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I've posted a few times in here about our ongoing issues with our rental house. The landlords are still refusing to make repairs. One of the problems is a leaking hot water faucet. I would really appreciate anyone looking over this letter I'm sending them with this months rent check and giving me your opinions. I have no experience with anything like this and I don't want to make some stupid mistake.quote:Mr. & Mrs. K I don't want to leave the impression that I've ignored the very helpful advice from people in this thread, so I'll add that I did contact the people incredulous red found for me but while they cover the county we live in they don't cover this city specifically. They told me to contact the building inspector for this city which I have done. He referred us to a private home inspector who came out, did the inspection, and has disappeared. We can't get in touch with him, nor can the city inspector, nor can the base lawyer who has also been assisting us. So hopefully he turns back up soon, gives us our report, and maybe that will be enough so we can break the lease and move out. But until that happens I would really like to be able to get some of the repairs done to make the house more livable.
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Oct 27, 2010 20:07
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A few months ago, my apartment was burglarized, and my car was also demolished by vandals (24 hours apart). My landlord flat out told me she wanted me out after that. They told me they were letting me out of my lease, and I'd have a good reference from them, in addition I'd be getting my deposit back minus damages... basically treating it as if I wasn't renewing my lease. I have this in email and voicemail from the property manager (still have all of this). I moved out, they sent me a statement showing how much they'd be withholding from my deposit (basically enough to clean the carpet) and I should have the rest within 30 days, as per Texas law (verbally they told me I'd have it within a week of moving out). It's now been 30 days, and their last contact with me stated not to bother them until 30 days had passed without seeing a check. Still no check, and I'm trying to move into another rental property and I'm stuck waiting on that check so I can pay my 1st months rent (staying with family for now). Texas property code § 92.109 states that if the landlord has not acted in good faith to return my deposit, I can go after them for triple damages plus $100. I know I need to file in small claims court, but is it really as simple as going to the courthouse with the paperwork from the county website and handing a clerk $30 + paperwork and saying "I want to see my former landlord"? The landlord does have my forwarding address (they even mailed my deposit statement to my current address, and it also has my move out date printed on it), so they can't say I never gave them an address. I was also going to mail a demand letter, CM/RRR giving them an additional week to get a check to me and stating I planned to file suit if I don't have it by X date, and citing § 92.109. § 92.109, section D also states that a landlord can be found to have acted in bad faith simply by not sending me the check. What else do I need to do? The county website seems to say that I may need to pay for proper service, I assume I'll have to find a process server? How do I do that, and how much extra will that be? I was planning to sue for 3 times the amount they stated I was going to be getting back, plus the $100 allowed by the property code. It also allows for "reasonable attorney's fees" - I plan to do this myself though. Texas, Collin county. Property I lived at is in the city of Dallas (but the small section of Dallas that's in Collin). Basically, what else do I need to do to make sure the landlord knows I'm not going away? To make things a little tricky, the actual owner of the property resides in California, but it's managed by a company based in Dallas. The county tax records show it as "BROWN <apartment name> LLC" with a DBA as the apartment name. This will be my first time doing anything in court related to anything except traffic/parking violations, so sorry for the questions and wall of text. randomidiot fucked around with this message at 03:51 on Oct 28, 2010 |
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Oct 28, 2010 03:39
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Hey, I'm looking to find a New Jersey arbitration hearing that involved alleged tampering by one sports agent, who poached another's client. The case is mentioned here: http://www.nytimes.com/2010/09/18/sports/basketball/18agent.html How would one go about trying to find this information?
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Oct 28, 2010 22:34
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Kim Jong Il posted:Hey, The ruling by the arbitrator, George Nicolau, was issued July 24 but remained confidential until a copy was obtained recently by The New York Times. You won't unless you become an investigative journalist for a national newspaper. Arbitration is typically confidential, that's one of the advantages it has for parties who want to keep their disputes out of public court.
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Oct 28, 2010 22:37
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I apologize if this has been posted but a quick google search using the site of SA didn't bring up much of anything. On Sept 27th I was employed (For all intents and purposes will be labeled as "Company A") under the guise that I would be paid hourly as a receptionist / researcher for demographics and sales areas. I worked (under the impression) for Company A for about 90 hours worth of labor, only form signing being a 1099, not a W2 (I was unaware of 1099 scams at the time but now... hard lesson learned.) Whilst working I sent my hours to my boss directly to his home E-Mail (hotmail, unprofessional as well) address for the hours. Promised a paycheck by the 18th, he kept giving me the "I don't have the funds, try again tomorrow" thing and well, now it's the 29th. On Tuesday (the 19th of October) he then informed me in private that I wasn't contracted through Company A but privately contracted (with no paper work) through Him and Him alone (Bait & Switch, never agreed to this), right after I had dumped about 90 hours of work. I stopped working for him about a day after considering everything. I'm still unpaid and the labor board says they can't help me because 1099's are outside their jurisdiction. Company A that I was under the guise I was working for, was a position purely for commission based items. I literally did not sell a thing but merely did my best to assist in sales. Am I screwed out of around $900 of labor or is there something else I can do? Will provide any information and if anyone is a Spokane WA Lawyer wanting the case but knowing I don't have many funds, I am Platinum Friendly, have records and am recording calls to/from said business. Thanks in advance. 
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Oct 29, 2010 19:56
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(IANAL) Small claims is great for that kind of case. Other avenues? Where there's tax evasion A there is probably tax evasion B-Z: Report him to the IRS and/or http://www.irs.gov/pub/irs-pdf/fss8.pdf
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Oct 29, 2010 20:38
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I'm wondering if the code I've written at work is owned by me, by my employer, or by us both somehow? This is 70+ complex Excel VBA macros, specifically. I'm mostly wondering if it's legal for me to save all of the code and bring it to another job, or sell the code to other businesses. I was originally hired on as an accountant, so I didn't sign anything saying what I did/created at work was owned by them. Is it just implied? This is Colorado if that helps.
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Oct 30, 2010 03:39
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Chrispy posted:I'm wondering if the code I've written at work is owned by me, by my employer, or by us both somehow? This is 70+ complex Excel VBA macros, specifically. I'm mostly wondering if it's legal for me to save all of the code and bring it to another job, or sell the code to other businesses. I was originally hired on as an accountant, so I didn't sign anything saying what I did/created at work was owned by them. Is it just implied? This is Colorado if that helps. Your employer owns it, no question about it. If you take that code to another job you put your new employer at risk. Whether or not anyone would ever know is another thing, but it's not legal for you to do that. Just for further interest, there are even situations where you can write code at home on your own time and your employer still has rights to it if it has to do with work related things.
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Oct 30, 2010 04:43
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dvgrhl posted:Your employer owns it, no question about it. Uh, no. There very much is a question about it, esp. if he never signed a work for hire agreement, and created the code outside his field of employment.
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Oct 30, 2010 06:50
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SWATJester posted:Uh, no. There very much is a question about it, esp. if he never signed a work for hire agreement, and created the code outside his field of employment. He produced this code at work, how is there any question?
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Oct 30, 2010 07:03
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Because where you produce the code is not the test for ownership of copyright in a work for hire? Is he an employee or a independent contractor? Was the work made during the course and scope of his employment? Was there an IP assigment or express work-for-hire agreement? These are all critical questions. Leif. fucked around with this message at 07:13 on Oct 30, 2010 |
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Oct 30, 2010 07:09
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SWATJester posted:Because where you produce the code is not the test for ownership of copyright in a work for hire? He hasn't stated specifics, but it's not unreasonable to assume he was an employee since he didn't state that he was a contractor, and he stated that the work was made during the course of his employment. Of course technically you are correct, and if he was a contractor then he should look at his contract and see what it says. But for a regular employee with no signed agreements of any kind, the work belongs to the employer. I don't get your assertion about scope, can you expand upon that?
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Oct 30, 2010 07:56
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On September 4th my father was taken to the hospital after falling asleep at the wheel. He hit another vehicle but no one was hurt. He declined a blood test but a bottle of Xanax was found in the car. He does not have a prescription. He was not intoxicated, but was high on Xanax instead, which caused the accident. He was charged with (his second) DUI, DUR (driving under revocation), driving without insurance, and failure to keep left of center. They set a court date for mid November. I was told he wasn't arrested (this is all second hand info from my sister) because then the state would have to pay for his hospital bills and they did not want to do that, so my father is at home now. I don't know any other details; my father and I do not speak often. I know these charges are serious and I was wondering what kind of jail time/fines he is facing? This is in Oklahoma. Thanks!
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Oct 30, 2010 10:57
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jewemy posted:On September 4th my father was taken to the hospital after falling asleep at the wheel. He hit another vehicle but no one was hurt. He declined a blood test but a bottle of Xanax was found in the car. He does not have a prescription. He was not intoxicated, but was high on Xanax instead, which caused the accident. He was charged with (his second) DUI, DUR (driving under revocation), driving without insurance, and failure to keep left of center. DUI2d .. 0-5 years if his prior DUI was a misdemeanor, 0-10 if the prior was a felony DUR .. 0-1 year No Ins .. 0-30 days L.O.C. .. 0-10 days Fines and costs on the DUI will be in the low thousands, $150-250 for each of the others. What city / county? joat mon fucked around with this message at 13:39 on Oct 30, 2010 |
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Oct 30, 2010 13:11
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SWATJester posted:Because where you produce the code is not the test for ownership of copyright in a work for hire? I am an 'at will' employee, and the code was all produced during work hours. I assumed that my employer technically owns the code, but I was hoping I had the right to save it or print it out as a future reference for myself. It would be a great asset for me in the future if/when I become a contractor in the same field.
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Oct 30, 2010 13:21
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Okay, I have another California Traffic Citation question for those that can help. I just got a really lame ticket. It was for running a red light, at one of the intersections in Culver City where they have cameras that snap your picture if you cross the line when the signal is red. According to the photos and video that I can review online, I rolled up to an intersection, slowed down, and without coming to a complete stop took a right on red turn. For this, I was cited $466. I distinctly remember the event happening: I had enough time while slowed down/stopped to see the camera flash, look straight at it and wonder why it just flashed, look at the rest of the intersection to see if someone else ran it, and then kept going. However given the fact that I can't really argue with the video, I understand being cited for failing to stop before taking a right on red (even though nobody stops for them in LA and the video shows someone else doing it immediately before me), but I do have a problem paying such a ridiculous amount of money for it. Besides that, I flat out do not have the money to pay the ticket, and I'm about to move out of Los Angeles because I can't pay my rent. So I see it as I have three choices: do a trial by written declaration, request a court date, or just leave LA and don't pay the ticket. Obviously the last one is stupid, but I need to pay the ticket for either of the first options and I just don't have the money (and have no one to borrow it from). If I had the time, I'd request a court date and just stay in LA until I could go to the court date and hopefully get the fine reduced or thrown out. But as of the end of this week I'm gonna be homeless, and I have no money to pay the fine to begin with anyway, which you have to do before scheduling a court date. My question is, is there any way I can convince them to let me either pay only part of the fine, pay it in installments, or even spend a night in jail rather than paying the fine? Is there any way I can get this appeal taken care of before December 1st (even though the 'due date' is the 24th and I can only assume it'll take them a while to schedule any other court appearances)? I'm going to the court on monday to try and settle this, but I don't know what to say other than "I'm sorry but I'm not paying this ticket because I have no money left, do your worst."
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Oct 30, 2010 23:33
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CaptainFuzychin posted:My question is, is there any way I can convince them to let me either pay only part of the fine, pay it in installments, or even spend a night in jail rather than paying the fine? Is there any way I can get this appeal taken care of before December 1st (even though the 'due date' is the 24th and I can only assume it'll take them a while to schedule any other court appearances)? I'm going to the court on monday to try and settle this, but I don't know what to say other than "I'm sorry but I'm not paying this ticket because I have no money left, do your worst." Most civilised places will let you pay fines in installments or will consider your circumstances, don't know about California though.
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Oct 31, 2010 00:54
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Alchenar posted:Most civilised places will let you pay fines in installments or will consider your circumstances, don't know about California though. So far, just from my experience, California isn't a very civilized place when it comes to traffic citations. I'm basically going to go into the court on monday and straight up tell them to put me in jail because I can't, and won't, pay the ticket: maybe if I tell them that I moved to LA in January and worked for free for six months before being dumped from that company and haven't found any paid work since arriving, and in the process lost every penny I have and my now ex-fiancee, they'll take pity on me, but I don't hold out high hopes. I have basically enough money left to drive back to my home state, which I'm going to do basically as soon as this is resolved. If it wasn't for the fact that, as someone with film making aspirations, I might someday have a reason to return to California, there wouldn't be a question in my mind: I'd just leave and never pay the ticket. But on the off chance that it'd gently caress with my ability to get a new drivers license/car registration in my home state of Massachusetts, or the chance that Culver City is one of the cities in CA that sells it's unpaid tickets to debt collectors, I can't take the risk. CaptainFuzychin fucked around with this message at 01:15 on Oct 31, 2010 |
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Oct 31, 2010 01:13
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Don't go in with a defiant attitude like that, it's asking to be slapped with the maximum penalty. Be humble, explain that you know you were in the wrong and are happy to accept any punishment the court deems appropriate but you are in an impoverished state and will have difficulty paying a fine unless by installments. Have bank and income details ready to prove this.
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Oct 31, 2010 01:36
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Alchenar posted:Don't go in with a defiant attitude like that, it's asking to be slapped with the maximum penalty. Be humble, explain that you know you were in the wrong and are happy to accept any punishment the court deems appropriate but you are in an impoverished state and will have difficulty paying a fine unless by installments. That's loving horrible legal advice. IANAL and I hope you aren't either. At least give an option other than "throwing yourself on the mercy" considering a lot of places have taken the fine out of the judges hands when it comes to the automated traffic devices and/or certain tickets on a guilty verdict. A lot of judges (can't speak for your area specifically) don't like "auto-justice" any more than you. Yes, you shouldn't be defiant but you could plead not-guilty and make your case respectfully to the judge and he may find you not guilty. Maybe you stopped before the recording started but not at the line?
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Oct 31, 2010 04:33
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how the gently caress could he plead not guilty, he did it and he's on tape doing it.
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Oct 31, 2010 05:11
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Pretty sure I gave an "out" in that post. Who knows? I was mostly saying that: "explain that you know you were in the wrong and are happy to accept any punishment the court deems appropriate" ...Is horrible legal advice unless he knows for a fact the judge has the ability to reduce the fine or offer alternative payment options and is sympathetic to people who are "honest".
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Oct 31, 2010 05:17
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Recently had a runin with a general contractor doing some work on our residence. It is a condo with very strict rules, so we took a recommendation of another resident and went with a contractor who had worked in the particular building before. Basically, the contractor would deal with building management and the condo board, get our (minor) removations approved (an extension to a wood floor). We were reasurred that she had worked in the building before because she specifically mentioned a sound-dampening pad that would be installed under our new floor as per HOA requirements. (Sounds like she knows what she's doing - nothing to worry about here!) Work has been going on tearing out carpet and everything seems to be going to plan for a week or two while we wait for materials to arrive, then when she starts installing the floors it suddenly comes to light that she has been sneaking poo poo past the HOA into the building, never got approval, and that lack of board approval has racked up about 2000 in fines for us from the HOA. She ended up getting caught because she was doing work on Saturday, when renovations must take place between 8 and 5 pm M-F. We got fined for her construction on Saturday too, even though we never asked her or even implied that she should be out there out of normal business hours and she claimed to know all the rules in our building. To top if all off, the HOA came through for the final inspection and notice that the sound-dampening material had not been installed under the floor, so we have to rip it all up and start again. My first plan is to incist that she rip the floor out (which is now glued down to the cement floor) and install a new one with the noise barrier, as per the condo rules, but I am guessing this has zero chance of going anywhere. Can I just sue this idiot or maybe make a claim against my HOA that she damaged my apartment and have them fight it out through subrogation? I would offer her a chance to make some kind of claim on her own insurance, but she just didn't install the noise-dampening subfloor, which we explicitely paid for. fix it, but now I am in hot water wih the HOA because work is halfway done and the plans were never signed off on and it looks like she cut some corners when I thought she was handling it (the other resident said she handled everything with the HOA and board apprival without an issue) Am I hosed? Would a typical homeowner's policy cover this, it seems like it's basically vandalism that damaged my house. Should I get on legalzoom or some poo poo and try to take her to to the Jp2 court? I'm only talking about a 5000 wood floor, but still, she could not have hosed it up more than she did. I'm kicking myself for not following up more often and making sure the HOA knew she was there, so I'll accept that I should be fined, but it seems insane that she came in and glued down 3500 dollars worth of wood to the floor when we had agreed (and were both aware) that the HOA wouldn't approve it without the noise dampener. We even PAID for the noise dampener on her invoice. Grrrrrr.
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Oct 31, 2010 06:22
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CaptainFuzychin posted:Okay, I have another California Traffic Citation question for those that can help.
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Oct 31, 2010 07:25
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ChubbyEmoBabe posted:Pretty sure I gave an "out" in that post. Who knows? He doesn't have the money for a lawyer and apparently hasn't investigated pro-bono options (not that these are likely for traffic offences). He isn't prepared to fight it in a meaningful way which means it's a guaranteed guilty. And he's probably guaranteed guilty anyway given the evidence it appears the state has. If all he can do is show up on the day and plead guilty then the correct attitude is 'I was in the wrong and I'm sorry and I've learnt my lesson', not 'I don't give a poo poo what you do because I can't pay anyway'. If the judge has no discretion then it didn't matter anyway. If the judge does have a discretion then you get more from being a nice guy who hosed up and knows it than you do from a defiant guy who needs to be broken. Also I'm not even going to touch the option of fleeing the jurisdiction because aside from me not knowing what the legal concequences are it would be terribly unethical.
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Oct 31, 2010 10:09
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Maybe I should have been more clear that I'm not going to necessarily be openly disrespectful. I'm planning to go in there and say the truth: I remember stopping long enough to see that nobody was coming and that it was safe to take the turn, but the video evidence shows me not stopping, so I can't really contest it, however it's a fact of life that I can't afford to pay the ticket so I'd like to come to an agreement that will result in at least a reduction of the fine, even if it means I have to accept some other penalty. You all raise good points though, I'll keep them in mind when I go to the court and we'll see what happens. And to clarify, I haven't looked into pro-bono legal council because I just sort of assumed that it didn't exist for these kind of situations. I'll check into it once I hear the court out on monday and have an idea of what to expect.
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Oct 31, 2010 11:24
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CaptainFuzychin posted:Maybe I should have been more clear that I'm not going to necessarily be openly disrespectful. You say that, but literally every pro-se litigant thinks this as he's making a horrendous faux pas because he doesn't understand court etiquette.
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Oct 31, 2010 11:39
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kwinkles posted:Contractor trouble Why do you believe that you have a claim against the HOA? Does your contract with the contractor specify that the contractor will comply with HOA rules and regulations? If so, sue the contractor.
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Oct 31, 2010 13:06
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Solomon, sorry, that was a typo, the HOA is perfectly within their rights here, both to fine me and to demand that the floor be ripped out. I meant to type homeowners insurance. I was talking with my insurance agent agent about making a claim against my homeowner's insurance, and he said it'd probably be covered due to damage to and loss of use of the property. However, I don't want my insurance fees to go up because of such a small claim, and I'm hoping someone would be kind enough advise me on what is typically the best way to get the contractor to make it right, wither by ripping out the floor and fixing it or by paying for someone else to do it. The contractor is definitely in breach of contract, but I am not sure how to pay up, if I can't fund a simple option, I'll just be calling a lawyer. I was just hoping someone on here had some advice based on previous experiences like this. If it goes to court I'm sure I'll win, but what a pain.
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Oct 31, 2010 19:32
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CaptainFuzychin posted:Okay, I have another California Traffic Citation question for those that can help. PM me and I'll explain how you fight a red light ticket infraction in California.
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Oct 31, 2010 19:38
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kwinkles posted:Solomon, sorry, that was a typo, the HOA is perfectly within their rights here, both to fine me and to demand that the floor be ripped out. I meant to type homeowners insurance. I was talking with my insurance agent agent about making a claim against my homeowner's insurance, and he said it'd probably be covered due to damage to and loss of use of the property. However, I don't want my insurance fees to go up because of such a small claim, and I'm hoping someone would be kind enough advise me on what is typically the best way to get the contractor to make it right, wither by ripping out the floor and fixing it or by paying for someone else to do it. The contractor is definitely in breach of contract, but I am not sure how to pay up, if I can't fund a simple option, I'll just be calling a lawyer. I was just hoping someone on here had some advice based on previous experiences like this. If it goes to court I'm sure I'll win, but what a pain. I would be surprised if homeowners' insurance covered it. There is usually a clause that disclaims any liability for a breach of contract. I don't have a good option for you other than suing the contractor.
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Oct 31, 2010 20:05
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Alchenar posted:You say that, but literally every pro-se litigant thinks this as he's making a horrendous faux pas because he doesn't understand court etiquette. Yeah, that makes sense. I do think it's a little ridiculous to think that I could go into a court, politely explain my situation and have that be considered the wrong thing to do but I understand that even the slightest slip of any kind will be taken advantage of to the fullest. I suppose it takes years of law school to get good at this, huh? Any pointers for someone who just wants to maybe finish the year out with a few bucks left in his checking account rather than pay an unjust ticket as far as how to present my case with better court etiquette? Incredulous Red posted:PM me and I'll explain how you fight a red light ticket infraction in California. Done, thanks.
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Oct 31, 2010 20:42
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From now on just go with what Incredulous Red tells you.
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Oct 31, 2010 21:00
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Alchenar posted:From now on just go with what Incredulous Red tells you. Regretting this already
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Nov 1, 2010 06:57
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dvgrhl posted:He hasn't stated specifics, but it's not unreasonable to assume he was an employee since he didn't state that he was a contractor, and he stated that the work was made during the course of his employment. Of course technically you are correct, and if he was a contractor then he should look at his contract and see what it says. But for a regular employee with no signed agreements of any kind, the work belongs to the employer. Works done by an employee out of the scope of their employment are statutorily exempted from WFH classification.
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Nov 1, 2010 07:55
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ChubbyEmoBabe posted:Pretty sure I gave an "out" in that post. Who knows? Except for the fact that it is terrific advice in this, and many other circumstances. But don't let that stop you telling the lawyers in this thread that they're giving horrible legal advice.
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Nov 1, 2010 07:56
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I am asking this for an employee that works for me. He is located in Ohio, specifically Trumbull County. He is 24 and was caught with a broken glass pot pipe. He has been charged with one count of possession of drug paraphernalia. He has no criminal record outside of speeding tickets and the like. He has been told he may be facing jail time, is that true? I would really hate to lose him even if it is just for a few weeks to a month. How likely is it that he will actually spend a considerable amount of time in jail if at all?
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Nov 1, 2010 15:01
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kingfet posted:I am asking this for an employee that works for me. I can't answer your legal questions, but if he is an important employee, consider helping him with the legal fees for a good criminal attorney. He can always pay you back later, but if he's a typical 24 year old, he may not have the cash on hand to hire someone good.
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Nov 1, 2010 15:04
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entris posted:I can't answer your legal questions, but if he is an important employee, consider helping him with the legal fees for a good criminal attorney. He can always pay you back later, but if he's a typical 24 year old, he may not have the cash on hand to hire someone good. I actually am somewhat debating that. Hopefully if he is just facing some sort of class on drugs being bad, probation, and a fine it wont come to me stepping in. If I am told he realistically with no priors and not actually having any drugs on him is facing 30 days of jail I will probably do just that.
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Nov 1, 2010 15:13
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I currently work in a QC/QA capacity at a food safety laboratory (ISO 17025/cGMP certifications, all that jazz). We are the folks that deal with outbreaks, routine testing - generally poo poo that is mundane as all gently caress until something bad is found. This means I sign metric tons of paperwork from data collection to calibration records to in some cases final client reports. This also means that the FDA can stop in at anytime and inspect the lab, it's records and question the staff. Is there anything I need to worry about from a legal perspective when dealing with FDA inspectors? I don't think I need to worry about anything, but it is a private lab and and I don't want to unknowingly take on responsibilities which may expose me personally to legal issues. Is this something I need to worry about? Should I have someone on retainer as a matter of course?
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Nov 1, 2010 19:34
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