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Dr. Mantis Toboggan fucked around with this message at 23:47 on Aug 11, 2021 |
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Aug 12, 2010 18:35
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Dr. Mantis Toboggan posted:What is the process for submitting an affidavit for a friend's upcoming misdemeanor hearing? Have you been asked to do this by either the defense or the prosecution? You shouldn't submit anything unless you have been asked to.
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Aug 12, 2010 19:02
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entris posted:Have you been asked to do this by either the defense or the prosecution? You shouldn't submit anything unless you have been asked to. This is something that I think varies from jurisdiction to jurisdiction. Ask your friend's lawyer.
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Aug 12, 2010 19:12
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Dr. Mantis Toboggan fucked around with this message at 23:47 on Aug 11, 2021 |
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Aug 12, 2010 19:25
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Dr. Mantis Toboggan posted:I'm not sure if he's retained an actual lawyer or not Then you should ask him that, before you do anything.
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Aug 12, 2010 19:29
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I'm not saying one way or another that you should do what you are talking about. But for information's sake, affidavits signed and notarized in one state are generally recognized by other states when the requirements of the state in which they were notarized are met. Affidavits usually don't need to be in a particular form but depending on the state they will probably need certain information on them that a notary can tell you should be in there. Your friend can bring it in, but I don't know how much good it will do him or if the court will even consider it.
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Aug 12, 2010 19:32
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The generic requirements of an affidavit being a statement at the beginning that the affidavit contains to the truth to the best of your knowledge and a signature at the end.
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Aug 12, 2010 19:35
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Phil Moscowitz posted:I'm not saying one way or another that you should do what you are talking about. He's effectively trying to admit testimony without providing opposing counsel the opportunity to cross. Is that legit? E: I haven't taken evidence yet
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Aug 13, 2010 00:12
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Wisconsin Lawgoon checking in. If you want me to I could figure out the specifics of an affidavit in Wisconsin (main sticking points I remember is that you have to make sure that the notary uses their seal on it) I could, but I think you should be more concerned with the specifics of TN affidavits. E: you can use affidavits on other shiz like summary judgment.
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Aug 13, 2010 00:17
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Incredulous Red posted:He's effectively trying to admit testimony without providing opposing counsel the opportunity to cross. Is that legit? Nailed it. It's hearsay.
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Aug 13, 2010 02:54
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Only if he wants it admitted though. He might be trying to submit it to the prosecutor for leniency or some such, where it wouldn't be admitted as evidence but the effect would still be had.
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Aug 13, 2010 06:07
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Ok, just putting this out there. I'm writing up the narrative backbone to a graphic novel/comic book/whatever. I'm kind of worried about people either taking half ideas I put out in public domain and finishing them and claiming to either be me or being a logical successor to my ideas without my permission. I want to advertise in the digital age and get my product out, but I've seen what happens to people who don't cover their rear end. A guy in my hometown had a patent more or less stolen from him because he didn't cover his rear end, and I'm broke as gently caress, so I don't want to risk a similar situation. My question is multi-fold, and probably silly, but here goes. 1) how much should I protect myself when it comes to people biting my idea? My natural instinct is to be fairly liberal about it, but I don't want to end up broke with a played out idea before I even get a chance to go to market with what I'm producing. 2) How much should I trust social sites with my copywritten work? I've heard facebook's policy relating to works posted on their site is anything but open, though I could be wrong. 3) Am I just being paranoid, or am I somewhat legit in my concern that if I put my work out there, it won't just be ripped off and appropriated by some lazy gently caress who wants to pretend to be doing the work I've done? I really want to do some viral advertising relating to the thing I'm working on, but I'm worried that if I rush into it, I can risk giving up my rights to the work if I don't do it right. That's my main concern. I'm a broke gently caress, and the last thing I need is for the one thing I produce to be ganked by some halfwit and reappropriated without my knowledge or consent. Help me A/T, you are my only hope. Thanks for your patience and time, if you grant either.
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Aug 13, 2010 07:33
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cucka posted:Ok, just putting this out there. I really don't understand what you are asking here. If you write or draw something, register the copyright for $30. That will allow you to enjoin or seek damages from someone else who copies your written or drawn expression of the idea that you have. It doesn't protect the idea itself, though. If you are in the process of writing or drawing something, don't post any of it until you are done, and then only do so after you apply for your copyright registration.
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Aug 13, 2010 11:14
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cucka posted:I'm kind of worried about people either taking half ideas I put out in public domain... Things don't automatically go "in public domain." If you create something, you automatically have copyrights to that creation. However, if you want to take someone to court, that copyright has to be registered. And it really is cheap, as S. Grundy pointed out. To make your life easy, finish the creation, register the copyright, then do your viral marketing.
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Aug 13, 2010 15:00
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cucka posted:
The other responses that you've gotten were both good, and I'd like to point out an additional issue: have you researched the typical life cycle for a graphic novel? I'm not sure that you need to do any "viral" advertising - however you define it. If you are interested in print publishing, you should check in with the goons over in the Creative Convention area, I think there are some goons in publishing who can give you pointers. I also want to point out that putting your novel on a website as you finish pages / story arcs is a viable method for building buzz about your story - and you don't have to get a publisher on board, either. There has been a lot of serious comic work published first on the internet, then collected and published in book form. Take a look at Penny-Arcade, for cryin' out loud! They don't even write story arcs and yet you can now find their books in Barnes and Noble due to their popularity on the internet. So my suggestion to you, as an aspiring small business person (and make no mistake, creating and selling a graphic novel is a small business), is that you should really spend some time checking out business models for your industry. Talk to other comic book writers / artists, see what has worked for them, etc. Good luck!
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Aug 13, 2010 15:22
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Where do I file? F'reals, maybe its a silly question. To enforce a contract signed by a British Columbian (me - interior) and an Albertan (near Edmonton) in small claims/Civil, does it matter what court I file in? I think I want to file in Alberta, but can I file in... say... Hinton, or does it have to be near Edmonton?
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Aug 13, 2010 17:03
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helpful people posted:Helpful stuff Thank you everyone for your helpful replies. My idea was to build it on the go, as I more or less have 3 "books" (length undefined) set in my head and ready to go, and the main hang up is getting the fine details down, which is going well, and getting my art guy off the bench and working, which is proving to be more challenging. I was thinking it might be fun to be able to unveil work as it is getting done, using social networking sites and the like to generate buzz much like entris said. Facebook's ToS relating to works hosted on their site (I can't remember the specifics, but essentially they can claim your work for their own purposes if it's hosted on their site was how I interpreted it) basically put a fear in me that I'd end up like this poor schmuck who I was a childhood friend of. He invented some insane high power sprinkler for fire departments and had the patent more or less ripped off because he didn't take the time to cover his rear end before bragging to everyone about his idea. I'm desperately broke, and there are a lot of people relying on my to not be a bum and do something with my work. It would be crushing to me if I actually got the work done then had it stolen from me. To get to the question side, again, is a copyright only really necessary once it's finished, or do I need to pull the trigger on that before any kind of creation-oriented advert campaign, like what entris mentioned with posting as it's created? My plan was to use various sites to host works and to post some stuff as I go along making it. Should I have my work copywritten before doing that? Can I even copyright something unfinished? Would it be worth my time to just get that taken care of now, and would any potential copyright be valid relating to the finished work? You guys have been very helpful. Thanks so much for your help.
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Aug 13, 2010 17:48
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If you post a single page / panel of your comic, I believe you have a copyright over that. Copyright isn't going to protect you from someone else liking your story and making a spin-off of their own, unless they actually use your plot elements or your writing. I also think you are putting the cart in front of the horse - you're worrying about someone stealing your awesome idea before you can get it out there. But you need to make sure you have an awesome idea first - make sure your story arcs are well-crafted, your characters are compelling, and your art guy is doing a good job. You don't need to worry this much about copyright issues at this stage in the game, you are unnecessarily stressing yourself out. Also, I think you could probably get some pretty cheap webhosting to throw your comic up onto - you may want to stay away from using Facebook as your prime method of distribution, although throwing a link to your website up on Facebook is a fine idea.
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Aug 13, 2010 18:48
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cucka posted:Facebook's ToS relating to works hosted on their site (I can't remember the specifics, but essentially they can claim your work for their own purposes if it's hosted on their site was how I interpreted it) basically put a fear in me... From the Facebook Terms of Service: Facebook ToS posted:For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. Basically, you give them license to post your IP (as you've explicitly asked them to post it by uploading it) and for other users to share it. That last little bit about other users is covering their butt, since it's realistically difficult for them to track down all the instances of an IP and delete it. Personally, I wouldn't use Facebook for this, as they have a history of changing their terms in questionable ways. I think you'd be better off posting material to a domain you own (where you have absolute control over the material), and using Facebook for whatever viral stuff you have in mind. I just don't think I'd post anything to Facebook that I was seriously worried about controlling/protecting. If you're determined to use Facebook, be explicit about the copyright protections you are asserting. There is wide-spread misunderstanding about copyright, especially among younger users on social networking sites. Somehow people have gotten the idea that you can steal anything as long as you "claim fair use." This is, of course, not how fair use works at all.
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Aug 13, 2010 19:59
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Wasn't sure whether to post this here or in the small questions thread, but it deals with the finer points of social security law, so anyways, My father died about 4 1/2 years ago, what I'm interested in is I'm still eligible for survivor's benefits given the the amount of time gone by/circumstances. Social security's website says children are eligible for survivor's benefits if they're under 18, or up to 19 if enrolled full time in secondary school. I was a week past 18 at the time, but was enrolled full time as senior in high school at the time. For anything else that might be relevant to a claim my father was single at the time, and my sister far too old to make a claim. So given the circumstances am I still/was I ever eligible for anything?
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Aug 13, 2010 20:10
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Amused to Death posted:Wasn't sure whether to post this here or in the small questions thread, but it deals with the finer points of social security law, so anyways, Taking this info at face value, you were eligible for benefits until you finished high school. You wouldn't be eligible for anything at this point. If you have any questions, you should call the survivor benefits hotline: 1-800-772-1213. You'll get a more definitive answer than you will here.
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Aug 13, 2010 20:22
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entris posted:If you post a single page / panel of your comic, I believe you have a copyright over that. Echoing this, and also that you have to balance copyright exclusivity versus the amount of reach you want to get. Basically, there will always be scraper sites that infringe your copyright and such, but you have to balance going after them with the amount of additional viewers that they'll get you. It's quite rare that someone would infringe on your copyright in a way that actually hurts you (they may copy your stuff but in such a way that it's entirely clear that you were in fact the author). So it's up to you to determine whether the copying in fact helps you. This is the argument behind the free culture movement, and as the local free culture guy here, I can tell you that I've gotten a LOT of mileage and a good amount of publicity from a few works that I've released under free licenses. Yes, I lose out on a bit of control, but I gain so much more by allowing my works to be widely shared and seen.
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Aug 13, 2010 21:49
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Goon Account posted:Where do I file? F'reals, maybe its a silly question. If you file in B.C., you still have to serve the person you're suing. Generally speaking, small claims will permit you to do that by registered mail. What will likely happen in that case is the person in Alberta will ignore it, you'll get default judgment in B.C., and then you'll have to register the judgment in Alberta. That's a huge pain in the rear end. If you're convenient to an Alberta court, suing in Alberta would cut out a lot of the above steps. Pick the court of your choosing.
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Aug 14, 2010 04:45
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I live in NYC, and about 4 years ago I got a $20 summons for something absurdly trivial (not that it matters). As I recall, this particular summons did not allow me to plead guilty by mail. The idea of wasting hours going downtown just to pay $20 irritated me more than the money itself, so I just said "gently caress it" and ignored it. Whoops! I am dumb and now realize that means I have a warrant out for me and will get picked up and taken to the station if the cops ever run my name through their system if I ever get caught doing any other little thing. So, my question is, how do I clear all this up, pay the original summons and whatever else? The physical summons/ticket/whatever itself is long gone, I assume, though possibly buried under some papers somewhere.
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Aug 14, 2010 06:29
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Potrod posted:So, my question is, how do I clear all this up, pay the original summons and whatever else? The physical summons/ticket/whatever itself is long gone, I assume, though possibly buried under some papers somewhere. Call the court.
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Aug 14, 2010 10:08
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potatoducks fucked around with this message at 09:56 on Jan 16, 2017 |
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Aug 15, 2010 20:29
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jeffsleepy posted:I'm not sure if there is a housing thread. Anyways, I moved out of my previous apartment on 7/15/10. The landlord sent me a letter dated 8/9/10 which states some deductions from my deposit for utilities during my final month of stay. There were no other deductions mentioned, and at the bottom the statement of deposit states "refund check will be mailed separately." However, there is a separate page that states: I have absolutely no backup for this, but it sounds more like he's just being careful not to limit his claim on you in case (eg) you did something undetectable to the boiler that's going to cause it to explode in a month. It doesn't fit in with the narrative of someone trying to screw you over that they highlight the fact that you have the option of arbitration by a court. It's also probable that they're just holding back the cheque until you confirm that you agree with the deductions. Do you actually have an issue with the deductions or is this a hypothetical?
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Aug 15, 2010 21:59
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I posted this is the debt collector thread but I will repost here as well in hopes of more activity. State: Rhode Island So for the past 2 two months my house has been getting calls at all hours every day from these debt collectors looking for somebody named Lisa Smith. There is no Lisa Smith here, there never has been. We got a new number about two years ago and it is a number they have on file. These people are incredibly rude, they completely don't believe you when you tell them there is no Lisa here they just think your screwing with them. There no way to prove a negative, there is no Lisa Smith here but they just will not stop calling. I am perfectly willing to sue the poo poo out of these mother fuckers if there is any reasonable cause to do it. I have already told them to stop calling obviously. What course of action should I take?
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Aug 16, 2010 02:14
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Conqueror Bounma posted:I posted this is the debt collector thread but I will repost here as well in hopes of more activity. Here is a useful page: http://www.riag.ri.gov/civilcriminal/consumerfaq.php quote:How do I stop a debt collector from calling? Get the caller's information, tell them you need an address to send a check to or something, do whatever to get some form of contact information from them. If you need to pretend to be Lisa Smith, do it. Whatever. Get the information. Then send them a letter telling them to stop, and keep a copy. If they don't, call up the Consumer Protection Unit of the RI Attorney General and report them. Also try the Better Business Bureau. First order of business is definitely getting some sort of identifier for them, so you know who is calling you. Here are some statutes: http://www.rilin.state.ri.us/Statutes/TITLE19/19-14.9/19-14.9-5.HTM http://www.rilin.state.ri.us/Statutes/TITLE19/19-14.9/19-14.9-6.HTM Remedies and Penalties: http://www.rilin.state.ri.us/Statutes/TITLE19/19-14.9/19-14.9-13.HTM Tell the next person who calls that you need an address to send a check to, get an address, and then go down to your local court and fill out a civil claim against them.
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Aug 16, 2010 02:30
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entris posted:Get the caller's information, tell them you need an address to send a check to or something, do whatever to get some form of contact information from them. If you need to pretend to be Lisa Smith, do it. Whatever. Get the information. Then send them a letter telling them to stop, and keep a copy. If they don't, call up the Consumer Protection Unit of the RI Attorney General and report them. Also try the Better Business Bureau. This seems like a bad idea, one that in a worst case scenario results in you standing in front of a judge having to explain why you claimed to be the person oweing the debt. You don't want a remedy that's for the actual debtors, you want them to move on. It might be galling, but try offering to allow them to visit the property to satisfy themselves that no Lisa Smith lives there. If they turn that down then you have a better shot at a harassment claim.
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Aug 16, 2010 10:23
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Alchenar posted:This seems like a bad idea, one that in a worst case scenario results in you standing in front of a judge having to explain why you claimed to be the person oweing the debt. You don't want a remedy that's for the actual debtors, you want them to move on. I can't imagine that any court would condemn an innocent consumer for trying to get harassing phone calls to stop. But I suppose you raise a fair point. Perhaps these debt collectors will be happy to hand over their contact information, company name, etc. The point is: the victim needs to get their contact information and their identity before any other remedy is possible.
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Aug 16, 2010 13:41
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There's a whole statute available for you to use to bring fear into the hearts of debt collectors: the FDCPA. There are any number of do-it-yourself FDCPA prosecution guide sites out there, and while I can't vouch for any of them in particular, I have seen FDCPA cases successfully prosecuted by pro se claimants. It'll get the debt collector off your back and - with some decent negotiating - could net you a few hundred (or few thousand) bucks in your pocket.
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Aug 16, 2010 15:10
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This is a good collection of goon-written info on dealing with debt collectors, why it's not in the OP on that thread I don't even know. http://www.wyseguys.com/blog/archive/2008/01/08/debt_collectors_and_how_to_deal_pt_1.aspx
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Aug 16, 2010 15:18
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I live in Boulder, CO which has pretty strict pet laws - back in early July my dog broke out of the house and killed the neighbors cat. I paid the veterinary clinic where the cat was taken for the medical bills incurred during an attempt to save its life. The next day I was charged with with 'Aggressive animal' and 'Dog at large', with a required court appearance about 2 weeks later. I pleaded guilty to the charges and the judge ordered that an evaluation of my dog would be required, upon which I'll go back to court for a final judgment. So, I took the dog to the evaluator and he wrote up a report to send back and set a final court date for August 31st. Fast forward to this past Saturday, while I was out the house my roommate accidentally left the door open and the dog got out again. I came home to a note on the door from animal control letting me know that I would need to pick the dog up at the pound. When I got to the pound I was greeted by 2 officers holding a ticket for an additional 'Dog at large' court appearance, which destroys any argument I had in court. I had them stack the court date on top on my scheduled appearance on the 31st. I honestly believe that this will happen again regardless of the measures I put forth in order to prevent my dog from escaping and/or killing another animal. He seems to be getting worse with time. Should get a lawyer? How much would I likely spend? I would like to find him a new home through the Humane Society, although I don't know what I can do while I still have a court date pending.
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Aug 16, 2010 16:53
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lhunc posted:I honestly believe that this will happen again regardless of the measures I put forth in order to prevent my dog from escaping and/or killing another animal. Have you seen Old Yeller?
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Aug 16, 2010 17:03
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baquerd posted:Have you seen Old Yeller? In Boulder you don't own your pet, you're the 'Caretaker'. I'm just as worried if anything happens to him they'll somehow get me for that too.
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Aug 16, 2010 17:25
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lhunc posted:my roommate accidentally left the door open and the dog got out again Get a better roommate.
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Aug 16, 2010 17:43
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Schitzo posted:If you file in B.C., you still have to serve the person you're suing. Generally speaking, small claims will permit you to do that by registered mail. What will likely happen in that case is the person in Alberta will ignore it, you'll get default judgment in B.C., and then you'll have to register the judgment in Alberta. yeah. If you want to make a trip to Vancouver there's a new simplified small-claims trial procedure for claims under 5000$. In and out in under an hour apparently. http://www.smallclaimsbc.ca/simplified-trials.php
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Aug 16, 2010 17:56
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eviljelly posted:Get a better roommate. In the works, only 1 more month with that rear end.
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Aug 16, 2010 17:57
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lhunc posted:In Boulder you don't own your pet, you're the 'Caretaker'. Since Boulder's dog laws are strict liability, I wonder if the roommate might be liable to you in tort for the fines that occurred as a result of him negligently allowing your dog to escape. Incredulous Red fucked around with this message at 18:06 on Aug 16, 2010 |
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Aug 16, 2010 18:01
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