Legal Questions: do not communicate with the demon at all except through your genie

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ZarathustraFollower: Mar 14, 2009

So I have a legal-ish? question, and I hope this is the right place to ask.
On Thursday, the recent healthcare bill in the US implements that a child can stay on their parents insurance until they are 26. My girlfriend's tricare runs out (she turns 22) in December, so does this means she will still be covered until she is actually 26?

Sorry if this is the wrong thread, I didn't really know where to ask.

# ? Sep 23, 2010 08:24

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# ? May 16, 2024 19:00

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

ZarathustraFollower posted:

So I have a legal-ish? question, and I hope this is the right place to ask.
On Thursday, the recent healthcare bill in the US implements that a child can stay on their parents insurance until they are 26. My girlfriend's tricare runs out (she turns 22) in December, so does this means she will still be covered until she is actually 26?

Sorry if this is the wrong thread, I didn't really know where to ask.

The recent healthcare bill pertains to private insurance; TRICARE is public. There are Senate and House bills that seek to address your girlfriend's problem and raise the age to 26; both are stuck in their respective Armed Services committees.

This was as good a place as any to ask, but there is also a Goons in Platoons quick question thread. http://forums.somethingawful.com/showthread.php?threadid=3310326

e: If she's in school, she's eligible to age 23; if she isn't in school, her eligibility ran out when she turned 21.

joat mon fucked around with this message at 19:25 on Sep 23, 2010

# ? Sep 23, 2010 13:12

entris: Oct 22, 2008; by Y Kant Ozma Post

JeffOneShotWong posted:

Virginia state.

I'm a tenant.

My landlord hasn't been paying her condo fees. I guess she has been simply pocketing the rent checks I've been sending her instead of paying condo fees.

The condo association sends me a court order in an attempt to come after me for her outstanding debt. It turns out that it was in my lease. The condo can come after me to garnish my rent checks as payment towards my landlord's debt.

I ask my landlord about this. She says to not worry about it and to continue paying her rent and that she would take care of the debt before the court date.

I follow her instructions. A month or so later, I receive a 'show cause' court order. It turns out that the debt was never taken care of and my failure to show up in court made it look like I was in working alongside with my landlord in being a deadbeat.

I show up in court and agree to send my rent checks to the condo association instead of to my landlord. The court order states that I am not to pay rent to my landlord and that is it to be garnished and given to the condo association.

My landlord calls me and tells me that I am to pay her rent and that if I don't, I will be incurring late fees. I tell her I don't believe her and that I am simply following court orders not to pay her and will be sending it to the condo association instead.

Before I send out my rent check to the condo association at the beginning of the next month, my landlord files for bankruptcy.

Because of the bankruptcy, the condo association doesn't accept my rent checks because everything is to be put on hold. The condo association tell me to just hold on and wait.

I don't know who to pay rent to so I continue to accumulate the rent in an account knowing that I am receiving unjust enrichment in all this and will have to pay someone or something sometime down the line.

Things start breaking down in the apartment but the landlord won't fix it since I am not paying the rent she is expecting. The condo won't fix things because there are outstanding debts associated with the apartment. I end up using my own money to fix some things and have kept the receipts.

A few months later, the bankruptcy goes through and my landlord's debts are discharged.

Now my landlord is attempting to come after me for the rent money originally meant for the condo association even though the rent wasn't being accepted by the condo association.

She also is tacking on late-fees from the time I first started withholding the rent. She says the late-fees are expected since I was supposed to have been sending rent checks to the condo association and the act of not sending it to the condo association (even though the condo association wasn't accepting my rent) means the late-fees are justified.

Does she even have a case here? How much rent do I owe (ie: from time I stopped paying her to now, or from the time the debt has been discharged to now?) and to whom?

tl,dr:
Is my landlord entitled to back-rent that I have withheld from her under the instructions of a court order so that it could be garnished as payments towards my landlord's outstanding condo debt? However, said back-rent was never accepted by the condo association due to my landlord filing for bankruptcy before payment began?

1. I think her claims for late fees is bullshit. She doesn't get to charge you late fees when you attempted to make payment as you were directed by the court.

2. You obviously owe someone the back-rent, as you know since you placed the funds in an escrow account. If you were my client, which you aren't, I would file an interpleader pleading. Virginia law states:

Va. Code 8.01-364 posted:

A. Whenever any person is or may be exposed to multiple liability through the existence of claims by others to the same property or fund held by him or on his behalf, such person may file a pleading and require such parties to interplead their claims. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant in an action who is exposed to similar liability may likewise obtain such interpleader. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in � 8.01-5.

B. The remedy herein provided is in addition to and in no way supersedes or limits the remedy provided by any other section of this Code.

C. In any action of interpleader, the court may enter its order restraining all claimants from instituting or prosecuting any proceeding in any court of the Commonwealth affecting the property involved in the interpleader action until further order of the court.

Such court shall hear and determine the case and may discharge the appropriate party from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment.

D. A person interpleading may voluntarily pay or tender into court the property claimed, or may be ordered to do so by the court; and the court may thereupon order such party discharged from all or part of any liability as between the claimants of such property.

Basically, you file interpleader with the court, explain the problem to the court ("Your honor, I have the back rent in a separate account and I am prepared to pay it to the appropriate person, but I am not clear whether I should pay the landlord, pursuant to the lease agreement, or whether I should pay the condo association, pursuant to the court order.") You would deposit the money with the court, and the condo association and landlord can fight it out and you are absolved of liability for the back rent.

In the same proceeding, you could also ask the court to resolve the issue of late fees.

Unfortunately, I'm not sure you should do this as pro se. Where in Virginia are you located?

# ? Sep 23, 2010 15:19

eviljelly: Aug 29, 2004

I'd just not pay her anything at all to spite her for being a bitch, but that's just me.

# ? Sep 23, 2010 15:27

100 HOGS AGREE: Oct 13, 2007; Grimey Drawer

ChubbyEmoBabe posted:

OOps I got you confused with the texas guy earlier. The general stuff in there is a good read but here is the more specific stuff for michigan:

http://courts.michigan.gov/scao/selfhelp/smallclaims/sc_help.htm

Your local courts probably have a lot more specific information on their website.

Thanks a bunch, I appreciate it. I'll have to dig into this once I get some free time.

# ? Sep 23, 2010 18:33

JeffOneShotWong: Aug 23, 2005; ...

entris posted:

1. I think her claims for late fees is bullshit. She doesn't get to charge you late fees when you attempted to make payment as you were directed by the court.

2. You obviously owe someone the back-rent, as you know since you placed the funds in an escrow account. If you were my client, which you aren't, I would file an interpleader pleading. Virginia law states:

I'm pretty sure her claim for late fees is bullshit as well. I remember countless times she tried collecting rent during the time of her bankruptcy proceedings and I just stood my ground and told her 'I have a court order instructing me to withhold rent from you so that it can be garnished as payment towards your outstanding debt. Unless you provide me legal documentation rescinding that court order, I will follow their instructions and not yours'. All those months she provided nothing. She even had her lawyers call me threatening to evict me and I told him the same thing and he had no response to it.

entris posted:

Basically, you file interpleader with the court, explain the problem to the court ("Your honor, I have the back rent in a separate account and I am prepared to pay it to the appropriate person, but I am not clear whether I should pay the landlord, pursuant to the lease agreement, or whether I should pay the condo association, pursuant to the court order.") You would deposit the money with the court, and the condo association and landlord can fight it out and you are absolved of liability for the back rent.

In the same proceeding, you could also ask the court to resolve the issue of late fees.

An Interpleader pleading, huh? I have no idea what that is but I'll check into it. Man, this sucks. Because my landlord is a deadbeat and put me in this situation, does that means I have to cover all of this legal stuff out of my own pockets? There's no way to come out of this unscathed? Do I have a legit case to claim to counter sue her in an attempt to recoup some of the money spent on legal fees? I just want to continue on with life instead of dealing with this.

entris posted:

Unfortunately, I'm not sure you should do this as pro se. Where in Virginia are you located?

I am located in Alexandria, VA. I don't think I'll be able to do this pro se since this stuff is way beyond my understanding. What kind of lawyer would handle such a situation? A bankruptcy lawyer? If this is going to cost me a lot of money, is there any way to recoup it? How much does something like this cost anyway?

At this rate, if it's a lot of money, so much so that I end up losing all my back-rent and end up spending more than the late-fees incurred (ie: about $400), perhaps I should just bite the bullet and pay her so she would leave me alone. I am tempted have her take me to court purely on spite because she lied to me multiple times and put me in this situation. I'm the type of person that would spend $100 bucks to get back $50 purely on principle.

Is there any way to walk away from this with money in my pocket such as convincing the courts that the condo association didn't want my rent money so I get to keep it and that it isn't a case of unjust enrichment?

The main question is:
Is it better to just hand over all the back-rent (ie: around $7800 worth) to someone that may not deserve the money and take it in the rear end and eat the cost of late-fees (ie: around $400) so that I can continue on with life? (Note: I'm pretty sure she's such a deadbeat that I'm not gonna see a dime of my $1300 deposit back from her when I move out. I'm in the process of finding a new place as we speak. I can be out by the end of this month)

Or is it better to fight it out because there is a chance that she is not entitled to the money and I can actually keep some of it because it's not my fault the condo association didn't want my money and it isn't a form of unjust enrichment?

Or, simply out of spite, should I spend more money than I originally owe just to screw her and make her have to spend a lot of her own money, money she might not have, to go to court to fight to get this back-rent as well as attempt to counter sue her for lying to me and collecting rent when she didn't deserve it when she lied to me the first time around and telling me she would take care of the debt and I should make it hard for her because she's obviously a manipulative deadbeat liar that is greedy for money. (eg: My dishwasher broke and she didn't respond to my calls for a few week. She replaced it a few days later after I called her and told her I'm going out over the weekend and buying a new dishwasher and taking out of rent whether she likes it or not)

Note: I went to her bankruptcy meeting of creditors when I found out she filed for bankruptcy and overheard that she had four properties currently in foreclosure and hadn't paid taxes since 2007. That's some crazy debt she has there. I don't know if the apartment I'm in is still owned by her. How does one find out? There's something screwy here with her. She actually lives in the same apartment complex as I but has a P.O. Box. Then again, she has a sister that lives in this complex so she might have been forced to move in with the sister. Maybe she doesn't even own the apartment anymore.

Thank you, Entris.
You have been extremely helpful.

# ? Sep 23, 2010 20:05

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

JeffOneShotWong posted:

I'm pretty sure her claim for late fees is bullshit as well. I remember countless times she tried collecting rent during the time of her bankruptcy proceedings and I just stood my ground and told her 'I have a court order instructing me to withhold rent from you so that it can be garnished as payment towards your outstanding debt. Unless you provide me legal documentation rescinding that court order, I will follow their instructions and not yours'. All those months she provided nothing. She even had her lawyers call me threatening to evict me and I told him the same thing and he had no response to it.

An Interpleader pleading, huh? I have no idea what that is but I'll check into it. Man, this sucks. Because my landlord is a deadbeat and put me in this situation, does that means I have to cover all of this legal stuff out of my own pockets? There's no way to come out of this unscathed? Do I have a legit case to claim to counter sue her in an attempt to recoup some of the money spent on legal fees? I just want to continue on with life instead of dealing with this.

I am located in Alexandria, VA. I don't think I'll be able to do this pro se since this stuff is way beyond my understanding. What kind of lawyer would handle such a situation? A bankruptcy lawyer? If this is going to cost me a lot of money, is there any way to recoup it? How much does something like this cost anyway?

At this rate, if it's a lot of money, so much so that I end up losing all my back-rent and end up spending more than the late-fees incurred (ie: about $400), perhaps I should just bite the bullet and pay her so she would leave me alone. I am tempted have her take me to court purely on spite because she lied to me multiple times and put me in this situation. I'm the type of person that would spend $100 bucks to get back $50 purely on principle.

Is there any way to walk away from this with money in my pocket such as convincing the courts that the condo association didn't want my rent money so I get to keep it and that it isn't a case of unjust enrichment?

The main question is:
Is it better to just hand over all the back-rent (ie: around $7800 worth) to someone that may not deserve the money and take it in the rear end and eat the cost of late-fees (ie: around $400) so that I can continue on with life? (Note: I'm pretty sure she's such a deadbeat that I'm not gonna see a dime of my $1300 deposit back from her when I move out. I'm in the process of finding a new place as we speak. I can be out by the end of this month)

Or is it better to fight it out because there is a chance that she is not entitled to the money and I can actually keep some of it because it's not my fault the condo association didn't want my money and it isn't a form of unjust enrichment?

Or, simply out of spite, should I spend more money than I originally owe just to screw her and make her have to spend a lot of her own money, money she might not have, to go to court to fight to get this back-rent as well as attempt to counter sue her for lying to me and collecting rent when she didn't deserve it when she lied to me the first time around and telling me she would take care of the debt and I should make it hard for her because she's obviously a manipulative deadbeat liar that is greedy for money. (eg: My dishwasher broke and she didn't respond to my calls for a few week. She replaced it a few days later after I called her and told her I'm going out over the weekend and buying a new dishwasher and taking out of rent whether she likes it or not)

Note: I went to her bankruptcy meeting of creditors when I found out she filed for bankruptcy and overheard that she had four properties currently in foreclosure and hadn't paid taxes since 2007. That's some crazy debt she has there. I don't know if the apartment I'm in is still owned by her. How does one find out? There's something screwy here with her. She actually lives in the same apartment complex as I but has a P.O. Box. Then again, she has a sister that lives in this complex so she might have been forced to move in with the sister. Maybe she doesn't even own the apartment anymore.

Thank you, Entris.
You have been extremely helpful.

I'm a lawyer and I live in Alexandria, too, but it sucks I just let my bar membership go associate or I'd help you out for beer money.

better luck next time

# ? Sep 23, 2010 20:48

Deadpan Science: Sep 6, 2005; by angerbeet

I'm coming to the end of my lease this next month. My current lease says that if I don't renew I'll move to "month to month" when it ends. The landlord would like to raise my rent around 30% when my lease expires, however he has not notified me in writing of that. I read here: http://www.dca.ca.gov/publications/landlordbook/living-in.shtml that if the rent increase is more than 30% they actually have to wait 60 days after notification for the rent increase to go into effect.

Is there going to be some way for the owner to get around this because of my lease?

# ? Sep 23, 2010 20:49

Stuntcock: Oct 15, 2000; Annoyed, but NOT DEAD

Employment :

Can Employers charge you significantly (or at all) for each copy of a past check stub, and/or how much? Does it vary by State? Where can I find out more about this specifically?

# ? Sep 23, 2010 21:23

ChubbyEmoBabe: Sep 6, 2003; -=|NMN|=-

Stuntcock posted:

Employment :

Can Employers charge you significantly (or at all) for each copy of a past check stub, and/or how much? Does it vary by State? Where can I find out more about this specifically?

I think you're in LA but I couldn't find your laws but here is california's and I'd wager most have pretty similar:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

226(b) posted:

(b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy the records pertaining to that current or former
employee, upon reasonable request to the employer. The employer may
take reasonable steps to assure the identity of a current or former
employee. If the employer provides copies of the records, the actual
cost of reproduction may be charged to the current or former
employee.

Basically they are required to provide them once but may charge you for reproducing them.

ChubbyEmoBabe fucked around with this message at 21:55 on Sep 23, 2010

# ? Sep 23, 2010 21:42

JudicialRestraints: Oct 26, 2007; Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

JeffOneShotWong posted:

Virginia state.

I'm a tenant.

My landlord hasn't been paying her condo fees. I guess she has been simply pocketing the rent checks I've been sending her instead of paying condo fees.

The condo association sends me a court order in an attempt to come after me for her outstanding debt. It turns out that it was in my lease. The condo can come after me to garnish my rent checks as payment towards my landlord's debt.

I ask my landlord about this. She says to not worry about it and to continue paying her rent and that she would take care of the debt before the court date.

I follow her instructions. A month or so later, I receive a 'show cause' court order. It turns out that the debt was never taken care of and my failure to show up in court made it look like I was in working alongside with my landlord in being a deadbeat.

I show up in court and agree to send my rent checks to the condo association instead of to my landlord. The court order states that I am not to pay rent to my landlord and that is it to be garnished and given to the condo association.

My landlord calls me and tells me that I am to pay her rent and that if I don't, I will be incurring late fees. I tell her I don't believe her and that I am simply following court orders not to pay her and will be sending it to the condo association instead.

Before I send out my rent check to the condo association at the beginning of the next month, my landlord files for bankruptcy.

Because of the bankruptcy, the condo association doesn't accept my rent checks because everything is to be put on hold. The condo association tell me to just hold on and wait.

I don't know who to pay rent to so I continue to accumulate the rent in an account knowing that I am receiving unjust enrichment in all this and will have to pay someone or something sometime down the line.

Things start breaking down in the apartment but the landlord won't fix it since I am not paying the rent she is expecting. The condo won't fix things because there are outstanding debts associated with the apartment. I end up using my own money to fix some things and have kept the receipts.

A few months later, the bankruptcy goes through and my landlord's debts are discharged.

Now my landlord is attempting to come after me for the rent money originally meant for the condo association even though the rent wasn't being accepted by the condo association.

She also is tacking on late-fees from the time I first started withholding the rent. She says the late-fees are expected since I was supposed to have been sending rent checks to the condo association and the act of not sending it to the condo association (even though the condo association wasn't accepting my rent) means the late-fees are justified.

Does she even have a case here? How much rent do I owe (ie: from time I stopped paying her to now, or from the time the debt has been discharged to now?) and to whom?

tl,dr:
Is my landlord entitled to back-rent that I have withheld from her under the instructions of a court order so that it could be garnished as payments towards my landlord's outstanding condo debt? However, said back-rent was never accepted by the condo association due to my landlord filing for bankruptcy before payment began?

If the condo you were in became part of the bankruptcy estate upon your landlord's filing, then the proceeds growing out of the property would be owed to the estate under bankruptcy law anyway.

My understanding of what you wrote is that the garnishment on the rent checks was a collection action by the condo association against your landlord. If your landlord filed in Chapter 11, 11 USC 362(a)(1) prevents the "commencement or continuation" of any judicial recovery actions (meaning garnishment). This means that the Condo Association could not legally take your money.

If your landlord restructured, she may still owe money to the condo association and the garnishment still may be in place.

So what you need to figure out is whether or not your landlord has liquidated her debt (in which case the garnishment is gone) or hasn't (in which case it may be gone). Considering your landlord was apparently allowed to keep a rental property that she owned before bankruptcy, I would not be surprised if she did NOT liquidate her debt in which case you will need to know more facts about the garnishment.

Also, in the future NEVER ignore a garnishment, depending upon your state you may end up being liable for the entirety of your landlords debt if you do so.

On the actual debt side, charging you late fees is entirely unacceptable especially considering the poo poo that began to break down which normally would have allowed you to pro-rate your rent. If your landlords entire debt is discharged, you may have had to file as a creditor during the bankruptcy proceedings (although the likelihood of you getting anything is minimal). At a minimum, I don't see the late fees as acceptable and you should probably challenge them in small claims court.

tl dr: your case is complex and will be determined based upon local laws and the terms of your landlord's bankruptcy discharge/restructuring. Get a lawyer. Everything I have said is extremely conditional and you will need someone to analyze your entire case if you want to make exact sense of it.

That said, you probably don't have to pay the late fee

# ? Sep 23, 2010 21:53

Stuntcock: Oct 15, 2000; Annoyed, but NOT DEAD

ChubbyEmoBabe posted:

I think you're in LA but couldn't find your laws but here is california's and I'd wager most have pretty similar:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

Basically they are required to provide them once but may charge you for reproducing them.

What if the reason for copying them was for a class-action already in place against BP, and the employer wanted $20 per stub? Just unethical, or illegal?

# ? Sep 23, 2010 21:55

JudicialRestraints: Oct 26, 2007; Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

Stuntcock posted:

What if the reason for copying them was for a class-action already in place against BP, and the employer wanted $20 per stub? Just unethical, or illegal?

The statute cited says 'the actual cost of reproduction.' I'd raise my eyebrow at any bill over 30 cents a page.

# ? Sep 23, 2010 21:58

ChubbyEmoBabe: Sep 6, 2003; -=|NMN|=-

Stuntcock posted:

What if the reason for copying them was for a class-action already in place against BP, and the employer wanted $20 per stub? Just unethical, or illegal?

Well I'm having a hard time finding anything in LA law that even requires them to give pay stubs.

The only thing I have found is this:

http://www.legis.state.la.us/lss/lss.asp?folder=97
(RS 23:14)

quote:

�14. Employers to furnish information; keeping of records

A. Every employer shall furnish to the commission all information which the executive director or his representative may require. Every employer shall make true and specific answers to all questions submitted by the commission, orally or in writing, as required by the commission.

B. Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him, of the daily and weekly hours worked by, and of the wages paid each pay period to each employee. These records shall be kept on file for at least one year after the date of the record.

If they are charging 20$ that pretty loving ridiculous.

Maybe they can better answer your questions here?:

http://senate.legis.state.la.us/Labor&Industrial/default.asp

# ? Sep 23, 2010 22:20

entris: Oct 22, 2008; by Y Kant Ozma Post

JeffOneShotWong posted:

I am located in Alexandria, VA.

Give me contact information for you. I'm a Virginia attorney in DC. I don't go to court often but I know some attorneys who could probably help you out for a reasonable fee. If they can't help, I may be able to help you out. In Virginia, if you bring an interpleader action before the court, you can get attorneys' fees reimbursed out of the disputed funds. So it shouldn't be too difficult to find someone to help you out.

I have PMs but I can also email you or somesuch.

entris fucked around with this message at 22:41 on Sep 23, 2010

# ? Sep 23, 2010 22:34

Stuntcock: Oct 15, 2000; Annoyed, but NOT DEAD

JudicialRestraints posted:

The statute cited says 'the actual cost of reproduction.' I'd raise my eyebrow at any bill over 30 cents a page.

Got one way to gently caress them over :

Apparently, BP just needs a company letterhead with a statement about how you've suffered financial losses (and, oh, I have, just ask the landlord,) and the company wants to charge me $20 for the paper.

I agreed. It's worth it. I also will ask for a detailed receipt upon paying, and if they ask why, then I will tell them the answer will cost them $20. (They will not want to give me a receipt, and I will have my Droid video/audio recording the entire conversation during this. These are shady people.)

Everyone I work with will be following my lead on this.

# ? Sep 26, 2010 12:01

Incredulous Red: Mar 25, 2008

Stuntcock posted:

I agreed. It's worth it. I also will ask for a detailed receipt upon paying, and if they ask why, then I will tell them the answer will cost them $20. (They will not want to give me a receipt, and I will have my Droid video/audio recording the entire conversation during this. These are shady people.)

I don't think this is going to work out for you.

# ? Sep 26, 2010 18:01

Alchenar: Apr 9, 2008

Incredulous Red posted:

I don't think this is going to work out for you.

Don't disuade him, this has the glimmers of a news story that ends with 'before finally turning the gun on himself'!

# ? Sep 26, 2010 18:37

PoOKiE!: Jan 20, 2004; I can has 64 bites now?

Alchenar posted:

Don't disuade him, this has the glimmers of a news story that ends with 'before finally turning the gun on himself'!

Depending on the wiretapping law in his state, maybe we'll see him on the news like all the other recent bogus wiretap charges.

(I don't honestly believe you'd get charged with that Stuntcock, and I hope your efforts pay off in the end. Good luck.)

# ? Sep 27, 2010 07:30

Stuntcock: Oct 15, 2000; Annoyed, but NOT DEAD

PoOKiE! posted:

Depending on the wiretapping law in his state, maybe we'll see him on the news like all the other recent bogus wiretap charges.

(I don't honestly believe you'd get charged with that Stuntcock, and I hope your efforts pay off in the end. Good luck.)

All I want is a glimmer in my boss' eye that I know he knows he's doing something wrong.

No, I don't give a gently caress about this job.

Did I really write I was going to record it? No, not planning on it, was just thinking about it. I will ask for the receipt, though. Just because what they're doing may not be technically illegal doesn't mean it's ethical.

# ? Sep 28, 2010 10:47

baquerd: Jul 2, 2007; by FactsAreUseless

My landlord is apparently in violation of city municipal code, and I have some really specific questions for a lawyer. Any recommendations in Chicago or should I phone book it?

# ? Sep 29, 2010 10:28

Thomase: Mar 18, 2009

I'm in Hamilton Ontario and have a legal question regarding workplace insurance.

My wife works at an ECE and yesterday a large child jumped akwardly onto my wife and partially dislocated her knee. When I say partially, i mean popped out and popped back into place.

Regardless, she went to see the doctor this morning and they recommend her being off of her feet for 14 days. She went to work today to fill out an accident report (they didn't write anything down) and informed her that she wasn't allowed to come back until a doctors note had stated she was ready to return.

When she asked about Workers compensation they became quite angry with her and stated that they provided no workers compensation or insurance for injuries at work.

So this is my question... don't employers legally have to provide employees with some form of job related accident benefits?

# ? Sep 29, 2010 16:58

arsonic: Apr 28, 2003; dork.

I am in FL, recently got served with a collections lawsuit, and I've been doing research and looking for legal help locally. I've contacted two lawyers that seem experienced in debt collection defense, but I'm nervous about what to ask/if they are legit. One seemed like what I would expect- called, what I assume to be an aide/assistant asked me questions about my case and set up a free consultation a week from tomorrow. This only concerns me because if I want to answer the lawsuit, I need to get it filed within 20 days, so time is a factor.

The second lawyer I found on the NACA website. He answered his own phone, and didn't take quite as much info. He said his consultation fee was $125, which would go towards his $500 retainer if I decided to do so. He said he capped his fees at $1000. He was available for a consultation tomorrow, but I'm a tad worried because a) he said he works out of his home, which seemed slightly odd to me, and b) he said he wanted to do the consult at my home, and that he usually travels around to client's houses (because he doesn't have an office, I guess).

Is there any good way to check, say, court records to see previous court history, or anything like that? I would love legal help, but I want good legal help, and this is for about a 2300 debt plus interest that they're suing for, so I'm not sure if 1000 is even worth it.

# ? Sep 29, 2010 17:20

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

arsonic posted:

I am in FL, recently got served with a collections lawsuit, and I've been doing research and looking for legal help locally. I've contacted two lawyers that seem experienced in debt collection defense, but I'm nervous about what to ask/if they are legit. One seemed like what I would expect- called, what I assume to be an aide/assistant asked me questions about my case and set up a free consultation a week from tomorrow. This only concerns me because if I want to answer the lawsuit, I need to get it filed within 20 days, so time is a factor.

FYI, if you went with the attorney, he could likely get an extension from the plaintiff - extensions are almost universally granted. But I could understand that it would put you in a tough spot if you decide not to go with him.

arsonic posted:

The second lawyer I found on the NACA website. He answered his own phone, and didn't take quite as much info. He said his consultation fee was $125, which would go towards his $500 retainer if I decided to do so. He said he capped his fees at $1000. He was available for a consultation tomorrow, but I'm a tad worried because a) he said he works out of his home, which seemed slightly odd to me, and b) he said he wanted to do the consult at my home, and that he usually travels around to client's houses (because he doesn't have an office, I guess).

He could just be a new or struggling solo - he will certainly be cheap, and if it is a straightforward contract matter, could end up being a cost-effective option - it's tough to know.

You can check to see whether they are registered at http://www.floridabar.org/names.nsf/MESearch?OpenForm

Other than that, I'm not sure what research you could do. If you are willing to pay an attorney $1000, have you considered calling the plaintiff and offering $1000 to settle?

Attorneys fees could quickly eat up any savings from retaining an attorney.

# ? Sep 29, 2010 17:37

hypocrite lecteur: Aug 21, 2008; by Y Kant Ozma Post

Thomase posted:

I'm in Hamilton Ontario and have a legal question regarding workplace insurance.

My wife works at an ECE and yesterday a large child jumped akwardly onto my wife and partially dislocated her knee. When I say partially, i mean popped out and popped back into place.

Regardless, she went to see the doctor this morning and they recommend her being off of her feet for 14 days. She went to work today to fill out an accident report (they didn't write anything down) and informed her that she wasn't allowed to come back until a doctors note had stated she was ready to return.

When she asked about Workers compensation they became quite angry with her and stated that they provided no workers compensation or insurance for injuries at work.

So this is my question... don't employers legally have to provide employees with some form of job related accident benefits?

Call the WSIB I'm sure they'll give you some direction

# ? Sep 29, 2010 17:40

Thomase: Mar 18, 2009

hypocrite lecteur posted:

Call the WSIB I'm sure they'll give you some direction

Yeah, I actually just did after posting. They mentioned that if not applied for by the company (ie: signed up) they take no action. They redirected me to the ministry of labour, and after talking to them for a bit from what it sounds like companies don't legally need to be insured?

I don't think that sounds right.

# ? Sep 29, 2010 17:58

arsonic: Apr 28, 2003; dork.

gvibes posted:

He could just be a new or struggling solo - he will certainly be cheap, and if it is a straightforward contract matter, could end up being a cost-effective option - it's tough to know.

You can check to see whether they are registered at http://www.floridabar.org/names.nsf/MESearch?OpenForm

Other than that, I'm not sure what research you could do. If you are willing to pay an attorney $1000, have you considered calling the plaintiff and offering $1000 to settle?

Attorneys fees could quickly eat up any savings from retaining an attorney.

First, thanks for the quick reply. I don't really have the $1000, that's the thing. On the other hand, I don't want to march in there pro se and have no idea what I'm doing- I would appreciate legal advice. He works for a law office in a city about 2 hours away and runs his own private practice locally, he's been in good standing with the FL Bar Assc for 7 years, and had a couple of good reviews on avvo.com, including one from his boss- I take online review sites with a grain of salt, but it's encouraging.

I did call him back, because I realized there was no way I was going to be able to scrape up that much money, and he said he did pro bono work for our local Legal Aid, and though they usually didn't do this kind of case (small claims, credit card collection from a time when I was a young, stupid moron), but to call them and say we had talked, and if it's ok with him, he'll take it pro bono. So hopefully they agree. I appreciate the gesture on his part, at least.

# ? Sep 29, 2010 18:13

G-Mawwwwwww: Jan 31, 2003; My LPth are Hot Garbage; Biscuit Hider

Annakie posted:

About seven months ago I posted about my car accident and asked about getting a lawyer (here's a link to my posts). But basically, the accident was the other guy's fault but I had some injuries and my shoulder was in ongoing pain.

So I went and got a personal injury lawyer. On our first meeting I brought him every receipt and important document including the 4 weeks worth of pictures I'd taken of my injury and the $1500 or so of expenses I personally spent AFTER my insurance paid for most of my doctor's vists (but not $1000 of the $3000+ for a CT scan of my shoulder, co-pays on doctors visits, new glasses, medicine etc.) He seemed really happy and impressed and said "Don't worry, you'll get a lot." but he wouldn't give me a dollar amount.

He also sent me to another physical therapy place. My original physical therapy was pretty normal stretching and excercising and it was okay, my but my shoulder still hurt. This new place did electric shock, massage and chiropractic adjustments and it helped. In the end though, I still can't do things like clean my house for more than an hour without it hurting pretty badly.

Every time I talked to my lawyer, he said not to worry, things are going fine, and kept saying we'll get "a lot" of money, and would never give me an estimate of what that might be.

On Friday he called and told me "Good news! You're getting a check for $1500!" This wasn't good news AT ALL because I'd spent more than $1500 out of pocket. After hanging up, still shellshocked that he thought that was good news, I called back a few minutes later and tried over and over to get him to explain how I was only getting $1500 back. I saw at one point a settlement offer from them for $6500. He said he'd submitted over $8500 in medical expenses. And he said that he was generous and "gave" me $200 more than what I should have gotten out of his part of the deal.

I asked what if we actually sued instead of settled and he said at best, in a year, I'd get maybe $900 more after fees back. Then he also told me that right after we hung up the first time he'd faxed in the acceptance of the settlement offer so it was too late anyway.

Does this sound right to you? Did he just totally screw me or should I have never expected to be compensated for my time, energy, and the fact that my shoulder is probably permanently hosed for the rest of my life? (No, it doesn't bother me every single day but again, it limits me doing things in the long term. I can't hold my nephew with that arm more than a couple of minutes, can't clean the house for more than an hour at a time etc.) My dad thinks he's taking money under the table from insurance companies. Do I have a dirty / incompetent lawyer and if so do I have ANY recourse at this point, or were my expectations too high?

Oh holy poo poo. I'm not a lawyer, I'm not your lawyer, this is not legal advice, get independent counsel. But I know a little bit about legal malpractice in Texas.

Annakie, your lawyer does not have authority to settle for you. That contract is voidable. Your lawyer has hosed up.

You may not be able to pursue an action against your lawyer yet because he hasn't prejudiced you from recovering necessarily. However, you should be able to recover a lot more from the insurance company. "Lot" being more than $8500.

# ? Sep 29, 2010 18:35

Incredulous Red: Mar 25, 2008

baquerd posted:

My landlord is apparently in violation of city municipal code, and I have some really specific questions for a lawyer. Any recommendations in Chicago or should I phone book it?

Maybe call these people: http://www.tenant.org/

# ? Sep 29, 2010 19:52

dvgrhl: Sep 30, 2004; Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?; Soiled Meat

Thomase posted:

Yeah, I actually just did after posting. They mentioned that if not applied for by the company (ie: signed up) they take no action. They redirected me to the ministry of labour, and after talking to them for a bit from what it sounds like companies don't legally need to be insured?

I don't think that sounds right.

I would think that you could attempt to recover medical costs and lost wages from the child's parents if your wife wanted to pursue that. Your lawyer would also be able to tell you if you had a claim against her employer. It wouldn't hurt to ask for a free consult with a lawyer. A quick phone call would tell you whether it's something worth pursuing or not. Document everything very well if you look at going the legal route.

Hopefully your wife can find another place to work, as her current employers don't seem concerned with their employees well being.

# ? Sep 29, 2010 20:22

JudicialRestraints: Oct 26, 2007; Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

CaptainScraps posted:

Oh holy poo poo. I'm not a lawyer, I'm not your lawyer, this is not legal advice, get independent counsel. But I know a little bit about legal malpractice in Texas.

Annakie, your lawyer does not have authority to settle for you. That contract is voidable. Your lawyer has hosed up.

You may not be able to pursue an action against your lawyer yet because he hasn't prejudiced you from recovering necessarily. However, you should be able to recover a lot more from the insurance company. "Lot" being more than $8500.

Seconding this. It sounds like you have an ongoing degradation to the quality if your life which will also turn into future lost income. Since liability is basically already decided this case is what attorneys like to refer to as a 'candy jar.' Any attorney that would settle for 6500 dollars is an idiot, and any attorney who would only give you 1500 of that 6500 is a crook.

I would void this contract if possible, and if impossible I would sue your attorney for malpractice and recover from HIS insurance.

Also you can probably report your attorney your local bar because it sounds like he has flat out stolen money from you.

E. also watch out for agency laws, you attorney probably had apparent authority meaning he is liable rather than the insurer. I'm not 100% on how this applies to legal malpractice in your state but I'm pretty sure it would apply in my state.

JudicialRestraints fucked around with this message at 06:24 on Sep 30, 2010

# ? Sep 30, 2010 06:20

baquerd: Jul 2, 2007; by FactsAreUseless

Edit is not quote, wait what?

baquerd fucked around with this message at 18:12 on Sep 30, 2010

# ? Sep 30, 2010 17:00

Deep Winter: Mar 26, 2010

I'm currently learning both Web Design and Accounting, and I wanted to know the legality of freelance work. If i put up signs saying, "Will design website for food", is this considered a business if I'm making money? Do I pay taxes? What if I give myself a name, like 'DEEP WINTER DEEP WEBSITES'?

# ? Sep 30, 2010 17:00

Incredulous Red: Mar 25, 2008

Deep Winter posted:

I'm currently learning both Web Design and Accounting, and I wanted to know the legality of freelance work. If i put up signs saying, "Will design website for food", is this considered a business if I'm making money? Do I pay taxes? What if I give myself a name, like 'DEEP WINTER DEEP WEBSITES'?

Where. Are. You. ?.

# ? Sep 30, 2010 17:15

Incredulous Red: Mar 25, 2008

baquerd posted:

I feel so great right now. I spent the entire morning looking at municipal code law and now I can legally buy a portable hot water heater, charge it to my landlord and deduct rent too!

Chicago municipal code 13-196-420 governing the exact temperature of minimum hot water requirements... gently caress you. I called a dozen different lawyers and 3 city offices and none of them were able to help for less than $400. But now that I have that info in hand and calibrated temperature readings at the faucet, I am on easy street legally.

Now I need to actually sit down with a lawyer for a sanity check though I suppose.

Talk to a lawyer because you're probably going to have trouble with your landlord. Have you tried talking with the Illinois Tenants Union yet?

# ? Sep 30, 2010 17:17

baquerd: Jul 2, 2007; by FactsAreUseless

Incredulous Red posted:

Talk to a lawyer because you're probably going to have trouble with your landlord. Have you tried talking with the Illinois Tenants Union yet?

Yes, they gave me the number of 120 degrees but didn't provide a source, which I felt I needed before I was willing to proceed.

# ? Sep 30, 2010 17:22

entris: Oct 22, 2008; by Y Kant Ozma Post

Deep Winter posted:

I'm currently learning both Web Design and Accounting, and I wanted to know the legality of freelance work. If i put up signs saying, "Will design website for food", is this considered a business if I'm making money? Do I pay taxes? What if I give myself a name, like 'DEEP WINTER DEEP WEBSITES'?

You have a number of issues to consider:

1. Entity choice: if you just start freelancing, you are a sole proprietorship who reports his business income on Schedule C of his 1040. You are personally liable for your work, so if you screw up or breach a contract or somesuch, your personal assets are on the hook. If you are serious about doing some freelance work, you should probably create an LLC. In my state (VA), the LLC fees are not bad at all and you can get limited liability and a host of other benefits.

2. Self-employment tax: if you start freelancing, your income will be considered "self-employment" income, and you have to pay an extra 15% self-employment tax, in addition to your regular income tax. Have fun with that! There are some things you can do to avoid this, but they require meeting with an accountant or tax lawyer.

3. If you receive compensation for your freelance work by bartering for services or food or what-have-you, you still have taxable income and you still have to report it. The question is figuring out the value of your compensation.

There are other issues to consider, these are just ones that pop into my head immediately. Like the other poster asked, what state are you in?

entris fucked around with this message at 17:38 on Sep 30, 2010

# ? Sep 30, 2010 17:33

baquerd: Jul 2, 2007; by FactsAreUseless

Incredulous Red posted:

Talk to a lawyer because you're probably going to have trouble with your landlord. Have you tried talking with the Illinois Tenants Union yet?

Yeah, my lawyer said to anticipate trouble, but I'm on solid legal ground.

# ? Sep 30, 2010 18:10

Bamabalacha: Sep 18, 2006; Outta my way, ya dumb rah-rah!

Thomase posted:

Yeah, I actually just did after posting. They mentioned that if not applied for by the company (ie: signed up) they take no action. They redirected me to the ministry of labour, and after talking to them for a bit from what it sounds like companies don't legally need to be insured?

I don't think that sounds right.

Not a lawyer, but I too am currently dealing with the WSIB in Ontario over a workplace injury. In fact, I have the PDF about submitting claims open on my PC right now!

Your wife's employers have to provide her with a copy of the incident report they were supposed to file (Form 7). She also has to provide them with a copy of her claim (Form 6).

From the WSIB website: posted:

How is the injury reported to the Workplace Safety and Insurance Board (WSIB)?

Your employer is responsible, by law, to report the accident or illness to the WSIB. That is why it is important to tell your supervisor about the
incident or illness. The employer must complete and submit a special WSIB form called the Employer�s Report of Injury/Disease (Form 7).

There is a time limit for them to report so it is important for you to let the employer know as quickly as possible.

The employer is also required to do the following:

-pay you full wages for the day or shift the accident/illness occurred, and
-arrange and pay for transportation (on the day of accident) to get you to health care, if needed, and
-give you a copy of the Employer�s Report of Injury/Disease (Form 7) once it is completed.

When can I make a claim for WSIB benefits?

As a worker, you can claim benefits for a work-related accident or illness if you have:
-received health care, and/or
-lost time or wages from work beyond the day of accident/illness, or
-continued to work but on partial hours only

How do I make a claim if I do not think my employer has reported the accident/illness?

A worker can make a claim by calling the WSIB General Number Toll Free at 1-800-387-0750 or (416) 344-1000 and ask for assistance. One of our representatives can help you.

A worker should also do one of the following:

-complete, sign and submit a Worker�s Report of Injury/Disease (Form 6) or
-tell the health professional (chiropractor, dentist, physician, physiotherapist or registered nurse) who first treats you that the accident/illness is work-related so they can omplete and submit a Health Professional�s Report (Form 8), or
-visit your local WSIB Office or
-contact your employer

My employers have been, ah, of dubious morality and legality a number of times in the past and as such I was all over making sure everything was filed correctly when I hurt myself last week. I tripped on a loose floorboard and fell roughly 20 feet down a flight of stairs. And I had had surgery 3 weeks prior that was still healing and got all jostled up in the fall. That was an awesome 3 days in and out of the ER! :haw:

Anyway, I went online right after I could read through the painkiller fuzz and printed our every single form I would possibly need. I also photocopied all of my ER documents and prescriptions. And I sent status update e-mails (electronic paper trail!) to all of the people in the company who would need to know about my condition as soon as my doctors gave me any information.

I got back to work, phoned the WSIB and lo and behold, the company had not filed an incident report! And had dodged phone calls from Toronto General's ER AND the WSIB about the incident! Right after my boss got in, I made him fill out the report in front of me and then I made copies of it all and faxed the whole shebang over the WSIB.

Moral of the story: be pushy and be on top of everything if you get injured at work. There's a good chance your employer will be dicks. Thomase, if you have any questions, drop me a PM.

# ? Sep 30, 2010 18:40

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# ? May 16, 2024 19:00

Deep Winter: Mar 26, 2010

entris posted:

Like the other poster asked, what state are you in?

Thanks for the info!

# ? Sep 30, 2010 21:03

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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