finally get sanctioned Alchenar fucked around with this message at 14:19 on Jun 19, 2010 |
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Jun 19, 2010 14:13
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zamin posted:Back on this, I told her I wasn't going to pay her anything, today. She's claiming now that the money I owe her is for the less than 2 months we stayed at her parents house after we moved down (from Indiana to Texas) and for "supporting me" during the time that I hadn't yet found a job. This was something on the order of a month and a half. We moved down on June 1st of '08 and I immediately found a job working a few weeks for a shady contractor before I quit because he was trying to stiff me money. In July found a part-time job, and then in August found a full-time job, so from August '08 until November '09, I was working 7 days a week. We broke up in March of '09. This case is an instant throwout. The item specifically under contention is obviously utter bullshit, so really what is likely going to happen is Filing->Motion to dismiss->Dismissal. That said, go here http://www.abanet.org/legalservices/probono/lawschools/111.html#category_type UT has community pro bono law services, which is the best place to start (cause its free!) E-mail them, see about setting up an appointment. At the very least, you've got some free legal advice. They're also the most likely to help you along the way of taking care of this entirely without hiring an attorney if at all possible to do. Grab your bank records from when you opened your new checking account. Yours will show no direct transfer of funds, if you can still get ahold of the account records from her account for the time when your name was on it (no idea how easy that would be without a subpoena) you might also be able to prove that you took nothing out of after you put money into it in one stroke. That'll give whoever you meet with a leg up on proving that she has no justification for claiming you owe her anything. TheSpiritFox fucked around with this message at 14:52 on Jun 19, 2010 |
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Jun 19, 2010 14:47
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Alchenar posted:You forgot to say where you are from. Ah forgot about that part. From New Jersey, and the guy himself is actually claiming to be from Sussex now through the emails. I actually just got a random message from someone on loving facebook of all places, who seems to have knowledge of this entire thing and as far as I know this dude is a complete stranger.
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Jun 19, 2010 17:29
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Ghosthotel posted:Ah forgot about that part. From New Jersey, and the guy himself is actually claiming to be from Sussex now through the emails. Just stop talking to them. It's not like you've been served with a complaint, right?
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Jun 19, 2010 18:59
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Yeah its what I plan to do from here on out. Thanks for the help!
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Jun 19, 2010 20:54
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I live in Canada so I don't know how much this thread can help me I have something borrowed from a friend. This friend is a lazy gently caress and won't pick up his stuff despite me telling him that it's taking up too much space in my house. I figured out that I can make a pretty penny from selling the stuff but I am wondering if there is any period where I have to hold on to the stuff before I can sell it? What would be the best course of action to pursue with this friend who I have told multiple times to pick up his stuff.
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Jun 20, 2010 03:49
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Tropicana posted:I live in Canada so I don't know how much this thread can help me This is probably a bad idea (conversion.) Give him 20 days to pick up his poo poo and give him the choice of you throwing it out or putting it in longterm storage on his dime.
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Jun 20, 2010 05:12
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Ghosthotel posted:Yeah its what I plan to do from here on out. Thanks for the help! I said this earlier today but getting home tonight from work im not really sure anymore. I got home tonight to about 20 different facebook messages from different people all of them just stupid insults "you're a fag" "gently caress u" poo poo like that. Decided to check my email and Its the same thing except it's about twenty emails worth of the internets best shock images attached to each. Burried in there was an email from the nutjob again telling me that I need to stop acting like a child and apologize for "harassing" his employee. The facebook thing really doesn't bother me, but im not sure if im comfortable with receiving twenty goatse and tubgirl emails. I'm assuming at this point it's pretty much beyond harassment and I'd be able to pursue some kind of legal action? Note: He admitted in the email to sharing my information with his "office", ending it with "Enjoy the fallout".
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Jun 20, 2010 06:36
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Ghosthotel posted:I said this earlier today but getting home tonight from work im not really sure anymore. I got home tonight to about 20 different facebook messages from different people all of them just stupid insults "you're a fag" "gently caress u" poo poo like that. Decided to check my email and Its the same thing except it's about twenty emails worth of the internets best shock images attached to each. Burried in there was an email from the nutjob again telling me that I need to stop acting like a child and apologize for "harassing" his employee. The facebook thing really doesn't bother me, but im not sure if im comfortable with receiving twenty goatse and tubgirl emails. I'm assuming at this point it's pretty much beyond harassment and I'd be able to pursue some kind of legal action? Dude, it's probably the employee you reported loving with you. Regardless, you can't serve a person via Facebook, goatse and tubgirl don't count as being served with a complaint, and, frankly, if he's in another country, your best bet for recourse is through that country's law enforcement. Otherwise, just keep your head down and it'll go away.
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Jun 20, 2010 08:35
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Also Facebook has an abuse report button, use it.
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Jun 20, 2010 09:15
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Incredulous Red posted:goatse and tubgirl don't count as being served with a complaint, YET. I think it's time we form a new committee to revise the FRCP.
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