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Joudas posted:How long is said useless judgement good for, if you know? Depends on the state. Some places, as long as 20 years.
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Jun 25, 2010 18:38
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Ah, okay. I had heard everything from 6 to 20, so I guess that's why. I'll give the Maine courthouse clerk a call and see if they can tell me.
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Jun 25, 2010 18:38
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My question is in regard to HIPPA/Release of Information stuff I worked for a denturist and needed some dental work done so she referred me to a dentist that often sends referrals to her. During the course of my treatment with him I became unhappy with his services and diagnosis so I sought a second opinion. At the second dentists office I specifically did not sign the HIPPA/Release of information form and told them to ask me before they contacted anyone about my case. After speaking with the second doctor I had some work done by him, however, they sent the first dentist a letter explaining what they've done. After coming in a few days later to set up an appointment for more work, they again called the first dentist to speak with him about my case and asked for a referral. Why they didn't ask for a referral before they worked on me the first time, I don't know. I got a call from the original dentist very angry that I had sought care elsewhere. Not only did he call me upset, he called my BOSS upset and asking very personal questions about me. I had left my position at my job during all this due to health reasons. I left on very good terms with my boss saying she'd happily take me back when I felt up to it. However, the dentist asked all sort of personal questions such as "Was I fired for stealing things", "Was I a lazy employee" etc. My boss wasn't going to tell him anything but due to the nature of his questions she did not want him to think poorly of me and told him it was due to health reasons, that I left amicably and she'd hire me back anytime. None of this would have happened, I believe, if the second dentist had done what I asked and not contacted anyone about my case. I've tried to get a hold of him for the last three days but he wont call me back. I feel pressed into a corner to get the job done with the first dentist because I do not want any ill will between him and my boss because he heavily refers to her. I've tried to smooth things over with him and try to say, "Oh it was just a misunderstanding..." but now I don't know what to do. I feel violated that the second dentist called him after I asked them not to and I feel violated the first dentist called my boss asking such personal questions that have absolutely nothing to do with my care. I was trying to get the best care for myself in a delicate situation between dentists so I wanted everything to be kept between only me and the dentist I was dealing with, not between dentists and certainly not between two dentists and my boss who I don't even work for anymore. I'm not even supposed to know he called my boss but my mom took over for me and over heard the conversation. My boss told her he wasn't called as my provider, but just as a friend to her.  What should my next step be? Is there a case for HIPPA violation? Is it worth pursuing? Am I wrong to be so angry? Edit: I'm in Oregon if it matters. KilGrey fucked around with this message at 02:29 on Jun 26, 2010 |
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Jun 25, 2010 23:48
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I was directed to this thread by someone else, because I was told there were people here with knowledge of Wisconsin Unemployment law. Here's the Cliff's Notes version: I gave my 2 week's notice at work on Wednesday because I thought they were going to fire me for posting bad about them on the internet, which they knew about and called me out on. I handed in a written, signed letter of resignation stating my last day as July 8th. Fast forward to today: They fired me. Not for the "misconduct", but they called it "voluntary termination" and listed the reason as "other career opportunities." I have a full two weeks left on the schedule with hours that were promised to me. I can provide documentation of this. Letting me go today costs me almost $1,000 before taxes. Do I have a valid unemployment claim?
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Jun 26, 2010 00:43
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joat mon posted:More fascinating stuff. Oh, I can totally see where you get off saying that's more viable. I guess the only problem is that he has no real "history" (that they know of, at least) to go off of, as they are barely able to verify his identity in the first place. I'd like to keep him malicious and plotting, but my room mate suggested that the incompetency thing could work even without his own manipulations of the system due to the fact that he might not actually understand it. As it is, there's probably some stuff I'm going to have to change... the story could work with him going to prison, I was just hoping for an institutionalization if possible. I feel weird going into details because it sounds so retarded out of context, haha. Oh, I tried to email you through that nifty email feature in your profile, but alas, SA is determined to prevent outside communication (silly peon!). I actually wanted to do something to rectify that, since you'd helped me and all, but I'm not sure it reached you, so if I could steal your email temporarily (I'll forget it after 5 seconds, I promise) I'd be thrilled. :v If you don't want to post it all public styles, mine's my username @ gmail. Thanks again.
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Jun 26, 2010 01:19
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Joudas posted:How long is said useless judgement good for, if you know? No, you can't make her get a job, or report changes in her life to you. It is not contempt of court to fail to pay a judgment. We don't have debtor's prisons anymore. The fact that the judgment came through arbitration rather than trial makes no difference. All a judgment gives you is the right to execute on the judgment. You can execute by liening real property, levying on personal property, or garnishing bank accounts or wages. If the debtor has none of those things, there is nothing you can do. Sit back and hope she wins the lottery. KilGrey posted:My question is in regard to HIPPA/Release of Information stuff HIPAA does not have private right of action. In my state, you could bring a claim for invasion of privacy under these facts, but I think it is a weak damages case. Therefore, if you came to my office, I would not take the case on a contingency fee, but rather would require you pay an hourly fee. Probably not worth pursuing.
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Jun 26, 2010 02:13
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Solomon Grundy posted:HIPAA does not have private right of action. In my state, you could bring a claim for invasion of privacy under these facts, but I think it is a weak damages case. Therefore, if you came to my office, I would not take the case on a contingency fee, but rather would require you pay an hourly fee. Probably not worth pursuing. The form states that if I sign it, it gives them permission to speak with others about my care, so I would have assumed that by not signing it that they couldn't speak to others about my care. Honestly, I'm not hot to sue or anything like that. I just want to get my teeth fixed and not have some stupid "I have the bigger drill" contest between dentists and bringing my boss into it. If the second dentist had just called me back and apologized, told me he didn't realize I hadn't signed that form I probably would have been placated. What really set me off I think was calling my boss, who has nothing to do with this, and asking personal questions about me that have nothing to do with my care all because he's mad I went to another dentist. Also, I'm in Oregon btw
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Jun 26, 2010 02:28
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deadselly posted:Oh, I can totally see where you get off saying that's more viable. I guess the only problem is that he has no real "history" (that they know of, at least) to go off of, as they are barely able to verify his identity in the first place. Incompetency doesn't require a history. The question is just: Is the guy in front of me able to understand what's going on and able to assist in his defense? History can help, but isn't necessary, either legally or as a practical matter. Technically, history isn't required for NGRI either, but as a practical matter, it is necessary. email sent. e: OOOOh! Thank you! Now I need to think... joat mon fucked around with this message at 05:33 on Jun 26, 2010 |
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Jun 26, 2010 05:11
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Should I send a Debt Validation letter, Certified Mail Return Receipt Requested, to a creditor who sent me a summons to court without any warning at all? I can't even really tell if the summons is legitimate as there is no printed court date, nor do they give me the address of the court, only the address of the creditor. I looked up "Mel S. Harris and Associates, LLC" and supposedly this guy is the most hardballin no bullshit bottom of the barrel lawyer in the history of lawyers. They're cracking down on debt after some big financial thing that happened on June 22nd, from what I understand.
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Jun 27, 2010 17:26
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Short version: I cant find what the statute of limitations are on traffic offenses in Orange Country, Florida. Anyone able to find it? Reason I ask: I have a video of me doing something stupid and violating traffic laws from about age 17. If it was seen by the police it may net me a careless and improper start charge. Perhaps even reckless because cops in my area are pretty dickish. However, it is several years old and is kinda neat (I don't drive like this or drive a car capable of doing this any more.) and I'd like to post it online. What is the statute of limitations on charging me with a criminal traffic (reckless) or non criminal traffic (improper start, careless) offense?
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Jun 27, 2010 17:29
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RealKyleH posted:Short version: I cant find what the statute of limitations are on traffic offenses in Orange Country, Florida. Anyone able to find it? Why in God's name would you post a video of you doing something illegal online, regardless of whether or not the statute has run?
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Jun 27, 2010 18:53
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Incredulous Red posted:Why in God's name would you post a video of you doing something illegal online, regardless of whether or not the statute has run? Youtube money? You also can't see my face, its just my car.
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Jun 27, 2010 20:55
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RealKyleH posted:Youtube money? You also can't see my face, its just my car. You should get rid of that, or at the least not post it on the internet. But if you are going to post it on the internet, blank out your license plate. Also blank out any street signs or geographic indicators. If you are planning to make money off of the video, you should understand that theoretically someone could follow the money trail back to you. But it's a stupid idea to post it on the internet.
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Jun 27, 2010 21:56
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Alright fair enough, I'll keep it to myself.
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Jun 27, 2010 22:00
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Tostito posted:Should I send a Debt Validation letter, Certified Mail Return Receipt Requested, to a creditor who sent me a summons to court without any warning at all? I can't even really tell if the summons is legitimate as there is no printed court date, nor do they give me the address of the court, only the address of the creditor. I looked up "Mel S. Harris and Associates, LLC" and supposedly this guy is the most hardballin no bullshit bottom of the barrel lawyer in the history of lawyers. They're cracking down on debt after some big financial thing that happened on June 22nd, from what I understand. A lot of sleazeball collection agencies will send fake court notices to try to get you to call them back, which is a FDCPA violation. Also, is it the original creditor, or a collection agency? It makes a difference because in most states the FDCPA does not apply to the original creditor and they are not required to validate your debt. Anyways, you may have better luck asking in this thread: http://forums.somethingawful.com/showthread.php?threadid=3234974
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Jun 28, 2010 06:59
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Why would he have better luck in a thread about how to beat debt collection (where most answers seem to be by a non-lawyer), when the question is about what he should do in response to a court summons in the legal questions megathread (where we have consumer rights lawyers)?
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Jun 29, 2010 08:47
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How can you 'summon' someone to court without a date, time or location? You wouldn't know where to go or when to be there. That sounds pretty much like bullshit to me. That said, who would he report such violations to?
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Jun 29, 2010 12:30
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Does it even give you the name of the court in the caption? It would probably look something like "IN THE DISTRICT COURT OF THE STATE OF WHEREVER, IN AND FOR THE COUNTY OF HEIMLICH" If you have the name of that court, you can call the county courthouse, give them a case number, and ask if there's a hearing set.
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Jun 29, 2010 14:42
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Hello I have hopefully a quick question. I am in Ohio and this is part of our revised code when dealing with lease-purchase agreements 1351.04 Terms that may not be required. A lessor shall not require any of the following from a lessee: (A) The purchase of insurance from the lessor for property that is the subject of a lease-purchase agreement; (B) Any payment in addition to the number of lease payments specified in the lease-purchase agreement other than the payment described in division (B) of section 1351.06 of the Revised Code, that is required in order for the lessee to acquire ownership of the leased property; (C) Lease payments that in the aggregate exceed the maximum permissible amount set forth in section 1351.06 of the Revised Code; (D) A penalty for early termination of a lease-purchase agreement or for the return of any leased property at any time; (E) A fee for in-home collection of a lease payment unless the amount of the fee is disclosed and the lessee expressly has agreed to pay the fee. Effective Date: 06-29-1988 Specifically does part D mean that if I have a lease with purchase option contract for a home that I cannot be charged a fee for not exercising my purchase option if I just decide to end my lease (with proper notice after staying the required amount of time) and move out?
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Jun 29, 2010 18:21
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echopapa posted:Does it even give you the name of the court in the caption? It would probably look something like "IN THE DISTRICT COURT OF THE STATE OF WHEREVER, IN AND FOR THE COUNTY OF HEIMLICH" If you have the name of that court, you can call the county courthouse, give them a case number, and ask if there's a hearing set. Ok I found out the address of the court. At the top of the letter they wrote an "index number" along with a 4/9/10 date, both of which are written in ink. Is the index number the same thing as a case number? Besides that written date, there is no other mention of any other date that would suggest a court date.
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Jun 29, 2010 19:29
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Tostito posted:Ok I found out the address of the court. At the top of the letter they wrote an "index number" along with a 4/9/10 date, both of which are written in ink. Is the index number the same thing as a case number? Besides that written date, there is no other mention of any other date that would suggest a court date. Is your court one of these: quote:Albany City Court IF YES, go here and search for your case. You can search by your last name, by attorney, or by index numbers. (You have to fill out a CAPTCHA form to prove you are a real human and not a spam bot.) If your court is not listed above, go here and click on your court, then look up the phone number. Call the court, ask for the clerk's office for civil lawsuits, and then tell them the index number, your last name, and see if the case is listed at the court.
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Jun 29, 2010 19:58
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kingfet posted:Hello I have hopefully a quick question. I am in Ohio and this is part of our revised code when dealing with lease-purchase agreements If you are talking about a lease with option to purchase real estate, then the code section you cited does not apply. It deals with commercial transactions involving personal property, not real estate.
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Jun 29, 2010 20:57
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Hello, I would like some advice on a situation I am in right now. I am in Nottingham, UK. I live in a semi-detached house in a student area of the city, the house next door has just today had a new denizen move in. I assume they are a student as I saw them, and what appeared to be their family, arrive earlier on with their belongings in a large car. They're gone now, but they've left the house alarm going because they didn't seem to know what the code was to disable it. It didn't start when they entered the house, but when they left. The alarm's been going for well over five hours and it's loud enough that it'll keep me awake if it continues through the night. I don't think they're coming back, it's quite common for people to move their things into a new house at the beginning of the summer and not actually move in until the beginning of the next academic year. I googled to find out what to do when you have a noise complaint, and the Nottingham city council website said to make a complaint and they'll sort it out, but this is more for long-term noise and will take time to get sorted. Moreover, they're not open at the moment. I've phoned the local police and here's what happened: Me: The alarm in the house next door is going off and has been for five hours. I think it'll keep me awake. Police: Have you noticed any suspicious activity? Me: Nope, there were new people moving in today and I think they just didn't know the alarm code. Police: Can't help you then, we only deal with situations like this if there's suspicious activity involved. Take it up with your council. Me: The one that's closed and can't help me? Police: That's the one. Me: Thanks for your help. It seems like I've exhausted every possible option available to me at this point, short of taking action myself. I'm looking for an outside viewpoint on this. Is there anything else I can do? Anyone else I can contact? Anything I can do to sort this out? Or am I just going to have to endure the noise and have a sleepless night, calling the council when they open in the morning?
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Jun 29, 2010 22:29
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Is there a sign in the front yard or a sticker on a window with the name of the alarm company? Failing that, turn off the power to the house.
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Jun 29, 2010 22:32
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Practical solution not really a legal one but chances are (in the USA at least) the main breaker to the house is right next to the power meter which is right under where the line comes from the street. Open that thing up and shut it off.
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Jun 29, 2010 22:36
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Loopyface posted:Is there a sign in the front yard or a sticker on a window with the name of the alarm company? Failing that, turn off the power to the house. There's no number for either the letting agent or the alarm company written on any sign or alarm box on the front of the house. RealKyleH posted:main breaker to the house is right next to the power meter which is right under where the line comes from the street. Open that thing up and shut it off. I've just been and had a look round the front of the house, and there's not any external breaker box. Every house I've ever lived in has had the circuit breakers inside in a cupboard-under-the-stairs or cellar or something. If the house is identical to this one (which it appears to be from the outside) then it's in the cellar.
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Jun 29, 2010 22:45
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Orlen posted:There's no number for either the letting agent or the alarm company written on any sign or alarm box on the front of the house. Start calling security companies in your area until you find one that'll help out.
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Jun 29, 2010 22:46
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Orlen posted:There's no number for either the letting agent or the alarm company written on any sign or alarm box on the front of the house. Is there any sign for any company at all? Is there a company almost everyone in the area uses? Also yea, circuit breakers are usually inside, main breaker is usually outside I thought. Desperate times for desperate measures, put on a giant body sized condom with arms and go cut the main power line with giant shears.
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Jun 29, 2010 22:47
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The alarm just turned off on its own! Problem solved now, I suppose.
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Jun 29, 2010 23:05
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edit: n/m
dividebyzero fucked around with this message at 00:18 on Jul 1, 2010 |
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Jun 30, 2010 23:02
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Question I just received a traffic citation for failure to yield right of way in an uncontrolled intersection. My side of the story is that the police officer was only 2 days on the job and had been speeding through an unregulated intersection where I could not see the lane he was in without pulling into the intersection. I did this, and he thought I was going to hit him, he swerved to the side, turned on his lights, and pulled me over. What I'm wondering is how I should present my story to a judge to get the ticket differed, and whether or not I should try to go after the officer for going way to fast and being trigger happy with traffic citations. Basically if I were to take a picture of where I was right before he pulled me over, I was about 2 feet into the intersection, peeking around the corner, and he was several feet forward with just barely the back end of his car perpendicular 1-2 feet from the front of mine. EDIT: And yes I am really butthurt about this and because it only just happened all I really care about I guess is getting it differed and then getting revenge. Fontoyn fucked around with this message at 01:05 on Jul 1, 2010 |
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Jul 1, 2010 01:01
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Fontoyn posted:Question Fontoyn posted:My side of the story is that the police officer was only 2 days on the job and had been speeding through an unregulated intersection where I could not see the lane he was in without pulling into the intersection. Even if it's true about the cop (it's certainly possible), how are you going to prove to a judge 1) that the cop was going too fast and 2) that he is ticket happy and/or ticketed you to cover his error? If you really want to spend too much time and money on this case, you could get the local department of transportation out there to verify (and testify) that it is impossible for anyone to see the lane the cop was in without pulling out into the intersection. Although it's less likely to be successful, you instead could go shoot some video showing the vegetation/ elevation/ blind curve/ whatever it is/ that makes it impossible to see the other lane. If it is true that it is impossible to see oncoming traffic without driving out into the intersection, there should also be a verifiably large number of crashes at the intersection. If not, maybe you should be more careful. If you're in or around Spokane, be careful before you lose your license. Fontoyn posted:I [pulled into the intersection], and he thought I was going to hit him, he swerved to the side, turned on his lights, and pulled me over. Fontoyn posted:EDIT: ... all I really care about I guess is getting it differed and then getting revenge.
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Jul 1, 2010 04:53
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I'm interested in creating a travel brochure focusing on local places in Ocean City, Maryland. I'm going to make a website, sell brochures (sell them to stores, which will sell them, not me personally), and also sell pdfs on my website. Can I run into trouble by doing this with the city?
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Jul 1, 2010 21:51
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Hi guys, I'm 19 and live in Boston and I'm in a bit of a pickle. Long story short, I was letting my friend drive my car (he's also 19, and only has his permit) to teach him the ropes and he got in a fender bender. My car's got a busted hood and radiator, but the lady we hit just had a few scuffs on her back bumper. She filed a claim with the insurance company and I got the accident forms I have to fill out in the mail. My question is, if I put my friend down as the operator of the vehicle, am I gonna be royally hosed? The police know he was driving illegally, but didn't seem to care and neither did the lady we hit. I just don't want my parents to get surcharged an outrageous amount since they've been under a lot of financial stress. I've learned my lesson and my friend and I are splitting the repair bill, but I really don't want my parents to have to pay for my dumb rear end mistake. Any suggestions?
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Jul 2, 2010 17:20
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Edged Hymn posted:Hi guys, I'm 19 and live in Boston and I'm in a bit of a pickle. Long story short, I was letting my friend drive my car (he's also 19, and only has his permit) to teach him the ropes and he got in a fender bender. My car's got a busted hood and radiator, but the lady we hit just had a few scuffs on her back bumper. I can shortern this post into a single question: "Should I commit insurance fraud when I know the Police are aware that the statement I intend to make is false?" For future reference when something like this happens the best course of action is to offer to settle up with the other driver without involving the insurance companies.
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Jul 2, 2010 18:11
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The simple question has a very simple answer. Tell the truth.
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Jul 2, 2010 18:34
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I tried to settle the issue with the driver but she went ahead and filed a claim anyways. But whatever, my question's answered. Thanks guys.
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Jul 2, 2010 18:46
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I just got my first speeding ticket, and I was hoping to get some advice. I was traveling down to Portland OR from Seattle, and I got pulled over in Vancouver WA when the speed limit changed from 70 to 60, and I was still doing 70. Got a ticket for 113$. I'm 23, and I don't want this on my record as I heard being below 25, it can really screw up your driving record and insurance. Since I live in Seattle, it would be very difficult for me to drive all the way down to Vancouver for a hearing. I did some research, and it seems that there are a few options. 1. Get an attorney and have him help contest it in court in your absence. I'm guessing this is possible because (I think) speeding is considered a civil infraction, and not a misdemeanor. Correct me if I'm wrong. 2. Try to get the ticket deferred by calling the court clerk. 3. Just pay the ticket. This seems to be the least preferable. Any suggestions goons?
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Jul 4, 2010 18:09
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There is/was a whole thread on dealing with speeding tickets in AI.
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Jul 4, 2010 18:25
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Hopefully this is an easy/simple question: I literally have no idea who to talk to, lawyer wise, in Utah. I can find plenty of names in the yellow pages but I'm not specifically sure what to look for. Long story short my wife co-signed for a car a few years back, the owner defaulted, and since the collections folks can't reach the original owner and I answer my phone, they want me to pay. Obviously it was a bad move to co-sign for the car, but what I'm trying to find is someone in Utah/Salt Lake that can answer some questions on the subject, but I'm not sure who to start with. I've seen mention of debt consolidation and consumer attorneys and such, but I have no way of evaluating which type of lawyer to look for or how to tell them apart, and I'm not too excited about randomly giving my phone number to every WE CAN FIND A LAWYER FOR YOU web site that shows up on google. Any suggestions on how to go about finding someone?
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Jul 7, 2010 15:20
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