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commish posted:I'd just prop that bathroom door open every night, or put a small rubber bumper so it doesn't slam. Or take the door off the hinges. That will annoy other tenants and then they will band together and force the landlord to do something. ...I think I'm a little fiesty today.
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Nov 5, 2010 00:31
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I live in Michigan. My friend and I, both under age, got MIPs for riding in a truck with a burnt out headlight. Its the first offense for both of us and we have the same court date. Option 1: Plead Guilty I pay a fine (100-500 bucks. Never found an exact number) and have a misdemeanor. I'm worried about this affecting the financial aid I could get when I go back to school next year. I'm also planning to move out of state, I don't know if that would be affected. Also I keep hearing DONT DO THIS from the internet and JUST DO THIS from my friends. Option 2: Opt for Diversion Apparently I can opt to do a short probation period with classes, etc. And I'd have nothing on my record if I did this. I'd have to pay provision fees, though. Questions:
Are Michigan MIPs handled in groups? I've heard they usher in a bunch of people at once, especially after holidays (it was Halloween) Who do I talk to if I want the diversion program and when should I talk to them? What should I expect for probation fees? I'd just like to be as prepared as possible for this. Thanks.
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Nov 5, 2010 03:12
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Dog Jabber posted:I live in Michigan. My friend and I, both under age, got MIPs for riding in a truck with a burnt out headlight. Its the first offense for both of us and we have the same court date. Handled in groups... not in the sense you are thinking. Its not like you and a bunch of MIP cases do anything as a group. Everything you do will be by yourself. You'll probably just see a bunch of other people with MIPs go in front of the judge one by one until it is your turn. You'll talk to the prosecutor if you want the diversion. You wait outside the court room on your court date (usually) and he/she will call you over to explain what options they will offer you (bring up diversion if its not mentioned). Probation/court fees will probably be around $1000. This is separate from the MIP fine, but can also (and is usually) be made in payments.
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Nov 5, 2010 03:58
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I was stopped at a red light tonight with one car stopped behind me, and a third car hit that car and it rear ended me. I pulled into a side street the second car followed and about five minutes later a third guy walked up saying he was the driver of a third, he was drunk. My car seemed ok, but it was pretty dark, the guy behind me said his car looked pretty ok, but I thought we should trade info cause I really couldn't see anything. The driver of the third car couldn't even get his info out of his wallet without dropping it like 4 times. Anyway this was at like 9pm. At like midnight the drunk guy just called my house all slurring about how it's the middle cars fault I got hit. He also said he was just the passenger, (so did he switch places with a drunker driver?) I wasn't even sure I was going to report it depending on if I can see anything in the daylight, but I'm really angry at myself for just letting some drunk run into me and even angrier that he called my drat house at midnight. I'm in Pittsburgh PA actual question Will reporting an accident that is not my fault still make my auto insurance go up? Will the third guy in back be charged with the accident or the second guy who actually made contact with my car? (he was at a full stop before the guy hit him)
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Nov 5, 2010 05:45
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You were in an accident involving a drunk driver and didn't call the cops?
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Nov 5, 2010 06:10
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The guy in the middle car kept saying "we don't need the cops, there doesn't seem to be any damage" it wasn't a 911 situation and I had no idea what township I was in, even if I knew the cop non emergency number for that area. I really regret not calling the cops on him, but it's a hindsight situation.
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Nov 5, 2010 06:14
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A drunk driver is most definitely a 911 situation
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Nov 5, 2010 12:08
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ChairmanMeow posted:The guy in the middle car kept saying "we don't need the cops, there doesn't seem to be any damage" it wasn't a 911 situation and I had no idea what township I was in, even if I knew the cop non emergency number for that area. I really regret not calling the cops on him, but it's a hindsight situation. So a guy was in an accident with you, was so drunk he couldn't handle his wallet, and you figured "eh whatever he should be good to drive away"? Yes that's a 911 situation.
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Nov 5, 2010 13:39
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ChairmanMeow posted:
1. I don't think so. If your premiums do go up because of it, and you can show that you were not at fault, you can fight it through a variety of means. 2. Yes, the third guy in back will be charged. The second guy probably could be, on the theory that he should have left more space between his car and yours. Assuming you have contact information for the second and third guys, you should talk to the second guy and the two of you should fill out a police report and report the third guy. You don't want people like him driving on the streets in your community.
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Nov 5, 2010 13:52
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Tab8715 posted:... Haha yeah, My Cousin Vinnie was sweet
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Nov 5, 2010 15:05
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Loopyface posted:You were in an accident involving a drunk driver and didn't call the cops? And drunk? You have a drunk driver hit you, and you're golden. Jesus christ people, how is this so goddamn common. They're going to gently caress you over! Legal advice from a goddamn lawyer admitted in two states: CALL THE loving COPS WHEN YOU ARE 100% NOT AT FAULT. DOUBLE IF THEY'RE loving DRUNK. Yes, caps, shouting, whatever, this poo poo comes up every 10 pages in the legal thread. YOU SHOULD HAVE CALLED THE COPS, DUMBASS. ChairmanMeow posted:The guy in the middle car kept saying "we don't need the cops, there doesn't seem to be any damage" it wasn't a 911 situation 
nm fucked around with this message at 16:16 on Nov 5, 2010 |
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Nov 5, 2010 16:13
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entris posted:1. I don't think so. If your premiums do go up because of it, and you can show that you were not at fault, you can fight it through a variety of means. Thank you I will do this.
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Nov 5, 2010 17:59
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Until yesterday, I worked for a convenience store chain in New York. When I went in for my shift, I noticed that I wasn't on the next week's schedule and asked my boss about it. She informed me that I had sold beer to a minor, and per policy I was automatically fired. Some pertinent details 1) Apparently the minor in question was pulled over by the police with alcohol in his car(with a bunch of friends), and when they asked where he got it I was named. I have no idea who this person is. 2) My manager says I am on tape selling beer to someone without checking his I.D. 3) The police want a copy of the tape, but the store refuses to give it to them. I haven't seen this tape. I suspect that this kid sent in someone that I know by sight(i.e have ID'd in the past) to buy the beer, and for whatever reason(maybe I turned him down and he was angry at me?) told the cops I had sold it to him. The store says I am on tape, but I haven't seen this tape, and don't know if the person that was pulled over by the police is even the person I am "on tape" selling to. They won't give the tape to the police because apparently then I can prosecuted?(my manager says, for all I know this is a lie). Do I have any options to contest this and get my job back? Failing that, will I be eligible for unemployment? Any help greatly appreciated. For what it's worth I have never had any disciplinary issues, worked well, and was a shift leader at this store. I have no recollection of the incident in question.
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Nov 6, 2010 17:15
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What Fun posted:Until yesterday, I worked for a convenience store chain in New York. When I went in for my shift, I noticed that I wasn't on the next week's schedule and asked my boss about it. She informed me that I had sold beer to a minor, and per policy I was automatically fired. If you are in an at-will state (p. much all of america) without a contract or a union you're hosed on the employment front. Your boss can fire you for any reason except a couple special ones (trying to exercise a protected right (such as whistle blowing), race, religion, sex, age or sexual orientation) You may have an unemployment case. If you file, and your former employers challenge it you will probably end up before an administrative law judge. After your initial denial of unemployment you're going to want to ask for a copy of the video as a discovery request. Either figure out how to do that in your jurisdiction or convince a starving law student to do it for you. At this point you're going to want to realize that your company may have a policy requiring you to card EVERYONE. If it does you're going to want to try to prove to the judge that it was largely unenforced. Your best bet however is trying to get some law students to help you out for free.
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Nov 7, 2010 11:39
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What Fun posted:
Seeing as how the tape would be the only firm evidence against you in providing alcohol to a minor, yes your manager could be protecting you (assuming you sold to a minor). Without your (ex)-manager's cooperation, the police can't get the tape without a warrant. That would require your name be listed as the suspect in the warrant and for some very bored police officers. JudicialRestraints' advice is best, pursue your unemployment benefits. I have a feeling officers contacted your boss regarding the incident, he reviewed the tape, saw that you didn't ID someone under the age of 80, and decided that was enough to terminate you. The fact that you were caught not checking ID is likely the issue, but I'm making assumptions. Don't think of this as a horrible loss. When minors attempt to buy beer and fail, they usually just walk away. Maybe they get caught and pay a small fine, no biggie. When they are successful, you get fired and/or arrested. Perhaps it's time for a new line of work.
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Nov 7, 2010 14:06
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This is probably a long question on a pretty pedestrian subject... kind of piddling compared to other stuff that's been posted, I'm sure. I live in the US - Georgia, specifically Gwinnett County. I'm considering taking the homeowner's association to small claims court. I bought the house in August of last year; it is a townhouse, and I do own the land, and thus the lawn it's upon - it's just a very, very small piece of land. Not even a quarter of an acre. Out front the lawn is about 5' long and 2' wide, and out back just the width of the house and going back maybe 30 feet up to an embankment. Now, when I bought the house, I asked the agent, what does the $60/month HOA fee cover, and I was told that it covers lawn maintenance for both the common areas and the house. It makes sense, because my house is pretty small, and there's literally nowhere you could put a lawnmower. The only way to get it from out front to out back would be roll it over the carpet, unless you want to cross through other people's land. For the first 8-9 months, all went as planned. $60 a month, lawn was mowed for me, and common areas covered, etc. Once the last unit in the subdivision sells, suddenly they stop mowing the homeowner's lawns, and only do the common areas. Nobody is prepared, and some people's lawns turn into a jungle. My own doesn't quite become that bad, but it's certainly not great looking. I write the HOA and get a nice 'piss off, it's not in the contract'. Also odd is that, per the closing documents, I only actually own the land up to about 10 feet behind my house - the ~20 feet beyond that to the fence is listed as the common areas, yet this land isn't being mowed by them either... I asked them if I was to interpret that as them ceding me that land, but I didn't get a response. Go forward maybe 5 months, and I get a letter from the HOA that my lawn is allegedly looking too bad to be tolerated, and I will be levied a fee of $10 a day after 10 days until I have fixed it. At this point I consult the documentation I was given at closing, and yes, it enumerates quite specifically that the HOA is responsible for lawn maintenance on both the common areas *and* the homeowner's property, unless the homeowner decides on their own to fence off their back lawn. I write this to the HOA, and I get back that hey, piss off, you're responsible for your own lawn and will be charged. I call up Gwinnett County Courthouse and speak to a clerk in the records department, and ask if the HOA agreement on file with them has been altered at all since it was filed in 2007. She says it was not. Now, I should clarify - this is not an HOA in the traditional sense where all the homeowners get together and vote up a president and treasurer and all that. The person in charge of the HOA is actually the builder. The agreement is written such that the homeowners can elect someone else, but he has three votes to everyone else's one until 2014, and to my knowledge there has never been an HOA meeting. The whole subdivision is only 43 townhouses. Almost nobody knows each other, and I work overnights full-time so I virtually never see my neighbors. I've only met four of them, actually, and two already moved out. My suspicion is that the builder is basically using the HOA as a for-profit enterprise. $60 a month from each resident should cover landscaping and lawn care for all 43 homes easily; it's a total of maybe three acres, with nothing special in the way of landscaping. He suddenly cuts back on the lawn service right after he doesn't need to sell any more units, and starts levying fees on people for not cutting their own lawns. The last HOA letter stated that 20% of the neighborhood is 3 months or more past due on their HOA fees. Now, I have the agreement in writing, but it wasn't something anyone signed. It was simply handed to me at the law office at closing. The builder/HOA president/mysterious HOA email writer has said that there is a different, 'final plat' on file with the county which supercedes this, but he hasn't provided any more information, let alone a copy, nor was I shown that before or at closing... the HOA agreement I have is notarized, but I don't know how much weight that has, if any. Small claims court will probably cost me, but I'm not really sure how much I can expect to pay. Is it worth it? Can I win, and get him to mow the lawn, or at least recover the HOA fee? Even if I do win, is it worth it? My only actual court experience is pleading guilty to traffic violations. Coldbird fucked around with this message at 19:36 on Nov 7, 2010 |
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Nov 7, 2010 19:32
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Coldbird posted:Small claims court will probably cost me, but I'm not really sure how much I can expect to pay. Is it worth it? Can I win, and get him to mow the lawn, or at least recover the HOA fee? Even if I do win, is it worth it? My only actual court experience is pleading guilty to traffic violations. If you are seeking to force the HOA to comply with the contract, small claims court in your state probably doesn't have the power to order future performance. But you could, potentially, sue in small claims court for your damages for mowing the lawn / paying for the lawn to be mowed since the dispute started. And why not? The worst result is that you lose, and you would be in the same position you are in right now, plus you would probably get to see this mysterious superseding plat they are talking about (because they would have to put it into evidence to use it). The signed contract shouldn't be an issue, get a certified copy of the HOA agreement as it is on file with the government, and it should be admissible. I have no idea what your filing fees would be, ours are around $70 for small claims.
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Nov 7, 2010 20:52
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So for the past couple of years, I've been working as an independent contractor for a company in which I was previously a full-time employee(my first year was as a full-time employee there). I asked to cut down to 20 hours a week, working from home(web development), and they gave it to me but wrote up a new contract for me detailing me as an independent contractor(no benefits and no tax withheld from my pay). Well, I just today stumbled upon the term "permalancer" here and did a little bit of research. According to the IRS website, if the company has the ability to control the way in which I do the work, the hours I work, and the tools used for the job(all three are true in this case), then I should be classified as an employee and get all the perks that come with it. The reason I didn't think to look at this earlier is actually related to Obama-care. I make too much money to qualify for Obama-care and I can't afford the outrageous price(and lovely quality) of individual health insurance. I am uninsured right now and I don't want to have to pay a fine or anything because of that. Recently, in the past 5-6 months or so, I have ramped up to working 30 hours a week, so I figured I would ask the company if I am qualified to become an employee again and get insurance. They didn't respond at all, so I started doing some research. I found this article, which talks about a case where some permalancers sued Microsoft and Microsoft settled for $97 million. Googling around, it seems like they should have classified me as an employee in the first place, and might owe me compensation for the 2 years of benefits and taxes they didn't pay. Am I off my rocker? Or should I seek legal advice?
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Nov 8, 2010 03:11
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Coldbird posted:This is probably a long question on a pretty pedestrian subject... kind of piddling compared to other stuff that's been posted, I'm sure. Does anyone else want to see this as a derivative suit for breach of fiduciary duty?
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Nov 8, 2010 03:32
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English law, regarding the Data Protection Act: As far as I'm aware, if you're requesting your data from an organisation via a 'subject access request', it is specified that they may charge no more than £10 for providing it. Does this apply to the NHS? I phoned my doctor's surgery asking for my complete medical records. They said to write to the practice manager, which I did, and they've told me they will charge £16.50 for photocopying and £10 for administration. Is this allowed? Does the statutory maximum of £10 apply to them? If it does, should I be reporting them to some sort of body?
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Nov 8, 2010 15:53
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Anjow posted:English law, regarding the Data Protection Act: From Liberty: quote:Charges
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Nov 8, 2010 16:14
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I rent an apartment in Oklahoma. The complex takes up most of a city block, the units are in separate structures (in groups of eight, four on each floor) and are separated by parking lots with with about a dozen spots each. Over the past couple weeks, my landlord has been repaving our parking lots. We received notices on our doors explaining which lots will be repaved. ("phase 1" is here, "phase 2" is here", etc.) In an attempt to avoid being towed, I parked in a lot which was not on the list. This was on Tuesday afternoon. Wednesday morning, a representative from the apartment complex knocks on my door asking me about another vehicle in the lot. "Is this your car? We've got to move it before we work on this lot." (I assume he was an employee of the complex because he was wearing a polo shirt with their name and logo on it. That's all I have to go on.) "No. I drive that white van over in that other lot," I say while pointing to it. "By the way, will that lot be under construction any time soon? I will be out of state with my family over the next three days, and I will have to leave my van somewhere." His response: "I don't know. But you can move it to the south lot if you want. We're done with it." "I'll see what I can do, but I'm pretty busy this morning." Time constraints prevented me from moving my vehicle, but he did not explicitly say that I had to move. I return on Saturday and find that the lot in which I was parked has been blocked off, and my vehicle has been relocated to the lot in front of the main office. Under the wipers are two notices: "Warning! Please move your vehicle immediately!" and "We moved your vehicle! Your account has been charged $75!" There was no notice on my apartment door. Assuming that they knew that the vehicle belonged to a tenant (why else would it mention my "account"), they had access to other means of communication (phone call, email), but I did not receive any other attempts to communicate. (Sidenote: They're also doing construction on the roofs of the units, and the south lot was now full of huge dumpsters. If I would have moved, I would have ended up being towed from there so they could move the dumpsters in.) After a cursory glance through the Oklahoma Landlord Tenant Lease Act, I couldn't find any mention of parking enforcement. My signed lease also doesn't mention parking enforcement. The lot does not have assigned parking, and we do not have parking tags. (Heck, there's basically nothing preventing total strangers from parking here.) At best, they mention their duty to perform repairs, but there's no mention of what happens when tenant property (a vehicle) is preventing them from doing so. There's no mention of expected methods of notifying the tenant. There's no mention of how much time the tenant should expect between notification remove the vehicle, and the towing itself. My complaint: They did not notify me that the specific lot that I used would be under construction. They notified my vehicle, but my vehicle is an inanimate object which cannot communicate with me. Do I have any legal recourse for getting this fee overturned? (I haven't yet talked to them, but I will over my lunch break in a couple hours.)
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Nov 8, 2010 16:33
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quazi posted:My complaint: They did not notify me that the specific lot that I used would be under construction. They notified my vehicle, but my vehicle is an inanimate object which cannot communicate with me. This is about as likely to succeed as 'they didn't send a letter to me, they sent a letter to my house'.
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Nov 8, 2010 16:39
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Alchenar posted:This is about as likely to succeed as 'they didn't send a letter to me, they sent a letter to my house'. Besides, when I told them that I would be unable to move my vehicle for a few days, they didn't explicitly tell me to move it then.
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Nov 8, 2010 16:45
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quazi posted:I don't live in my car. Just try talking it over with a manager/supervisor of your complex, explain the issue, and get them to waive the fee. This isn't worth hiring a lawyer, and it probably isn't worth the hassle of going to small claims.
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Nov 8, 2010 16:48
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Alchenar posted:From Liberty: Thanks. I called them up to find out how much was on computer and they said I could just make an appointment with the doctor to get the information I was after. I got an appointment for 45 minutes later, was in and out in 5 minutes and got all the information I needed. The NHS being bloody efficient for once.
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Nov 8, 2010 17:10
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Not really too much of a legal question, but there was a paint balling trip at that our head of form organized for the weekend, but I couldn't attend due to illness. Now the school is attempting to charge me the full £30 (english) even though I didn't use the gun, the cost for transport was the same whether or not I said I would go etc. Am I obliged to pay anything? No paper was signed, and the only thing I did to apply to go was say "me" when the head of form asked if anyone else wanted to go, and neither me nor him mentioned anything about payment at the time. I would probably just pay if they weren't acting like such dicks about it. I've got no idea if they booked it, but the head of form got the time wrong to get there and leave, so perhaps. tl;dr said I'd go to something that cost £30 without signing anything, or even saying I'd pay them, couldn't go due to illness, now school is trying to charge and acting like dicks so I don't want to. Am I obliged to pay?
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Nov 8, 2010 17:23
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Anjow posted:Thanks. I called them up to find out how much was on computer and they said I could just make an appointment with the doctor to get the information I was after. I got an appointment for 45 minutes later, was in and out in 5 minutes and got all the information I needed. The NHS being bloody efficient for once. Like all administration you just need to know exactly what you want. e: ^^ are they trying to make you pay because you are on the list of people who 'went' or because they know you didn't go but didn't charge them? Signing or not signing anything won't matter if they had to book in advance (which they may well have done).
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Nov 8, 2010 17:24
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On the list of people who were "going to go" - on Friday he asked if anyone else wanted to go and I said yeah, he wrote my name down and the actual paint balling was yesterday. If they booked from number of people it would be pretty last minute. My guess is they booked the venue for a time, and paid for balls and guns there, in which case it would be no loss to them unless they subsidized it as many people had already paid the same price before I was going to go. Crack fucked around with this message at 17:34 on Nov 8, 2010 |
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Nov 8, 2010 17:29
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Abderian posted:On the list of people who were "going to go" - on Friday he asked if anyone else wanted to go and I said yeah, he wrote my name down and the actual paint balling was yesterday. If they booked from number of people it would be pretty last minute. Your guess isn't really much good (because you just happened to guess the exact circumstances that are favourable to you - something that never, ever happens when people are in a dispute). It's entirely possible they'd booked in advance and then given final notification of numbers on the Friday/Saturday. And yes, it's likely they would have been getting a group discount. You say 'nothing about cost was mentioned at the time' but now you are revealing that there was a prior list and you agreed to go on a subsequent asking, which means there was prior discussion of how much it would cost (because you are never going to convince me or anyone else that you seriously thought it was a free paintballing trip). The fact that he was even taking down a list of who was going implies that it mattered. It's £30. Pay up and learn the lesson that you need to pay attention to exactly what you are getting into whenever you commit yourself to something.
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Nov 8, 2010 18:31
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Alchenar posted:Your guess isn't really much good (because you just happened to guess the exact circumstances that are favourable to you - something that never, ever happens when people are in a dispute). It's entirely possible they'd booked in advance and then given final notification of numbers on the Friday/Saturday. And yes, it's likely they would have been getting a group discount. Thanks a lot for your help, though it wasn't what I wanted to hear  . What I meant about the cost not mentioned is that I thought it was nothing more than a verbal agreement that I would attend, and until today I was not told directly that I would need to pay. It was pretty obvious, though. Every other time I've done anything organized by a school I've signed a form which basically said "I agree to do x and pay x" which is why I got confused this time. My head of form is thicker than a wall, though, so maybe I can blag my way out of it. Getting some money ready just in case though 
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Nov 8, 2010 19:43
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quazi posted:[car got towed from apartment complex construction area during three-day absence] 47 O.S. 954A posted:A. In addition to any procedure provided by local ordinance, whenever the owner or legal possessor of real property or an authorized agent has reasonable cause to believe that a vehicle has been abandoned thereon, said vehicle having been on said property for a minimum of forty-eight (48) hours, or whenever a vehicle is left upon said real property without express or implied permission, such vehicle may be removed as provided in this section. I thought small claims fees were around $45, but Solomon Grundy says they're more like $70 and he does civil law more than I do. In that event, it really wouldn't pay to roll the dice in small claims court and hope that the complex/tow company didn't strictly adhere to the requirements of section 954A and that the judge would hinge his/her decision on that technicality. It sounds like you're already doing the best thing - asking them if they'll waive the fee.
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Nov 8, 2010 20:46
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Abderian posted:Thanks a lot for your help, though it wasn't what I wanted to hear What is a head of form?
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Nov 8, 2010 20:51
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Solomon Grundy posted:What is a head of form? Will be a teacher nominally in adminstrative and pastoral charge of that school year (or 'form' as we say in old blighty  ).
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Nov 8, 2010 20:57
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joat mon posted:There may be a municipal code that covers this was well, (what city are you in?) but the state statute says: However, I relayed the story to the secretary in the office, and she told me that they posted warnings on the vehicles Friday morning, and proceeded to tow them that afternoon. Also, they only notified the residents of the closest building -- not realizing that residents living in the buildings across the way (with closed parking lots) might have parked in these other lots because they were being forced to do so. Frustrating as gently caress.
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Nov 9, 2010 00:00
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quazi posted:I'm in Stillwater (here's the city code). The manager wasn't in today, so I'll give it another go tomorrow. Probably Chapter 29, section 136.
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Nov 9, 2010 03:02
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I have a question. I attend a private college, and my favorite professor kicked this girl out of the classroom for being disruptive. He had previously warned her that if she continued her disruptive behavior she would have to leave the classroom and next class she continued, so he did. She refused, so he called the police, who came and had to resort in physically removing her from the school. She claims her 14th amendment rights were breached because they deprived her of due process. I am kind worried about my Prof and the school, because this bitch is crazy.
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Nov 9, 2010 08:00
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Zealous Abattoir posted:I have a question. I attend a private college, and my favorite professor kicked this girl out of the classroom for being disruptive. He had previously warned her that if she continued her disruptive behavior she would have to leave the classroom and next class she continued, so he did. She refused, so he called the police, who came and had to resort in physically removing her from the school. She claims her 14th amendment rights were breached because they deprived her of due process. I am kind worried about my Prof and the school, because this bitch is crazy. She's crazy and doesn't understand even the fundamentals of due process. The professor was well within his rights.
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Nov 9, 2010 08:06
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You also don't have to worry because the college will hire an attorney for him if she tries to sue or something dumb like that, which she'd have to do pro se or with a scummy attorney on an hourly basis because no sane attorney would take that ridiculous case.
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Nov 9, 2010 16:36
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Can someone explain to me whats up with due process and how it affects how private colleges work with their students? I mean, I tried to read up upon the subject last night to understand her argument, but either I really am dumb (which I probably am) or she is talking out of her rear end.
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Nov 9, 2010 16:54
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