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Incredulous Red
Mar 25, 2008

Direwolf posted:

Rent related issue.

I moved to Chicago for law school in September, along with a random guy from facebook who was going to the same school. He dropped out in the first week, moved back to Arkansas, and paid rent until December, at which point he stopped paying rent. Last month (January), the landlord had me pay $400 of his $900 rent while I looked for a roommate, but in February I will have to start paying the full amount or face eviction.

Can I sue my roommate for his half of the rent? I don't know if the joint and separate thing about leases defeats that, but I figure I signed the lease relying on his paying half (actually a little more than half as he had the big room). I'm only a 1L though so I don't trust my own judgment/experience. I'll be bankrupt by next month if he doesn't pay his share, and he hasn't found a replacement roommate (neither have I, though I only found out recently he hadn't been paying/looking and so I haven't been looking very long).

First lesson of lawyering:

What does the lease say about who owes what?

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Direwolf
Aug 16, 2004
Fwar

Incredulous Red posted:

First lesson of lawyering:

What does the lease say about who owes what?

Lease doesn't lay out terms of who pays what rent, just says we're both liable. We made a separate agreement to pay the 850/950 rent split.

usually
Sep 9, 2004

e

usually fucked around with this message at 15:40 on Feb 21, 2012

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Feces Starship posted:

They might have been other attorneys, or clerks if the attorney was with a firm. I cannot imagine that a company would bother sending muscle to intimidate a kid suing them in small claims court.
On that note, how many attorneys look like huge neckless goons?

Feces Starship
Nov 11, 2008

in the great green room
goodnight moon

ShadowHawk posted:

On that note, how many attorneys look like huge neckless goons?

i am literally shaped like one of the mooninites and if you get back to me in a year i'll qualify

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

ShadowHawk posted:

On that note, how many attorneys look like huge neckless goons?

I can think of at least two goons that qualify; three if you count my headshot (which looks like I have no neck). If you just are limiting in general to attorneys and not specifically goons --- lots.

Alchenar
Apr 9, 2008

ShadowHawk posted:

On that note, how many attorneys look like huge neckless goons?

You realise that reality is not a hollywood tv show and doesn't cast people into jobs due to physical stereotype?

baquerd
Jul 2, 2007

by FactsAreUseless

Alchenar posted:

You realise that reality is not a hollywood tv show and doesn't cast people into jobs due to physical stereotype?

Actually there is a strong correlation between physical appearance and attributes and job. You don't see many short, soft spoken, and ugly lawyers for example because success at influencing people (e.g. the jury) is directly correlated.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

baquerd posted:

Actually there is a strong correlation between physical appearance and attributes and job. You don't see many short, soft spoken, and ugly lawyers for example because success at influencing people (e.g. the jury) is directly correlated.

I don't know what you're talking about -- I see lots of short, soft spoken, ugly lawyers.

baquerd
Jul 2, 2007

by FactsAreUseless

SWATJester posted:

I don't know what you're talking about -- I see lots of short, soft spoken, ugly lawyers.

Serving as a primary trial lawyer?

Loopyface
Mar 22, 2003

baquerd posted:

Serving as a primary trial lawyer?

Yes, very often.

baquerd
Jul 2, 2007

by FactsAreUseless
So is your claim that a quiet, fat, not pleasing to look at lawyer is just as good at swaying a jury or that they practice anyway despite their disadvantage?

Feces Starship
Nov 11, 2008

in the great green room
goodnight moon

baquerd posted:

So is your claim that a quiet, fat, not pleasing to look at lawyer is just as good at swaying a jury or that they practice anyway despite their disadvantage?

no but I would claim that the profession is not some hyper-efficient free market system where any physical characteristic constituting a vocational disadvantage results in instant disintegration of the host

Jesus Christ are we really debating whether some lawyers are big and some are small? YES IS THE ANSWER

entris
Oct 22, 2008

by Y Kant Ozma Post

baquerd posted:

So is your claim that a quiet, fat, not pleasing to look at lawyer is just as good at swaying a jury or that they practice anyway despite their disadvantage?

You're the one who is claiming that ugly lawyers rarely serve as primary counsel at trial, you come up with some data other than your armchair theorizing. Because we can go back and forth all day just relying on our personal experiences, but that would just be anecdotes.

Are you a lawyer? How often do you see actual trial lawyers doing their thing in court? From my experience attending court, I've seen attorneys in all shapes and sizes so I'm inclined to think that you don't know what you're talking about.

I'm sure good-looking lawyers can get a slight edge with a jury, but there are plenty of "ugly" lawyers trying cases, at least from what I've seen.

Feces Starship
Nov 11, 2008

in the great green room
goodnight moon
Hey guys I have comited horible tort and i may loose my house but my question is - is lawyer is too big???

plz respond

EIDT: ok fired lawyer but is new lawyer to small?!?!!! is VERY small!!!!

Feces Starship fucked around with this message at 13:37 on Feb 2, 2011

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester
Legal Questions Mega-Whammo 2.0: ok fired lawyer but is new lawyer to small?!?!!!

Loopyface
Mar 22, 2003

baquerd posted:

So is your claim that a quiet, fat, not pleasing to look at lawyer is just as good at swaying a jury or that they practice anyway despite their disadvantage?

Are you retarded? No one said anything close to that.

Incredulous Red
Mar 25, 2008

There's a midget trial lawyer in Los Angeles. He has a reputation for getting really excited and jumping up on his chair in court (not joking)

fordan
Mar 9, 2009

Clue: Zero
E: No response in several pages, so no point leaving personal information here.

fordan fucked around with this message at 15:49 on Feb 10, 2011

chemosh6969
Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

I am in fact a massive asswagon.
Do not let me touch computer.

Incredulous Red posted:

There's a midget trial lawyer in Los Angeles. He has a reputation for getting really excited and jumping up on his chair in court (not joking)

So he also acts as court jester?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

baquerd posted:

So is your claim that a quiet, fat, not pleasing to look at lawyer is just as good at swaying a jury or that they practice anyway despite their disadvantage?
Yes, the best trial attorney I know, who does (and wins) a lot of DP and other serious cases, isn't exactly pretty. Seriously, if I get charged with a crime, i will be calling him and paying him a small fortune.

Certainly being handsome and tall doesn't hurt (I'm the latter), but there is much, much more to a jury trial than looking pretty.

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Direwolf posted:

Can I sue my roommate for his half of the rent? I don't know if the joint and separate thing about leases defeats that, but I figure I signed the lease relying on his paying half (actually a little more than half as he had the big room). I'm only a 1L though so I don't trust my own judgment/experience. I'll be bankrupt by next month if he doesn't pay his share, and he hasn't found a replacement roommate (neither have I, though I only found out recently he hadn't been paying/looking and so I haven't been looking very long).
Yes, you can. Your landlord can also sue you.

Mr.Almighty
Feb 8, 2007

by angerbeet
I got arrested on Tuesday night for misdemeanor obstruction of a police officer and disorderly conduct. I've had a few misdemeanor charges in my past (two DUIS and a possession of marijuana charge). This was in the state of Georgia. How serious will this offense be?

Wyatt
Jul 7, 2009

NOOOOOOOOOO.

Mr.Almighty posted:

I got arrested on Tuesday night for misdemeanor obstruction of a police officer and disorderly conduct. I've had a few misdemeanor charges in my past (two DUIS and a possession of marijuana charge). This was in the state of Georgia. How serious will this offense be?

The severity of the punishment will depend on a lot of things, from the exact circumstances of the crimes, to how the judge views your record. But just for reference, the maximum penalty for misdemeanors in Georgia is $1,000 and/or 12 months. O.C.G.A. § 17-10-3.

waitaminute
Oct 16, 2009
Counting this awesome title, my friend only owes me 25.05 now. And I won't let that nickle slide either.
I live in New Hampshire, and I am an absolute idiot regarding anything having to do with lawsuits. I would like to know if my ex has a valid enough reason to take me to court.

We shared a phone bill for quite some time, and it was in her name. I was paying for my phone's share of the bill - until I didn't have a job anymore. I told her I'd get around to paying it, and never did, until eventually the contract was up and she had a big bill to pay. Now I'm working (I wasn't for a long time), barely making any spare money, but she's demanding a large portion of the final amount that she ended up paying. She claims she will take me to court over it, and she is in Nevada now.
So first off, how would this even work, taking me to court from over half the country away? Could she do something wacky like have the hearing or trial or whatever (like I said, I'm an idiot) in Nevada, which I obviously wouldn't show up for, thereby meaning I'm boned?
Or does she have a case at ALL, since the phone bill was not in my name, not even a little? I believe there's also no paperwork about what month I stopped paying her, we would do a simple money exchange with nothing in writing. It may be difficult or impossible to determine what, if any, I owe.

Hopefully this is enough information while being not too much. And thanks a lot to anyone with help.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Mr.Almighty posted:

I got arrested on Tuesday night for misdemeanor obstruction of a police officer and disorderly conduct. I've had a few misdemeanor charges in my past (two DUIS and a possession of marijuana charge). This was in the state of Georgia. How serious will this offense be?
You need a lawyer

Incredulous Red
Mar 25, 2008

waitaminute posted:

I live in New Hampshire, and I am an absolute idiot regarding anything having to do with lawsuits. I would like to know if my ex has a valid enough reason to take me to court.

We shared a phone bill for quite some time, and it was in her name. I was paying for my phone's share of the bill - until I didn't have a job anymore. I told her I'd get around to paying it, and never did, until eventually the contract was up and she had a big bill to pay. Now I'm working (I wasn't for a long time), barely making any spare money, but she's demanding a large portion of the final amount that she ended up paying. She claims she will take me to court over it, and she is in Nevada now.
So first off, how would this even work, taking me to court from over half the country away? Could she do something wacky like have the hearing or trial or whatever (like I said, I'm an idiot) in Nevada, which I obviously wouldn't show up for, thereby meaning I'm boned?
Or does she have a case at ALL, since the phone bill was not in my name, not even a little? I believe there's also no paperwork about what month I stopped paying her, we would do a simple money exchange with nothing in writing. It may be difficult or impossible to determine what, if any, I owe.

Hopefully this is enough information while being not too much. And thanks a lot to anyone with help.

How much money are we talking about here? I really doubt that Nevada courts could exercise jurisdiction over you.

waitaminute
Oct 16, 2009
Counting this awesome title, my friend only owes me 25.05 now. And I won't let that nickle slide either.

Incredulous Red posted:

How much money are we talking about here? I really doubt that Nevada courts could exercise jurisdiction over you.

I would owe around 500 dollars.
Or no, maybe less. It depends on when her mother's phone came off the bill, if it ever did. She hasn't told me exact figures because I'm not sure she could even come up with them herself, I don't think she kept track of when my last payment was. She would be trying to go at this with nothing in writing, other than a bill in her name.

Just in case you guys don't want to help me for being a piece of poo poo, I have said in our conversation that I do want to pay her, it's just simply not financially possible right now for me. She wants it sooner than I can give it to her. Which is fair, but if I haven't broken a law then I want to do this repayment at my own pace, not whatever a court decides, and whatever amount the court decides is fair.

waitaminute fucked around with this message at 05:41 on Feb 5, 2011

Halisnacks
Jul 18, 2009
Okay so this will be one of the stupider questions in the thread. I'm applying for a passport and need a guarantor for my identity, but it has to be someone in my country of residence. I am not currently in my country of residence and won't be for sometime. So I've filled out the forms and was planning on mailing them home where my guarantor could sign them, but it says the guarantor needs to have witnessed me signing them. I don't want to try pushing my luck (and neither would my guarantor, I imagine) because if they find out we lied, I might be barred from getting this particular passport. So my question is: if the guarantor saw me filling in and signing the form, say, via Skype, would it be a lie if they then signed saying they witnessed my signature? Would that hold up or am I just SOL until I am back in my home country?

Queen Elizatits
May 3, 2005

Haven't you heard?
MARATHONS ARE HARD
I am sure it depends on what country you are talking about but I know Canada for example the form is worded that the guarantor needs to witness you signing it in person. I had to renew my Canadian passport a little while back and ran into the same problem you did.

kalonji
Feb 28, 2010
Have! It's `could have' not `could of', dipshit

Halisnacks posted:

Okay so this will be one of the stupider questions in the thread. I'm applying for a passport and need a guarantor for my identity, but it has to be someone in my country of residence. I am not currently in my country of residence and won't be for sometime. So I've filled out the forms and was planning on mailing them home where my guarantor could sign them, but it says the guarantor needs to have witnessed me signing them. I don't want to try pushing my luck (and neither would my guarantor, I imagine) because if they find out we lied, I might be barred from getting this particular passport. So my question is: if the guarantor saw me filling in and signing the form, say, via Skype, would it be a lie if they then signed saying they witnessed my signature? Would that hold up or am I just SOL until I am back in my home country?

Just get your family doctor ( or paediatrician) to sign for you.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

Robo Olga posted:

I am sure it depends on what country you are talking about but I know Canada for example the form is worded that the guarantor needs to witness you signing it in person. I had to renew my Canadian passport a little while back and ran into the same problem you did.

You no longer need guarantors for a renewal in Canada, just two references. The new renewal process is awesome, really - Show up with your old passport, pictures, the fee, and the completed form. Bing, bang, poof, new passport the next week.

kalonji posted:

Just get your family doctor ( or paediatrician) to sign for you.

I understood that he needed someone from a country he wasn't currently in, that would make it difficult to do that.

waitaminute
Oct 16, 2009
Counting this awesome title, my friend only owes me 25.05 now. And I won't let that nickle slide either.

Incredulous Red posted:

How much money are we talking about here? I really doubt that Nevada courts could exercise jurisdiction over you.

Sorry I know I'm not really doubleposting but it kind of feels like it.. If this were the case, then nothing could come of it, right? Maybe just a hearing without me there, with a judge pretty much saying "eh, screw it" or am I way way off, and they would be making the decisions way over in NV without me being present to defend myself?

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.

waitaminute posted:

Sorry I know I'm not really doubleposting but it kind of feels like it.. If this were the case, then nothing could come of it, right? Maybe just a hearing without me there, with a judge pretty much saying "eh, screw it" or am I way way off, and they would be making the decisions way over in NV without me being present to defend myself?

Broad generalizations, of course, but I would never, EVER bank on the court dealing with a jurisdictional issue on its own initiative. Protecting YOUR interests is YOUR responsibility, and the average judge has too many things going on to do it for you.

Say you believe jurisdiction in Nevada is inappropriate and you just chuck the summons & complaint in the mail and trust things will work themselves out to your favor. The most likely result is that you'd get a default judgment entered against you, because no one as there to raise the jurisdictional issue on your behalf.

waitaminute
Oct 16, 2009
Counting this awesome title, my friend only owes me 25.05 now. And I won't let that nickle slide either.

Alaemon posted:

Broad generalizations, of course, but I would never, EVER bank on the court dealing with a jurisdictional issue on its own initiative. Protecting YOUR interests is YOUR responsibility, and the average judge has too many things going on to do it for you.

Say you believe jurisdiction in Nevada is inappropriate and you just chuck the summons & complaint in the mail and trust things will work themselves out to your favor. The most likely result is that you'd get a default judgment entered against you, because no one as there to raise the jurisdictional issue on your behalf.
So.. you may have to break this down into legal idiot language but let's see if I can follow.. There is a chance that I will have to get myself to Nevada, or else the whole thing could just all go down without me or any input on my defense (probably harming me even more since she can say whatever the hell she wants)? The court COULD bring up the fact that I'm not within their jurisdiction, but odds are decent that they won't care about any of that and just go through with it anyway? Is there a way I could simply send some bare-bones information on my behalf, something like "there is nothing in writing about me being obligated to pay anything", or would that be completely impossible without me there, in person? I'm sorry for being so stupid about it and anyone who has helped me out about this has already become my favorite poster. Thanks so munch.

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.
Before you buy a plane ticket, there are a number of things that have to happen first. Namely, that a lawsuit be filed in Nevada, that you receive proper service of process, etc. So you're really raising issues that are several steps down the line. The only reason I'm even comfortable discussing this is because we're dealing SO hypothetically at this point that it's not really setting off my "legal advice" radar in a big way.

Incredulous said, "Nevada might not have jurisdiction over you."

To which you replied:

quote:

If this were the case, then nothing could come of it, right?

I replied that I wouldn't advise relying on that. Even if jurisdiction is inappropriate, it is entirely YOUR JOB (or the job of someone on your behalf) to assert that as a defense. Asking what the court COULD do in this scenario is meaningless -- even if it's technically within the power of the court, you'd be better off wishing on a star or playing the lottery. It's like if you're having a heart attack and you just go sit in your front yard and hope a doctor wanders near -- technically possible, but I'd call 911.

Now, when you ask about sending bare-bones information like "I never agreed in writing" is where the legal advice radar starts to ping.

IF you get sued and IF you get served THEN consult with a lawyer before sending ANY kind of response to the court. Even if you think "I never agreed in writing" is harmless, you could be waiving defenses without realizing it.

I think your worries are largely premature, however. Wait until you're holding a summons before you start worrying about the answer.

Its CRAZY LEGS!
May 30, 2007
aka. tweak
Long story short: Contracted some repair work from a handyman for a house I'm working on. The total job was supposed to be for $650. I gave him a down payment of $320. A week later he says he cant do the job and hes refunding the money and after that I never hear from him again besides a text message telling me to "stay in school" and followed up by "1-800-DEEZ-N". I have a signed contract by him and text messages saved with him specifically stating the amount he owes me.

I'm in Pittsburgh and have started filing papers to take him to small claims court at the local magisterial district but it seems like a waste of time. Then even if I feel like I would have trouble ever collecting The amount is so small and apparently its extremely easy to just appeal the case and bring it to the court of common pleas in which case I would just have to give up.

At this point I'm mostly motivated by my desire to screw this guy over. If I could destroy his credit if he loses the case and decides not to pay me back it would probably be worth it to me but I don't really understand how the process after the case works.

I was also wondering if there is any way I could pursue this case criminally. He clearly intentionally stole money from me... in my mind it seems like this should be able to be prosecuted in criminal court.

Should I just take my loss and move on? Do I have any reasonable method for either screwing him over or collecting my money back? Any input would be appreciated.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Its CRAZY LEGS! posted:

Long story short: Contracted some repair work from a handyman for a house I'm working on. The total job was supposed to be for $650. I gave him a down payment of $320. A week later he says he cant do the job and hes refunding the money and after that I never hear from him again besides a text message telling me to "stay in school" and followed up by "1-800-DEEZ-N". I have a signed contract by him and text messages saved with him specifically stating the amount he owes me.

I'm in Pittsburgh and have started filing papers to take him to small claims court at the local magisterial district but it seems like a waste of time. Then even if I feel like I would have trouble ever collecting The amount is so small and apparently its extremely easy to just appeal the case and bring it to the court of common pleas in which case I would just have to give up.

At this point I'm mostly motivated by my desire to screw this guy over. If I could destroy his credit if he loses the case and decides not to pay me back it would probably be worth it to me but I don't really understand how the process after the case works.

I was also wondering if there is any way I could pursue this case criminally. He clearly intentionally stole money from me... in my mind it seems like this should be able to be prosecuted in criminal court.

Should I just take my loss and move on? Do I have any reasonable method for either screwing him over or collecting my money back? Any input would be appreciated.

If you were in Maryland I'd totally take your case pro bono if only to be able to write 1800-DEEZ-NUTS in a complaint. (I'd also sign the demand letter " <3 SWATJester, Esq. Stay in school, bitch! ")

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
Here is an interesting hypothetical question. In another thread, this was posted:

Cat rear end Trophy posted:

Our family dog started getting credit card applications under her name. On a whim, one of my brothers sent one back. Included in the applicaion was her true age (6) and her true income ($0) Despite that, she got a card with a $2000 dollar limit and no co-sign. The dog used her card at the vet and pet supply stores, and paid her bill in full each month.

Within months she is getting applications from Amex, Chase, and B of A cards. Then the home loan applications start. And the checking and savings accounts, IRA's and brokerage accounts. How could she say no? By the time she died at the age of 14, she had a credit rating of 710 and a total credit line of around $30,000. And yes, she was summoned for jury duty several times over the years.

There was a problem closing her accounts, though. A death certificate was required. Our vet, who was a good sport about letting the dog use her own credit card modified a euthinesia report to look line a death certificate.

RIP Marge, you were the best of dogs, and quite fiscally responsible.

If the owner was to stop paying on the credit cards, how would the company try to get the money back? Can you sue a dog? Assuming that the owner was 100% truthful on all the forms, and used the classic "paw print" signature, would he still be liable for fraud? I'm willing to bet that before the bubble burst the dog would probably have been able to get a NINA loan as well.

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Its CRAZY LEGS!
May 30, 2007
aka. tweak

SWATJester posted:

If you were in Maryland I'd totally take your case pro bono if only to be able to write 1800-DEEZ-NUTS in a complaint. (I'd also sign the demand letter " <3 SWATJester, Esq. Stay in school, bitch! ")

I'm pretty excited myself at the prospect of presenting this as evidence in court.

Further pro bono offers are certainly welcome!

Its CRAZY LEGS! fucked around with this message at 22:06 on Feb 6, 2011

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