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oh snap posted:One more question about my divorce case. You're not going to get what you need from this thread other than "seek legal advice". If she has representation and it's not amicable then get a lawyer for yourself. Armchair lawyers working off of emotion get killed in court.
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Jan 22, 2011 06:28
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oh snap posted:One more question about my divorce case. The lawyer my wife is using is her uncle who represented us by doing the closing for the first home we purchased. I'm saying he has a conflict of interest because I opened all of my finances to him in confidence while he was acting as my attorney. He is claiming he doesn't have a conflict because any of the information he may have learned while representing me could have also come from my wife. I think it's a pretty bullshit argument. My wife was not involved with our family finances at all so she couldn't have shared that information with him. I feel like I'm at a disadvantage while negotiating because he can throw numbers in my face from years ago. I'm coming to the table with "I make $60,000 a year now" and he'll say "Well a couple of years ago you were making 70, so you should pay based on that amount." Get an attorney. Given your sharing of financial information, I'd say your divorce is a substantially related matter - he's got a conflict. To quote the comments of my State's ethical rules: Rule 1.9. Conflict of Interest: Duties To Former Clients. posted:Comment: ... For example, a lawyer who has represented a businessperson and learned extensive private financial information about that person may not then represent that person's spouse in seeking a divorce. Get an attorney. He/she will know how to handle this better than you.
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Jan 22, 2011 06:39
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Thank you everyone for your help. I'm still looking for an attorney who is willing to hear the specifics of my case and not just do a paint by numbers representation based on the last 500 divorce cases she had.
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Jan 22, 2011 13:32
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Does anybody here have any background with Chinese copyright law? Specifically Fair Use of information and images in the People's Republic of China. I know in China that there is fair use but especially clarification of Chapter 1, article 5.
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Jan 22, 2011 15:18
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Edit: Woops, wrong button.
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Jan 22, 2011 16:40
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oh snap posted:Thank you everyone for your help. I'm still looking for an attorney who is willing to hear the specifics of my case and not just do a paint by numbers representation based on the last 500 divorce cases she had. Better have lots of money, then. Lobstermagnet posted:Does anybody here have any background with Chinese copyright law? Specifically Fair Use of information and images in the People's Republic of China. I know in China that there is fair use but especially clarification of Chapter 1, article 5. There's no such thing as Chinese copyright law. There may be something on the books, but practically speaking, it is not enforced.
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Jan 22, 2011 21:20
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Solomon Grundy posted:There's no such thing as Chinese copyright law. There may be something on the books, but practically speaking, it is not enforced. i know Chinese copyright laws are a joke but that's not the issue, I need some clarification on the minutia on what they define as things such as 'news' and 'documents of legislative, administrative or judicial nature'
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Jan 23, 2011 00:44
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stubblyhead posted:If a person were standing in one state and shoots another person standing on the other side of the border with another state, where would the crime be prosecuted? On a similar note, what about shooting people in international waters. The shooter is American. One of the dead is American and the other is from another country.
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Jan 23, 2011 01:24
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chemosh6969 posted:On a similar note, what about shooting people in international waters. The shooter is American. One of the dead is American and the other is from another country. Your boat has a flag on it. Check out the flag and you know who gets to prosecute.
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Jan 23, 2011 01:25
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Alchenar posted:Your boat has a flag on it. Check out the flag and you know who gets to prosecute. Skull and crossbones, baby.
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Jan 23, 2011 02:27
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chemosh6969 posted:Skull and crossbones, baby. Hahaha no. I actually know nothing about maritime law but I suspect that your country of origin is determined by something other than the flag that you have arbitrarily chosen to fly. For example, I'll bet that your home port controls, or the country under which you registered title or something. Flags are too easy to change for the flag to be the controlling thing.
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Jan 23, 2011 03:34
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entris posted:Hahaha no. Flag in this context is used metaphorically. It refers to the flag state, the state in which the vessel is registered. Doesn't mean any of the crewmembers are from that country, that the vessel was ever in that country, or that the owner is even from or based in that country. It's purely a business decision. It's relatively simple to re-flag a vessel in a different country, if the original country decides to say, start charging taxes or inspecting their vessels. The actual flag is just a rag hanging off a pole, it gets changed every few months as weather dictates. As to who gets to prosecutes a crime commited on the high sea, I guess it would be the flag state, but frankly, the vast majority of them do not give a poo poo. (Is China going to prosecute an Indian man who killed a Filipino off the coast of Africa?) If a vessel was not registered in any country, I suppose the country of the owner would be the jurisdiction, but then again it might just get prosecuted by the coastal state or the next port state. Once again, IANAL.
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Jan 23, 2011 05:10
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entris posted:Hahaha no. IIRC there's a federal statute that puts under US jurisdiction any person who kills or conspires to kill a US citizen.
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Jan 23, 2011 07:16
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I need some help, guys. I just moved out to LA, and in the mixup, my car insurance with Progressive expired. Well, on the night of the first I was making a left at an intersection, and as I'm making the left I see a car appear out of my right side and in the split second I have to decide whether or not to try and blow through and risk getting t-boned or stopping and hoping this guy stops in time or swerves. I stop. He hits the front of my car. Body damage, shifts the frame, punctures the windshield wiper tank. About $2200 worth of damage. Like I said, accident wasn't my fault, he hit me. He's threatening to take me to court for the damages to his vehicle. Because I didn't have insurance, does this put me automatically at fault, or should I try fighting this in court or even try counter-suing for the damage?
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Jan 23, 2011 08:08
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Jefferoo posted:I need some help, guys. I just moved out to LA, and in the mixup, my car insurance with Progressive expired. I would absolutely lawyer up.
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Jan 23, 2011 08:12
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nm posted:Lack of insurance doesn't make you at fault for an accident. How much does a decent lawyer cost? /e: There were no witnesses, and I didn't witness him take accident photos. I was kind of super nervous and freaking out because I've never been in an accident before and didn't get photos of the accident scene. I got photos of the damage after I was able to drive my car back home. His wouldn't start, at least not when I left the scene. Jefferoo fucked around with this message at 08:23 on Jan 23, 2011 |
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Jan 23, 2011 08:18
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Jefferoo posted:How much does a decent lawyer cost? Plaintiff? 1/3 contingency fee is standard. That said, if your damages are only $2k, few lawyers might take your case. If he sues you, you absolutely 100% need to lawyer up. That's the cost of no insurance.
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Jan 23, 2011 08:39
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Damages to his vehicle were a little more than 2k - $3500, it was a Mercedes. Is a defense attorney going to be more than that? Do I have to pay for it up front or over time? I have some graphic/web design skills, does that help me in some way? I was reading through your posts in this thread and you mentioned that.
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Jan 23, 2011 09:04
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FrozenVent posted:As to who gets to prosecutes a crime commited on the high sea, I guess it would be the flag state, but frankly, the vast majority of them do not give a poo poo. (Is China going to prosecute an Indian man who killed a Filipino off the coast of Africa?) I am definitely not a lawyer, but I did take a course in international law once. Jurisdiction is given to the flag state of the ship, and to the nationality of the individual. So in your example, the man could be prosecuted by either China (as the flag state) or India (based on his nationality). A ship without registration can, I think, be boarded and subject to the jurisdiction of any warship they run into (meaning, for instance, that a Kenyan coastguard ship could detain the unregistered ship and prosecute the Indian man themselves). Practically speaking, if you are tooling around in an unregistered ship shooting people, you are going to be considered a pirate, and any country that can catch you has the right to prosecute. Certain crimes can be prosecuted by coastal states, if they have cause, but I don't think there are provisions to give the victims country jurisdiction.
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Jan 23, 2011 15:18
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Jefferoo posted:I need some help, guys. I just moved out to LA, and in the mixup, my car insurance with Progressive expired. You turned left into his lane of travel. You did not have the right of way. You are at fault. Jefferoo posted:Damages to his vehicle were a little more than 2k - $3500, it was a Mercedes. Is a defense attorney going to be more than that? Do I have to pay for it up front or over time? I have some graphic/web design skills, does that help me in some way? I was reading through your posts in this thread and you mentioned that. It will likely cost more than $3,500 to defend a case in LA, and you don't really have a defense unless the guy was speeding, in which case it may be a comparative negligence situation (but you will still be somewhat at fault). So spending money on a lawyer may not make sense. If you offer to settle with the other driver, you can offer to pay over time, and if he accepts, you have a settlement agreement. He is not required to accept your offer to pay over time. What does web design skills have to do with anything?
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Jan 23, 2011 16:59
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Solomon Grundy posted:What does web design skills have to do with anything? Girls only go out with guys who have good skills.
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Jan 23, 2011 19:25
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Jefferoo posted:I need some help, guys. I just moved out to LA, and in the mixup, my car insurance with Progressive expired. Solomon Grundy posted:You turned left into his lane of travel. You did not have the right of way. You are at fault. Not necessarily. It could depend on how the intersection was controlled.
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Jan 23, 2011 19:41
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This occurred in Ontario  My friend used to be addicted to oxycontin, he took a payday loan from a certain payday loan place and never repaid it. Fast forward a year or two down the road he takes his paycheque to be cashed at the same "chain", he had forgotten about the debt. The clerk who served him didn't mention the outstanding debt, allowed him to sign the cheque, then a manager came out and explained they would be keeping 200$ out of his 400$ paycheque since he owed them that money. He asked for his cheque back and they refused. Now im sure this comes down to some technicality of whether or not the cheque was theirs to garnish. He can't pay his rent or feed himself now. This obviously causes him great distress. So I guess what i'm asking is, is what they did legal? If not what is the best ( quickest and most cost effective way to remedy his predicament)
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Jan 23, 2011 22:42
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Well, if I try to fight this in court, since no evidence was taken and my argument is that when I initiated the left turn, it was safe, and when I was looking right mid turn I saw his vehicle which seemed to have pulled out of a lot blaring through the intersection, so I had to stop in order to avoid damage to my vehicle. He hit the front right corner of my car, and if he had simply stopped fully or swerved 2-3 feet to the right would have been perfectly safe and we would not be in court today. Like I said, there's no witnesses and there was no evidence taken, so it would basically be his word against mine. Is that enough basis to get the case dismissed?
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Jan 23, 2011 22:51
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kalonji posted:My friend used to be addicted to oxycontin He also offered to make payment arrangements/pay a portion of it, they refused, and if it matters the employer whose cheque he cashed is different then the one when he took the loan.
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Jan 23, 2011 23:42
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kalonji posted:He also offered to make payment arrangements/pay a portion of it, they refused, and if it matters the employer whose cheque he cashed is different then the one when he took the loan. I'm scratching my head but nothing generally applicable leaps out. In common law terms: it's a debt, an offer of partial payment is worthless, the debt is to the company not the individual so the manager doesn't matter. He didn't intend to pay the debt and a lender cannot take the issue of repayment into their own hands. I guess he can make a criminal complaint of theft, at which point the loan service will make a complaint against him of fraud? You need someone a bit more local for a better answer.
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Jan 24, 2011 00:23
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I think, given the amount of money involved here, that your friend is out of luck. There's no way that hiring an attorney is cheap enough to be cost effective in fighting this. Tell your friend that in the future he should not cash checks at places where he owes money.
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Jan 24, 2011 00:26
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I've tried googling this but I haven't had much luck. Could someone tell me about the legalities of recording audio in your own home, in North Carolina? I have a friend who is at the start of a divorce, still living with the husband and kids. The husband is being emotionally/verbally abusive to her and the kids, and I figured having audio of it would definitely be helpful when it comes to the custody dispute.
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Jan 24, 2011 00:26
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Alchenar posted:I'm scratching my head but nothing generally applicable leaps out. In common law terms: it's a debt, an offer of partial payment is worthless, the debt is to the company not the individual so the manager doesn't matter. entris posted:I think, given the amount of money involved here, that your friend is out of luck. There's no way that hiring an attorney is cheap enough to be cost effective in fighting this. I guessed this much, thanks for confirming it goons, I just hate the payday advance industry and was hoping he could stick it them. I'm not a lawyer ( just a lot of internet) but I think when he signed the back of cheque he was endorsing it over to them ( I guess thats how check cashing joints work) so I guess it was their property at that point. They also agreed to give him 500$ in exchange for endorsing the cheque, but he also agreed to pay back his loan so i guess they are even.
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Jan 24, 2011 01:02
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TheBestDeception posted:Not necessarily. It could depend on how the intersection was controlled. Okay. Unless he had a green arrow, which he didn't mention having. Happy?
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Jan 24, 2011 01:55
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What lawyer is going to take the other driver's case for that car accident? Its not even that the damages are so low, but where are they recovering it from? Wouldn't it be about a million times easier for him to just recover under his uninsured motorist coverage?
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Jan 24, 2011 02:43
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Solomon Grundy posted:Okay. Unless he had a green arrow, which he didn't mention having. Happy? Right-of-way actually goes to the car already in the intersection regardless of ROW otherwise if the other car had reasonable time to stop and whatever. Similarly, ROW can be impacted by speed, I don't know CA law in this regard, but in MN, a speeding vehcile gives up all right-of-way. Kase Im Licht posted:What lawyer is going to take the other driver's case for that car accident? Its not even that the damages are so low, but where are they recovering it from? It doesn't sound like OP is a penniless chump, but rather someone who may have assets and missed a payment. OP should also make absolutely certain his insurance was actually lapsed under the law of the state in question. Just because apayment is a day late or something doesn't always mean you're not covered under the law.
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Jan 24, 2011 03:16
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entris posted:I think, given the amount of money involved here, that your friend is out of luck. There's no way that hiring an attorney is cheap enough to be cost effective in fighting this. (not a lawyer) And if he tries to take to small claims court and do it without a lawyer, they could just countersue for the original debt, possibly without even having to pay a filing fee depending on the state, and he still doesn't get his money. Complaints to the better business bureau and/or attorney general might help vent frustration and cause them trouble, but I wouldn't expect much sympathy. Although payday lenders are pretty unpopular so who knows?
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Jan 24, 2011 04:10
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nm posted:His under-insured coverage will then recover from OP. Dude's talking about his web design skills, I was assuming he was talking about trying to barter or something. And sometimes saying there was a mix up is a less embarrassing way of saying you were too broke to pay a bill. That plus talking about deferring payments makes me thinks he's not in a great financial situation. That's a lot of guessing though.
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Jan 24, 2011 06:36
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Edit: woops
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Jan 24, 2011 07:12
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I have a question about car titles. About 3 years ago, my boyfriend gave his brother money to go buy him a car. He was working all the time and never had time to go get a new one. So, his brother went to the dealership and bought a car. He put the title in his name and told my boyfriend they could transfer it later. Later has yet to come. He has always had an excuse to not sign the title over, saying he's too busy to go to the dmv usually. I personally don't think he even has the title anymore. Well, now we live in another state and his brother has pretty much fallen off the planet. We haven't been able to get in touch with him in months, and the car is dying so we need to trade it in for a new one. How do we go about getting the title if we can't get his brother to mail it to us? Do we take him to court?
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Jan 24, 2011 19:22
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Really, I think all you need is a bill of sale for $10 or whatever, and you can file for a replacement title I think also.Jamziez posted:I have a question about car titles. About 3 years ago, my boyfriend gave his brother money to go buy him a car. He was working all the time and never had time to go get a new one. So, his brother went to the dealership and bought a car. He put the title in his name and told my boyfriend they could transfer it later. Later has yet to come. He has always had an excuse to not sign the title over, saying he's too busy to go to the dmv usually. I personally don't think he even has the title anymore. Well, now we live in another state and his brother has pretty much fallen off the planet. We haven't been able to get in touch with him in months, and the car is dying so we need to trade it in for a new one. How do we go about getting the title if we can't get his brother to mail it to us? Do we take him to court?
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Jan 24, 2011 19:44
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Can I send myself to solitary confinement without committing a crime? Like can I go up to a jail and say "put me in solitary, no visitors"? I don't feel like working and homeless shelters seem unsafe and annoying. (USER WAS BANNED FOR THIS POST)
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Jan 24, 2011 19:46
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Kingsbury posted:Can I send myself to solitary confinement without committing a crime? Like can I go up to a jail and say "put me in solitary, no visitors"? I don't feel like working and homeless shelters seem unsafe and annoying. 1. You need to watch some prison documentaries, and get an understanding of just how lovely your prison experience - even in solitary - would be. 2. No one is going to simply put you in a cell, and be responsible for your food and well-being, for free. 3. Seriously, try seeing a therapist. If you find yourself longing for solitary confinement, that is an indicator that you are having trouble coping with your life. 4. No you can't do this, although you might be able to get yourself voluntarily committed to a mental health facility - which is a special kind of hell and will probably still cost you money. edit: Why not join a monastery and retreat from modern life for a while?
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Jan 24, 2011 19:51
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entris posted:1. You need to watch some prison documentaries, and get an understanding of just how lovely your prison experience - even in solitary - would be. I don't have to work and no one bothers me. Seems like heaven to me. entris posted:2. No one is going to simply put you in a cell, and be responsible for your food and well-being, for free. What I am trying to do is be thrown in jail in the least violent way without harming anyone. I could get myself thrown in solitary by simply committing crimes but I want to avoid that. entris posted:3. Seriously, try seeing a therapist. If you find yourself longing for solitary confinement, that is an indicator that you are having trouble coping with your life. I've been to two therapists and they both said I was a wonderful person and that the only thing that was wrong with me was a minor generalized anxiety disorder. entris posted:4. No you can't do this, although you might be able to get yourself voluntarily committed to a mental health facility - which is a special kind of hell and will probably still cost you money. But last time I checked jail isn't jail free? entris posted:edit: Why not join a monastery and retreat from modern life for a while? I'm trying to avoid being anally raped. This is all part publicity stunt/non violent protest against modern society. I am a very talented artist and probably could be making a drat good salary right now but my morals will not allow me to perpetuate capitalism in it's current form. Kingsbury fucked around with this message at 19:59 on Jan 24, 2011 |
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Jan 24, 2011 19:57
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