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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? Where are you? Are you in physical possession of the title? Was the signed over title ever sent to the state to be properly transferred?
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Jan 24, 2011 20:01
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Kingsbury posted:I don't have to work and no one bothers me. Seems like heaven to me.
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Jan 24, 2011 20:04
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Kingsbury posted:I don't have to work and no one bothers me. Seems like heaven to me. quote:my morals will not allow me to perpetuate capitalism in it's current form. You have admitted that you are lazy and don't want to work, but then try to dress it up as some anti-capitalist schtick. Let's just admit that this isn't some revolutionary economics thing, you are just lazy and don't want to work. quote:I'm trying to avoid being anally raped. I lol'd. If you are an artist, you should seriously consider moving to an artists' commune - perhaps the Zendik farm in West Virginia? http://www.zendik.org/ (I'm being serious, here.) My understanding is that there are a number of communes around the country where you can go and be an artist and whatnot, without having to suck up to The Man or whatever. I don't know of ones other than the Zendik one, but if you ask around I'm sure you can find more. And my final answer is that you can't get into jail without committing a crime, and you can't get into solitary confinement without committing seriously violent crimes while in jail - which are more likely to get you killed than into solitary confinement.
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Jan 24, 2011 20:21
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entris posted:And my final answer is that you can't get into jail without committing a crime, and you can't get into solitary confinement without committing seriously violent crimes while in jail - which are more likely to get you killed than into solitary confinement. Is there some law against it or is it just not usually done? Kingsbury fucked around with this message at 20:31 on Jan 24, 2011 |
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Jan 24, 2011 20:27
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Kingsbury posted:Is there some law against it or is it just not usually done? This is one of those quirky questions that are tough to definitively answer - I can't say for sure that there is a law against allowing innocent citizens to voluntarily enter solitary confinement, but I am sure that it isn't possible. I doubt there is an actual statute in your state that prohibits it, probably because such a statute is unnecessary - basically no one wants to go to prison voluntarily. The real reason that you can't do this is due to costs and legal responsibilities - the prison system in your state isn't going to have the funds to pay for your "incarceration" - if they did accept you, you'd have to pay your own way, I'd imagine. Second, prisons typically have legal responsibilities regarding the care of their inmates. Putting aside the fact that prisons mistreat their inmates all the time, I think it's highly unlikely that a prison would voluntarily accept responsibility for an innocent citizen who just wants to be in prison for a while - because that person is much more likely to be able to sue the prison for failure to uphold its legal responsibilities. In other words, your plan would create too much liability potential for the prison.
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Jan 24, 2011 20:43
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Kingsbury posted:Is there some law against it or is it just not usually done? It's not a mental hospital or homeless shelter. It's not "not usually" done it is never done in the way you are talking about. E: Actually, disregard. ChubbyEmoBabe fucked around with this message at 20:47 on Jan 24, 2011 |
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Jan 24, 2011 20:44
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Debra Norville went to a jail once as part of a similar minded publicity stunt: http://edition.cnn.hu/TRANSCRIPTS/0002/14/lkl.00.html I guess it's possible that you can be housed in a jail with permission without having committed a crime? But that must be way easier than getting into prison.
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Jan 24, 2011 20:57
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Kingsbury posted:Is there some law against it or is it just not usually done? Go read some stuff by HidingfromGoro and report back with your results: http://forums.somethingawful.com/showthread.php?threadid=3331921&highlight=
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Jan 24, 2011 20:58
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ChubbyEmoBabe posted:Where are you? We're in NY now. The car was bought in WA. The last we heard, his brother had the title. But his brother is a scumbag so it's probably been thrown away or lost by now. We haven't been able to get in touch with him for months and this whole title bs has been going on since he bought the car. AlligatorHugs fucked around with this message at 21:11 on Jan 24, 2011 |
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Jan 24, 2011 21:07
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Jamziez posted:We're in NY now. The car was bought in WA. The last we heard, his brother had the title. But his brother is a scumbag so it's probably been thrown away or lost by now. We haven't been able to get in touch with him for months and this whole title bs has been going on since he bought the car. Call or go to your local DMV. They should be able to help you understand your options. Call a local dealer and let them know you want to buy a vehicle there and trade in what you have, they will tell you your options from their standpoint (abandoned vehicle waiver, etc). If the title was never transferred you may be able to find out who the original owner is and have them give you a "release of interest" in WA. There are some places that specialize in this kind of thing but I won't refer you to any because I don't know about them first hand.
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Jan 24, 2011 21:43
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Quick legal advice: virginia resident. occured in virginia. I got my first speeding ticket. Its not online, although court hearings for the same date from the same officer are, for offenses that occured before mine. Is it possible that I was so nice to the officer that he decided not to file my ticket? If not, if I pay by phone since I can't find my ticket will they be able to look up how much I owe exactly without it being online first? I am rather uncomfortable giving cc info online over the phone to a stranger, and I am afraid mail will go undelivered or get lost, which isnt unheard of.
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Jan 24, 2011 22:44
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CheerGrrl92 posted:Quick legal advice: Are you sure you're looking at the right online listing? You can call up the clerk's office, give them your name, and see if your ticket is in the system. You can then ask them how much the ticket is for. If you don't want to pay over the phone, and you don't want to use the mail, then your options are either 1) wait for your ticket to show up online or 2) go down in-person and pay the fine. (Or, 3) go to court, and request driving school from the judge in exchange for having the ticket dismissed - you still pay court costs but your insurance record doesn't get affected. You can do this in Virginia really easily.)
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Jan 24, 2011 22:48
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...and most of all:quote:Is it possible that I was so nice to the officer that he decided not to file my ticket? No. If he wrote the ticket it's done.
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Jan 24, 2011 22:51
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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? In WA only the registered owner (or lienholder) can request a duplicate title: http://www.dol.wa.gov/vehicleregistration/replacetitle.html You might try their customer service number, 360-902-3770 http://www.dol.wa.gov/contact/vehicles.html Failing that, you'll probably need to get a WA attorney.
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Jan 24, 2011 22:57
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joat mon posted:Failing that, you'll probably need to get a WA attorney. What if all his promises were just verbal and he wants to deny he ever said it, should he ever get a call from a lawyer?
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Jan 25, 2011 04:04
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I have a question regarding corporate law and taxes. Basically if the owner of a single member LLC in Delaware is a non resident alien, will pass through taxation apply ? In the case of US residents single member LLC's do not pay corporate taxes as I understand it, profits are instead appended to the personal income tax form of the owner. How would this work for non resident aliens seeing as they don't file any income taxes in the US ?
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Jan 25, 2011 10:06
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Do you mean someone in another country? Non-resident aliens inside the United States usually still need to file income taxes, even students and trainees will usually file the 8843 at least. Someone running an LLC definitely should, because they are meeting the 'trade and business' standard the IRS sets. You might want to run your question past the guys in the Income Tax Thread in BFC.
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Jan 25, 2011 15:51
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Croatian posted:In the case of US residents single member LLC's do not pay corporate taxes as I understand it, profits are instead appended to the personal income tax form of the owner. How would this work for non resident aliens seeing as they don't file any income taxes in the US ? If non-resident aliens have income in the U.S. they still need to file a U.S. Income Tax return. But yes, talk to the dudes in the tax thread.
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Jan 25, 2011 16:01
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Croatian posted:I have a question regarding corporate law and taxes. A single member LLC is treated as a disregarded entity by the IRS, which means that the nonresident alien will be taxed as if there were no LLC in place. If the NRA is doing business in the US through the LLC, the NRA needs to do some withholding and also file tax returns and pay income tax in the U.S. Edit: NRAs are not always exempt from paying income tax in the U.S. - there are a number of scenarios in which an NRA must pay income tax to the U.S.
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Jan 25, 2011 18:13
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Ashcans posted:Do you mean someone in another country? Non-resident aliens inside the United States usually still need to file income taxes, even students and trainees will usually file the 8843 at least. Someone running an LLC definitely should, because they are meeting the 'trade and business' standard the IRS sets. You guys are right I should probably check the income tax thread. Just to clarify though I mean non-resident aliens outside the US, say a webmaster who owns a single member LLC, which in turn owns a website displaying ads sold to US corporations/individuals.
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Jan 25, 2011 18:23
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Croatian posted:You guys are right I should probably check the income tax thread. Just to clarify though I mean non-resident aliens outside the US, say a webmaster who owns a single member LLC, which in turn owns a website displaying ads sold to US corporations/individuals. If the NRA is outside the US, there are two initial questions that have to be addressed: 1. Is the NRA from a country that has an income tax treaty with the US, and what does that treaty say? It's possible that the treaty exempts the NRA from paying US income tax, because that same income will be taxed by the NRA's country. 2. If the NRA is engaged in business with US persons, does the NRA "engage in a trade or business within the United States" ("ETBUS")? That second question is a very fact dependent, and international tax lawyers make big bucks working with foreign companies on ways to approach the issue. Self-employed personal service providers are one of the big categories of NRAs who sometimes meet the ETBUS requirements, and sometimes they don't. It all depends on the services they are providing, and whatnot. What kind of services are we talking about, here? Is the website hosted in the US or abroad? Are the ads paid for by US persons? How are payments made? Where are contracts executed? Where and how does the webmaster do the marketing for his website? Basically, if you are having this issue, you should go hunt down a tax attorney (or maybe CPA, I dunno) who specializes in US taxation of foreign persons, and pay a consultation fee to discuss the issue.
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Jan 25, 2011 18:32
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entris posted:A single member LLC is treated as a disregarded entity by the IRS, which means that the nonresident alien will be taxed as if there were no LLC in place. Ah I see. As I understand it, an NRA needs to file a W-8BEN form as a requirement to receive checks from Google Adsense ads for example, but as an individual, is not required to pay income tax in the U.S. on that income from Google text ads, only in whatever country they're based in (I think). I was basically wondering if the same situation applies with an LLC given that single member LLC's are disregarded entities as you say. entris posted:What kind of services are we talking about, here? Is the website hosted in the US or abroad? Are the ads paid for by US persons? How are payments made? Where are contracts executed? Where and how does the webmaster do the marketing for his website? 1. It would be a website hosted in US based servers selling Google ads, as well ads from other US based ad networks and sometimes individuals. 2. Ads are paid for by US persons and corporations. 3. Contracts are executed in the US I guess? It's all handled online, but there is no physical contract that is signed. It's basically an online form as far as I can tell, "click the check box and type your name to accept terms". 4. Marketing would be organic search engine results, so no money would be spent on that front. Croatian fucked around with this message at 18:48 on Jan 25, 2011 |
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Jan 25, 2011 18:38
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Croatian posted:Ah I see. As I understand it, an NRA needs to file a W-8BEN form as a requirement to receive checks from Google Adsense ads for example, but as an individual, is not required to pay income tax in the U.S. on that income from Google text ads, only in whatever country they're based in (I think). Basically, if you are an NRA that gets income from services performed for a US person, and that income will be taxed by the US pursuant to the US tax code and any treaties between your country and US, then the person who pays you for your services is required to withhold. The W-8BEN form is required because Google is required to withhold taxes when it pays fees out to NRAs. A single-member LLC will not change the analysis. Edit: Make sure to ask your question in the Income Taxes thread. Those guys are mostly CPAs, and I'm an attorney, so we have different perspectives. Also, they have more experience than I do, so you should get their input. entris fucked around with this message at 18:48 on Jan 25, 2011 |
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Jan 25, 2011 18:45
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I have a legal question involving a car accident. I live in the bay area in California and this occurred on the Dumbarton bridge. I was in the middle lane. There was a red ford dodge parked on the fast lane because they had no gas, car behind him realizes he's about to smash into parked car, swerves into my lane, I'm forced to swerve into the wall (the bridge had no shoulders on either side). I lose control of the car but no one hits me. My question is: could I potentially get the parked car to pay for damages on my car, or at least pay for the towing? I feel like they were pretty reckless and stupid to get on a bridge with no gas and on top of that, park it on the fast lane.
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Jan 27, 2011 17:47
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Was anyone ticketed?
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Jan 27, 2011 17:57
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I don't think so, no.
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Jan 27, 2011 17:58
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Well did the police come? I would imagine from the police/traffic law perspective the stalled vehicle would be ticketed for "failure to maintain minimum speed", and maybe the "swerver" for "failure to maintain travel lane" or something. From an insurance perspective my bet would be the liability is on the "swerver" because they were going to fast to identify a stalled vehicle and stop without collision. (IANAL or adjuster btw)
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Jan 27, 2011 18:13
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Hypothetical Scenario: I own a BMW and I have a big bag of cocaine under the backseat. I am carjacked, and the suspect flees in my vehicle. I call the police. The police pull him over and arrest him, also finding the cocaine under the backseat. They question the suspect, and myself, and both of us deny being the owner. Who would be more likely to be charged?
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Jan 27, 2011 18:29
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Yes the police came but the swerver essentially disappeared (he couldn't stop because it's a bridge anyways). Yeah I feel like the stalled car should be penalized somehow.
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Jan 27, 2011 18:31
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LLJKSiLk posted:Hypothetical Scenario: Whoever's fingerprints are on the coke bag 
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Jan 27, 2011 18:37
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ChubbyEmoBabe posted:Well did the police come? I would imagine from the police/traffic law perspective the stalled vehicle would be ticketed for "failure to maintain minimum speed", and maybe the "swerver" for "failure to maintain travel lane" or something. And we've spotted the new, marginally less insane Pookie
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Jan 27, 2011 18:37
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Care to point out how what I said was insane, or maybe just address his question to show how I am wrong?
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Jan 27, 2011 18:51
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ChubbyEmoBabe posted:Care to point out how what I said was insane? "I would imagine..." followed by "IANAL." Maximusi posted:I have a legal question involving a car accident. I live in the bay area in California and this occurred on the Dumbarton bridge. I was in the middle lane. There was a red ford dodge parked on the fast lane because they had no gas, car behind him realizes he's about to smash into parked car, swerves into my lane, I'm forced to swerve into the wall (the bridge had no shoulders on either side). I lose control of the car but no one hits me. My question is: could I potentially get the parked car to pay for damages on my car, or at least pay for the towing? I feel like they were pretty reckless and stupid to get on a bridge with no gas and on top of that, park it on the fast lane. Man, that sucks. For what it's worth, being parked on a bridge is indeed not allowed (Section 22500 of the California Vehicle Code). As for how that translates to you getting money based on his stupidity, that's more complicated. Have you filed an insurance claim? Your adjuster could tell you what they will and will not cover. Potentially irrelevant but interesting side-note: There is currently legislation advancing in Wisconsin that would create a so-called "phantom motor vehicle," which is one that causes a crash without actually touching the other car. Under this new law, damages to an insured car caused by some numbskull could be claimed against the victimized driver's uninsured motorist coverage. It's designed to account for exactly this sort of thing, where some idiot causes a wreck without actually being in one. I am not familiar with California law beyond what cursory searches can yield, so I don't know if you have anything like this available to you. But your insurance adjuster would know (not that they're known for jumping at the chance to pay out for repairs). What was your financial loss in all this? How badly was the car damaged? Just curious. Wyatt fucked around with this message at 19:14 on Jan 27, 2011 |
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Jan 27, 2011 18:56
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Wyatt posted:"I would imagine..." followed by "IANAL." lol, whatever. So I wasn't necessarily wrong, I just didn't word things as absolute and disclosed my opinion was not legal advice? Sounds crrrrrazy.
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Jan 27, 2011 19:05
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ChubbyEmoBabe posted:lol, whatever. So I wasn't necessarily wrong, I just didn't word things as absolute and disclosed my opinion was not legal advice? Sounds crrrrrazy. It's the fact that you are guessing about legal issues when you have no legal training, in a thread full of actual licensed lawyers.
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Jan 27, 2011 19:12
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Incredulous Red posted:And we've spotted the new, marginally less insane Pookie He/she has been doing this, in this thread, for a while now. Legal experience: once attempted to contest a traffic ticket. Wyatt posted:Potentially irrelevant but interesting side-note: There is currently legislation advancing in Wisconsin that would create a so-called "phantom motor vehicle," which is one that causes a crash without actually touching the other car. Under this new law, damages to an insured car caused by some numbskull could be claimed against the victimized driver's uninsured motorist coverage. It's designed to account for exactly this sort of thing, where some idiot causes a wreck without actually being in one. I am not familiar with California law beyond what cursory searches can yield, so I don't know if you have anything like this available to you. But your insurance adjuster would know (not that they're known for jumping at the chance to pay out for repairs). That's pretty interesting, but it seems hard to prove. At least in Texas, I've seen cases of faulty evasion where it almost seems like the victim would have been better off just taking the hit, since it would usually stop the at-fault car. TheBestDeception fucked around with this message at 19:19 on Jan 27, 2011 |
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Jan 27, 2011 19:14
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TheBestDeception posted:That's pretty interesting, but it seems hard to prove. At least in Texas, I've seen cases of faulty evasion where it almost seems like the victim would have been better off just taking the hit, since it would usually stop the at-fault car. Yeah I'll be interested to see it in action. I have a feeling this is a result of multi-car pileups, which we seem to have a lot of during the winter. And it'll be 10 cars all tangled together because of some yahoo who doesn't even get hit and continues on their merry way.
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Jan 27, 2011 19:34
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Maximusi posted:I have a legal question involving a car accident. I live in the bay area in California and this occurred on the Dumbarton bridge. I was in the middle lane. There was a red ford dodge parked on the fast lane because they had no gas, car behind him realizes he's about to smash into parked car, swerves into my lane, I'm forced to swerve into the wall (the bridge had no shoulders on either side). I lose control of the car but no one hits me. My question is: could I potentially get the parked car to pay for damages on my car, or at least pay for the towing? I feel like they were pretty reckless and stupid to get on a bridge with no gas and on top of that, park it on the fast lane. Talk to a lawyer about bringing a standard negligence claim. A driver has a duty to not put other drivers in danger, and this knucklehead (potentially) breached that duty, thus proximately causing you injury.
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Jan 27, 2011 22:39
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TheBestDeception posted:He/she has been doing this, in this thread, for a while now. Legal experience: once attempted to contest a traffic ticket. Winning his case with his "crazy" ways, I have to add. I think it's all about the winning than by losing in a more approved way.
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Jan 28, 2011 02:47
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I should've taken some pictures. Well amazingly, the side of the car wasn't scratched, but both tires on the side are done. A chunk of the front right rim broke off (kind of crazy. I mean that's solid metal). Probably will have to replace the other rim as well, and the axle might be bent. I think the brake line was cut as well. Guy at the shop said we'd have to replace the suspensions underneath too. They're going to do a full appraisal on monday. The police offered to file a report, but warned me that I'd probably get a point off my license or something because nobody hit me. So, I just decided not to file one. Maybe it's not even worth getting a lawyer.
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Jan 28, 2011 06:56
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