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LLJKSiLk posted:RE: http://en.wikipedia.org/wiki/Consent_%28BDSM%29 Just a heads up if you have to ask "is this rape" you should probably have more than a wikipedia article in your back pocket before going forward Also just some light reading to fill the time before you're asking where to find a good defense lawyer in your state
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Mar 5, 2011 16:53
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Hi, I have question regarding a landlord allowing service workers into my apartment. This is in Florida. I am a full time grad student so pretty much when I'm not on campus, I'm at home doing homework. My husband and I live alone and tend to walk around naked or near-naked pretty much all the time. I wrote an e-mail to my leasing office describing an incident that occurred earlier this week, which sums up the situation: "Hi, today when pest control stopped by, they were let into our apartment when I was not dressed and my husband was not home. I did not hear the knock on the door. This is distressing for obvious reasons. In the future, if no one answers our door, can you please contact us to reschedule? We live in [building/apt number]." Their response: "Hey [name], We apologize for your distress. We do pest control every Tuesday between the hours of 8:00 am to 11:00 am, and no other time. We are sorry for the inconvenience that this may have caused you. Thank You, [name]" While they might do pest control every Tuesday between those times, they do not enter our apartment every Tuesday. We've lived here since June and this is the second time they've come in to do pest control, and the first time they came, it was at our specific request. There were no notices put up and I was not informed that anyone would be coming in. I looked at our lease, and it says: PERMIT OWNER TO ENTER. Owner or its agents shall have the right at all reasonable times to enter the apartment to show it to prospective renters or purchasers, to make inspections, to perform necessary maintenance or repairs, or for the benefit or welfare of the premises. I don't want to sue for damages or anything like that, I just want to be notified if someone will be entering my apartment. I'd rather not send a threatening e-mail in return, since I actually really like living here and the leasing office has been pretty awesome and accommodating so far. Does anyone have any advice other than not walking around naked?
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Mar 6, 2011 05:44
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They have to give you 12 hours notice before they enter, every time. I don't think it is sufficient for them to say "We might come on some random Tuesdays" but if they do give the 12 hours notice then they can come in without your consent. Relevant statute is here.
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Mar 6, 2011 07:47
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Konstantin posted:They have to give you 12 hours notice before they enter, every time. I don't think it is sufficient for them to say "We might come on some random Tuesdays" but if they do give the 12 hours notice then they can come in without your consent. Relevant statute is here. Thanks! This is helpful, but I guess the next question is, how do I tactfully ask for this without coming off like I'm threatening? The leasing office is usually really great and I don't want to ruin the relationship since they gave us a crazy discount on the apartment and waived a bunch of fees. There's a good chance we'd like to renew for another year and we'd like to have the same terms, and I'm afraid if I start citing statutes they might raise our rent to standard next time or something.
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Mar 6, 2011 22:38
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Lovelyn posted:Thanks! This is helpful, but I guess the next question is, how do I tactfully ask for this without coming off like I'm threatening? The leasing office is usually really great and I don't want to ruin the relationship since they gave us a crazy discount on the apartment and waived a bunch of fees. There's a good chance we'd like to renew for another year and we'd like to have the same terms, and I'm afraid if I start citing statutes they might raise our rent to standard next time or something. Well it's Florida, so you can always go with the "Next time a strange man walks in on me naked someone is going to get shot" approach. Except you know, make it sound nicer.
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Mar 6, 2011 22:41
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I just want to know about your practice if you're doing personal injury. Do you impose a quantum meruit lien on your files when a client terminates you?
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Mar 7, 2011 00:37
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VA: I was a member of a gym that was in my apartment. I was on contract, and I was autobilled during the time I was a member. I cancelled in-person when I moved, or so I thought. On Friday, I received a phonecall from a collections agency saying that I owed them something along the lines of $500 for my membership. I explained that I paid the cancellation in person. The collections agent responded that per my contract in order to cancel, I needed to have sent a check by certified mail. I told her to mail me, and that I'd look for the letter and cancelled check. This weekend, I looked, but apparently I never sent the letter. Instead, on August 18, 2009, I went with my wife to cancel in-person, and was told there was a $50 cancellation fee, which we paid by credit card. We continued to be billed the next two billing cycles: we paid the last cycle on October 5, 2009 (just pulled the billing statements online). At this point, I'd like for this to go away without dealing with credit reporting, obviously. I'd also like to not give them $500. How can I make them gently caress off, or, at the very least, sue me before they report to credit agencies? Should I threaten a countersuit for the two months that I was charged post-cancellation? Should I contact BBB or alternatively my state AG? From what I remember of Contracts in law school, I'm fairly sure that when the manager took my money to cancel in-store, that that served as a modification of the contract as the manager clearly has apparent authority to act on behalf of the company, given that the manager is the one that does the sign-up contract in the first place, so I think I'd win on the "do I owe them money" question. edit: Assuming I never cancelled and that I'm still under contract today, I'd owe roughly $2516 as of today. WhiskeyJuvenile fucked around with this message at 01:25 on Mar 7, 2011 |
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Mar 7, 2011 01:12
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Baruch Obamawitz posted:Have you called your landlord? Usually the person who sells the debt to the collections agency has authority to call the collections agency and cancel it. That's what happened when I accidentally received a double bill from a hospital and the unpaid one went to collections. If that fails, threaten to sue their rear end for credit fraud. It's a biiiigggg civil fine if they erroneously do anything to gently caress up your credit score. Of course that's more practical advice than legal advice 'cause I don't know anything about anything.
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Mar 7, 2011 01:52
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BigHead posted:Have you called your landlord? Usually the person who sells the debt to the collections agency has authority to call the collections agency and cancel it. That's what happened when I accidentally received a double bill from a hospital and the unpaid one went to collections. If that fails, threaten to sue their rear end for credit fraud. It's a biiiigggg civil fine if they erroneously do anything to gently caress up your credit score. Of course that's more practical advice than legal advice 'cause I don't know anything about anything. I had a gym membership with a gym, my contract explicitly stated "If we go out of business at this street address, your membership is cancelled." They went out of business, the company which handled their payment plan sent me to collections after I refused to accept their alternative gyms provided which were 25-30 miles away from my home and 4/5 of which were women only gyms, the only other one was in the middle of the ghetto. I went to the BBB (both mine, and their state's) and contacted the consumer agencies of both my state and theirs attorney general office. They took care of it after that.
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Mar 7, 2011 02:28
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Kalimar posted:I just want to know about your practice if you're doing personal injury. Do you impose a quantum meruit lien on your files when a client terminates you? Yes. That's why I always track my billable hours, even on contingency fee cases.
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Mar 7, 2011 02:30
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BigHead posted:Have you called your landlord? Usually the person who sells the debt to the collections agency has authority to call the collections agency and cancel it. That's what happened when I accidentally received a double bill from a hospital and the unpaid one went to collections. If that fails, threaten to sue their rear end for credit fraud. It's a biiiigggg civil fine if they erroneously do anything to gently caress up your credit score. Of course that's more practical advice than legal advice 'cause I don't know anything about anything. Funny story: apparently the gym is owned by the collection company. Apparently goes to show how their billing operations work...
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Mar 7, 2011 04:38
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Kalimar posted:I just want to know about your practice if you're doing personal injury. Do you impose a quantum meruit lien on your files when a client terminates you? We do some (about 10% of the overall practice) in PI-type stuff. As with most things, the answer is "sometimes." I imagine that firms that do much more PI apply the lien more frequently, but I also imagine that it's a total pain in the rear end to keep track of and follow through on. We've taken cases where prior counsel has asserted the lien. I have negotiated the lien away in at least one of those cases, as the prior attorney had usually done something seriously wrong (i.e., probably malpractice) before the client fired them.
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Mar 7, 2011 14:06
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Baruch Obamawitz posted:Funny story: apparently the gym is owned by the collection company. That's freakin' genius. Imagine how many loop holes and extra fees a collection agency can think up to attach to that kind of contract.
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Mar 7, 2011 19:06
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Baruch Obamawitz posted:Funny story: apparently the gym is owned by the collection company. This is the greatest idea I've ever heard of. Holy crap. Genius.
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Mar 7, 2011 22:17
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BigHead posted:That's freakin' genius. Imagine how many loop holes and extra fees a collection agency can think up to attach to that kind of contract. Yeah. I still think they're screwed by their manager, though.
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Mar 8, 2011 00:16
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Can a minor's student loan contract be disaffirmed in Washington state? I'm having a hard time finding an answer one way or the other for WA specifically, but I don't see any exceptions for loans or even necessaries in the RCW. I'm not quite sure how much of a slog this'll be if I pursue it ("...or from his having engaged in business as an adult, the other party had good reasons to believe the minor capable of contracting" looks pretty contentious), but I'd like to see if it's even a possibility because it looks like I only have a couple months to follow through with this. Pretty sure they were taken out at 14 and nobody ever co-signed on them. edit: or does that clause refer to misrepresentation of age? Srebrenica Surprise fucked around with this message at 02:15 on Mar 8, 2011 |
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Mar 8, 2011 02:06
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Srebrenica Surprise posted:Can a minor's student loan contract be disaffirmed in Washington state? I'm having a hard time finding an answer one way or the other for WA specifically, but I don't see any exceptions for loans or even necessaries in the RCW. I'm not quite sure how much of a slog this'll be if I pursue it ("...or from his having engaged in business as an adult, the other party had good reasons to believe the minor capable of contracting" looks pretty contentious), but I'd like to see if it's even a possibility because it looks like I only have a couple months to follow through with this. Pretty sure they were taken out at 14 and nobody ever co-signed on them. A lender granted student loans to a 14 year old minor with no co-signee? A) What could a 14 year old even need student loans for? B) How did he get them without providing his SSN, DOB, etc? C) How old is he now? D) How long ago is this? E) It's implied in (b) but adding this in case it wasn't clear -- what age did he claim to be on the forms? F) what is your relationship to the lender/lendee?
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Mar 8, 2011 02:41
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Sorry, I have a really terrible habit of using passive voice. It's me, and all that information was provided entirely accurately - looking back I'm pretty surprised I got them too, but I doubt I can waive them on the basis of probability. As far as I can tell, the accepted cutoff seems to be two years after age of majority for pursuing this, and I'm turning 20 relatively soon.
Srebrenica Surprise fucked around with this message at 03:51 on Mar 8, 2011 |
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Mar 8, 2011 03:42
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Srebrenica Surprise posted:Sorry, I have a really terrible habit of using passive voice. It's me, and all that information was provided entirely accurately - looking back I'm pretty surprised I got them too, but I doubt I can waive them on the basis of probability. As far as I can tell, the accepted cutoff seems to be two years after age of majority for pursuing this, and I'm turning 20 relatively soon. In my state, and many others, if you signed the contract as a minor, and upon reaching the age of majority do not disaffirm the contract within a reasonable amount of time (you're not likely to get two years, probably more like months), you're considered to have ratified the contract as an adult and it will be held binding on you. It won't be voided ab initio because you received the benefit of the contract. -e- Washington you say? RCW § 26.28.030, et seq. Contracts for necessities bind minors, other contracts are valid unless disaffirmed within a reasonable time of reaching majority. Furthermore you may have to pay restitution. Leif. fucked around with this message at 06:22 on Mar 8, 2011 |
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Mar 8, 2011 06:15
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Yeah, I'm not sure where I got the two year figure from but looking around further that seems to be way longer than what is commonly defined as "reasonable" (I'm not surprised). Thanks for the help!
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Mar 8, 2011 06:28
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Kalimar posted:I just want to know about your practice if you're doing personal injury. Do you impose a quantum meruit lien on your files when a client terminates you?
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Mar 8, 2011 06:51
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IIRC my father's PI/WC/SSD firm did/does this.
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Mar 8, 2011 07:01
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PA unemployment compensation. Initially I was denied benefits for willful misconduct. However the employer never responded to the initial claims form. I timely appealed the initial determination, and had a hearing scheduled before a referee. The employer again did not show up to the referee's hearing. The referee reversed the initial determination because the burden of proof was not met by the employer. The finding of facts supported that my actions did not constitute willful misconduct. The employer then petitioned for appeal to the UC board of review. Since the UC board does not conduct de novo hearings can the employer at this stage attempt to establish a prima facie case when they've already had ample opportunity? They haven't responded at all, and now want to appeal to the board of review. Additionally the petition was filed by a non attorney, and didn't list specific grounds for appeal other then "we disagree with the decision". I'm a senior in a prelaw program, and searching through lexisnexus I actually haven't found any cases in which an employer failed to respond until the final appellate stage.
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Mar 8, 2011 07:52
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Question for Australians.. I recently found out in a background check report that I have an offence on my record and was convicted in may last year. I had no idea I was supposed to show up for court, so I wasn't there to defend myself, and now i'm wondering what I can do now to appeal this. Also any information on free legal advice would be much appreciated.
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Mar 8, 2011 08:23
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OK I live in Los Angeles, California and I searched for my deceased dads name in an unclaimed money database, his name came up for nearly $3000. The address listed sounds familiar, it is for an escrow check. My dad kept poor records, and did not leave a will so getting documentation is a bitch. I do have a stack of documents from California Western Escrow but for another property he was looking at. I went to the escrow office and they laughed me out of the office, they didn't even want to hear what I had to say. This is what the State of California needs: quote:
b0nes fucked around with this message at 11:34 on Mar 8, 2011 |
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Mar 8, 2011 10:55
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About 4 months ago I filed a vacation of judgment with the city court on grounds that I was not properly served. The vacation of judgment was granted, but when I look up the case in public records, it appears as a post disposition, instead of a normal disposition. The status of the motion to vacate is: Granted - Index Disposed before Judge: Honorable Gary F. Stiglmeier. There is a future court appearance for July of 2011 listed with the purpose type of "conversion" not really sure what that means. Either way, can I just call the attorney representing my creditor and tell them that the judgment was vacated and offer them a settlement or something? I really don't want this poo poo on my credit report and I have the cash to pay it off, I just want to make sure I'm going through proper channels.
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Mar 9, 2011 01:31
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My stepdad had a decent injury at work (broken foot due to a fall) last week. The doctor wants him out of work for at least 6 weeks (he works retail, so he has to be mobile - sitting is not an option). He's currently on crutches with his foot in a cast. The company his employer contracts with for their "claims management" has given us an ultimatum, saying he has to provide all the medical records related to the injury by tomorrow or his workman's comp claim will be denied. The company also has a medical records release that he's already signed. Problem is, the doctor, for whatever reason, hasn't even finished his report. Again, this outside company has a signed medical records release anyway. They've been calling a couple of times a day for a couple of days, and we've been calling the doctor's office trying to get the records with no response. Probably related, a guy has been spotted sitting in his car across the street from our house twice now. The car does not fit the neighborhood at all (middle class neighborhood, brand new BMW convertible) and the guy sitting in it is usually staring right at our house, for 30+ minutes at a time. I walked outside yesterday to ask WTF and as soon as he saw me walk out of the house he tore out of here like his rear end was on fire. If I had to guess he probably hit 80+ mph before the end of the block (30 mph speed limit, lots of kids around since an elementary school is at the end of our street, and the school zone was active at the time, dropping the limit to 20 mph). I didn't get a plate unfortunately, I didn't have my glasses on, all I could see is it was a newer style Texas plate. Are the multiple phone calls/day legal, along with the badgering and threats to deny his claim if he doesn't produce records, especially when they have a signed records release? Anything we can do about Mr BMW Creepo? I did call the police to report a suspicious vehicle and told them about his driving. I haven't seen the car since, but I've noticed another car sitting a little further down the street that's very out of place, also with someone in it. Pretty much everyone in the neighborhood drives 8+ year old vehicles, brand new luxury cars are not a common sight. The employer is also trying to force him onto FMLA and trying to get him to use his sick days. He's been with them for about 10 years, and in that time has missed maybe 2 or 3 days of work, total. He's a salaried manager. This is Texas, and the employer is a decent sized multinational retailer (small stores, but lots of them). The firm that handles their work injury claims seems to be infamous for harassment and denying legitimate claims, if the internets is to be believed. randomidiot fucked around with this message at 01:43 on Mar 9, 2011 |
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Mar 9, 2011 01:39
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I posted about a DWI case earlier. Someone with a PA license was charged with a DWI and refusal in NJ. A public defender was assigned and instructed them to plead guilty to the charges. They assessed the minimums and seemingly merged the charges to serve them concurrently. Their PA license wasn't suspended, but they have a loss of NJ driving privileges for 7 months. Just a couple questions though: -Part of the sentence was a 1yr ignition interlock device. The public attorney said this wouldn't apply to them though because they have an out of state license. -The public defender also said the surcharge for reinstatement of the NJ drivers license would be $90/yr for 3yrs. Looking online, it appears as though the charge is still $1000/yr even for out of state drivers. We trust the public defender of course (especially over the internet), but want to be absolutely sure that everything he said is correct. I guess we'll find out eventually, but it'd be nice to know exactly what to expect.
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Mar 9, 2011 18:45
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some texas redneck posted:My stepdad had a decent injury at work (broken foot due to a fall) last week. The doctor wants him out of work for at least 6 weeks (he works retail, so he has to be mobile - sitting is not an option). He's currently on crutches with his foot in a cast. You stepdad should hire a workers comp attorney.
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Mar 9, 2011 20:45
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New Jersey Resident here. I work retail and was called to cover a shift at a different location than I normally work at. After I finished for the day and clocked out, my vehicle was hit by another car while still on store/mall property. No injuries. The driver admitted fault and presented his insurance card and info, with an expiration date of 7/1/11. I called my insurance on the scene, began a claim, and asked the agent if I should call police. She advised it was not necessary, since there were no injuries and the driver was admitting fault. Since I only have liability on my car, I had to also open a claim with the other driver's insurance. Apparently he was delinquent on his payments for many months and his insurance was revoked in November of last year and his card was no longer valid. My insurance has a program specifically for people in my situation, thankfully, and will cover the repair after a $500 deductible. Then the other driver will be put on collection for the repair bill and deductible. I am super poor, and only a part-time employee. The pay from my retail job will barely cover the deductible. Since I was off the clock, but still on the property of the mall where my store was located, do I have any financial recourse through my employer? I feel like I'm totally screwed for trying to be helpful to my company.
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Mar 9, 2011 22:14
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Yes. Travel to and from work is generally considered to fall under "during work" for purposes of Workers Compensation. You absolutely need to see a workers comp attorney ASAP because the deadlines for your claim and when you need your medical eval are really really short....like, they can be a matter of weeks or days short. -e- Also applys to texas redneck too. Also for you, Beemer creep is probably a private surveillance firm hired by the insurance company. Let your lawyer know about this, it is fairly common but occasionally can be mishandled giving you more options.
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Mar 10, 2011 02:02
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You can really get workman's comp for being in an accident on the way to or from work under normal driving conditions? I also thought workman's comp was for people who were injured on the job, not for property damage.
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Mar 10, 2011 03:28
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SWATJester posted:You absolutely need to see a workers comp attorney ASAP because the deadlines for your claim and when you need your medical eval are really really short....like, they can be a matter of weeks or days short. Well, he finally got the report from the doctor - so he thought. They gave him a completely fabricated report, nearly everything in it is incorrect except his name and skin color (they even said he arrived with family via ambulance.. he drove himself to and from in his own vehicle, crazy pain tolerance I guess). We tried to call the hospital to ask WTF, and got some of the rudest, most unhelpful people to ever walk the earth. We're going to get over there tomorrow. Also, the company handling the claim also happens to own a PI firm. Guess it's time to start looking for an attorney then. Human Tornada, I believe you can *if* you're helping at a different location than the one you normally work at, plus they're supposed to pay your hourly wages if said commute is longer than your normal one. Of course they normally DON'T pay, but hey..
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Mar 10, 2011 05:01
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Human Tornada posted:You can really get workman's comp for being in an accident on the way to or from work under normal driving conditions? For certain kinds of jobs, transportation to and from work is considered "on the job", yes. No, it won't cover the property damage on the car, but that's not the point. Presumably, he was in an accident and has some injury. In some states, WC is a self actuating law (see, e.g. Florida Statute §440 et seq.) and it kicks in automatically. So you need to jump on registering that claim. Leif. fucked around with this message at 05:27 on Mar 10, 2011 |
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Mar 10, 2011 05:25
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some texas redneck posted:Well, he finally got the report from the doctor - so he thought. They gave him a completely fabricated report, nearly everything in it is incorrect except his name and skin color (they even said he arrived with family via ambulance.. he drove himself to and from in his own vehicle, crazy pain tolerance I guess). We tried to call the hospital to ask WTF, and got some of the rudest, most unhelpful people to ever walk the earth. We're going to get over there tomorrow. Yes, your attorney will send your dad or whoever it was to an IME -- an independent medical examiner, who will compile a legitimate report. That way, you won't be relying on the insurance company's pet doctors for your care. It'll be your lawyers preferred doctors, and they'll submit the bill to the insurance company, and sue them if they won't pay. So in short, do it (and let them contact the hospital, do all that for you.) The good thing is that most WC or PI attorneys will take your case on contingency.
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Mar 10, 2011 05:30
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SWATJester posted:For certain kinds of jobs, transportation to and from work is considered "on the job", yes. webcams for christ posted:No injuries. My... car...  Alright, with that in mind would it be better to take the driver who hit me to small claims court, or let my insurance put him on collection and get compensation that way?
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Mar 10, 2011 05:34
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I was curious about WC covering one's commute to work and the fact that he wanted help with his insurance payment which SWATJester implied was possible.
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Mar 10, 2011 06:09
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webcams for christ posted:My... car... Think about your choices. Suing the driver that doesn't even bother to pay for insurance because that's a great track record for him paying you if you win in small claims, or dealing with your insurance company? Which one do you think you have the best chance to get money from? Don't you have insurance to cover uninsured drivers?
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Mar 10, 2011 19:06
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chemosh6969 posted:Think about your choices. Suing the driver that doesn't even bother to pay for insurance because that's a great track record for him paying you if you win in small claims, or dealing with your insurance company? Which one do you think you have the best chance to get money from? Like I've said before, I'm covered, minus a $500 deductible. I can either take him to court for it or wait for him to repay my insurance company for their part through a collections agency, after which the deductible will be put on collection.
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Mar 10, 2011 20:23
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I have a rather simple question... How do motions and briefs work? Are they usually filed together? Do you have to include a brief in support when you file a motion? I'm in Idaho, if it matters.
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Mar 10, 2011 23:40
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