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Brennanite posted:Now, my lease specifically states that "in the event of foreclosure on the premises this agreement shall be terminated. Agent shall return applicable deposits to tenants. Tenants hereby release agent from further responsibility or liability." That says to me that it's void. HOWEVER, it sounds like this Protecting Tenants at Foreclosure Act supersedes the termination clause in my lease. Is this correct? Worst-case scenario, the federal Act provides that tenants without leases, or leases terminable at will, still get 90 days' notice to vacate. Talk with the legal aid folks - like Soylent said, bring all your paperwork - to figure out whether that provision is enforceable. It probably isn't, and it's probably just a form lease they've been using since before 2009 (when the Act went into effect), but you should have a lawyer look at it in person. edit: speelling zzyzx fucked around with this message at 23:17 on Apr 28, 2011 |
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Apr 28, 2011 23:12
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Hypothetical: I am working for a few months for someone with a verbal agreement that I will be paid when he returns. I expect to make about two grand with this agreement. During this time, he offers to sell me a TV for about $50, with the understanding that this will be deducted from my pay at the end of the deal. The TV is worth about $300ish and I accept the deal A few weeks later, he decides that he doesn't want my help anymore and tells me not to return to work. I also find out I'm not getting paid. A month down the line, I find out that I'm likely to get charges filed against me for the theft of the TV. Upshot: there's basically no documentation for any of this. Am I screwed or what? (I know the obvious answer is get a lawyer but I assume I can't afford one at this point.)
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Apr 28, 2011 23:22
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Captain Foo posted:Hypothetical: Reading through the lines of what you've posted it seems like there's a hell of a lot of relevant stuff you haven't mentioned (obviously). What matters to you right at the moment is that it'll be rather difficult for this guy to explain how you got hold of the TV without explaining this arrangement. Best low-cost solution is to give up the TV as not worth the hassle and learn a life lesson about getting written contracts.
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Apr 28, 2011 23:30
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Captain Foo posted:I am working for a few months for someone with a verbal agreement that I will be paid when he returns. I expect to make about two grand with this agreement. Did you actually do any work for this guy? What kind of work, and is there any evidence of the work you did? Do you know why he no longer wanted your help? It might be worth filing a small claim against the guy to try to get paid for any work you did.
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Apr 29, 2011 00:43
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Talibananas posted:Did you actually do any work for this guy? What kind of work, and is there any evidence of the work you did? Do you know why he no longer wanted your help? It might be worth filing a small claim against the guy to try to get paid for any work you did. Plenty of work done. Manual labor. Got sick, ended up in the hospital, employer felt the need to come back from vacation early, although I was fine by the time he arrived back. Was not asked to return after the hospital. Small claims has been considered. e: There evidence of the work done because it was on something that required daily upkeep. I was not the only one working, but the only one doing so on a regular basis. Also, in the interim between after I got out of the hospital and when I was supposed to be finished working, I received a list of a bunch of grievances, the legitimacy of which I guess would be up to a civil court. Included was a request for the TV to be returned with a warning that charges would be filed if I didn't. A day or two later I brought it back. Fast forward about a month or two and now it seems charges are likely to be filed anyway. Captain Foo fucked around with this message at 13:08 on Apr 29, 2011 |
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Apr 29, 2011 01:54
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zzyzx posted:Worst-case scenario, the federal Act provides that tenants without leases, or leases terminable at will, still get 90 days' notice to vacate. Talk with the legal aid folks - like Soylent said, bring all your paperwork - to figure out whether that provision is enforceable. Thanks for everyone in the thread for all the great advice. You guys were spot on, the official legal opinion was that the clause is unenforceable.
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Apr 29, 2011 18:59
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I'm asking this for a worried friend of mine. If Person A, who is a green card holder in the US, provides a financial guarantee to his cousin overseas Person B for the purposes of a tourist visa to visit the US, and then Person B turns out to be an inconsiderate moron who overstays his visa, could this cause any legal problems for Person A? Thanks!
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Apr 30, 2011 23:08
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Yes it sure could. Person A needs to go talk to his immigration attorney.
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May 1, 2011 01:05
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An odd one here. We have a neighbor that has a tree extending past their fence, hanging over our side of the property line by several feet. I have no issue with it, family member is pissed that the neighbor's tree dares to drop the occasional leaves and twigs on our property and has taken to pruning it himself. And hey, it provides some shade for our kitchen window. The only problem I have with the tree is I have to clean the gutters more frequently on that side of the house, but it adds all of 5 minutes to my monthly to-do list. I'm thinking what he (family member) is doing is illegal, or at the least, unethical, since the tree belongs to the neighbor and sits on the neighbor's side of the property line. What kind of trouble can said family member wind up in? I know this neighbor has contacted the city to tattle when our sprinklers were coming on before allowed hours, so I expect she'll notice sooner or later and pitch a fit. Texas, if it matters.
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May 1, 2011 06:24
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This column suggests that according to Texas law you can prune your neighbour's tree up to the property line, as long as it doesn't cause damage to the part of the tree on the neighbour's side of the fence.
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May 1, 2011 06:51
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On the practical side, have you tried talking with your neighbor and/or your family member? Most legal problems can be solved much more easily if both parties are willing to talk it over like reasonable adults. That is a very big if though.
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May 1, 2011 07:04
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Soylent Pudding posted:On the practical side, have you tried talking with your neighbor and/or your family member? Most legal problems can be solved much more easily if both parties are willing to talk it over like reasonable adults. That is a very big if though. We'll just say this particular family member (my stepfather) is not on the neighborhood's "nice guy" list. He's gotten in people's faces for parking on the street in front of our house before, basically has a "get off my lawn and my neighbor's lawn while you're at it, you know what, stay off my side of the street" mentality. You should see how livid he gets if the neighborhood kids play football in the street. I've never talked to the neighbor in question myself, mainly because I have no problem with her tree providing shade for our air conditioner and our kitchen window. I'll take spending an extra few minutes cleaning the gutters in exchange for the a/c not having to work as hard.
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May 1, 2011 07:53
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edit: Deleted content, thanks for the advice.
ohno fucked around with this message at 10:53 on May 1, 2011 |
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May 1, 2011 10:30
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ohno posted:Does anyone have any advice on how I can proceed from here? Edit out pretty much that entire story and just talk to your real-life lawyer.
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May 1, 2011 10:50
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Javid posted:Edit out pretty much that entire story and just talk to your real-life lawyer. I thought it would be safe to discuss DUI's on here. But I guess your right, better play it on the safe side from here on out.
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May 1, 2011 10:53
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Robo Olga posted:Yes it sure could. Person A needs to go talk to his immigration attorney.
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May 1, 2011 18:03
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This is in California My fiance and I have been renting a room in a house for about 2 years now. Over a period of roughly 3-4 months in 2010 we ran in to some financial trouble. Our landlord was accepting of the situation, and allowed us to pay late and over several payments. We payed with multiple checks from multiple accounts as well as (yikes!) paying in cash from time to time. There were no receipts as we were all on friendly terms with one another (a mistake, I know). My fiance and I kept notes of how much we owed and were never more than 30 days behind on any given rent check. By December of '10 we were back on our feet and paying regularly. We're getting ready to move out next month and the landlord has informed us we're short ~$1000 from the previous year. She notes the checks we've given her during that time but makes no mention of the many cash payments that were made. She seems to be pretending they never happened. We're trying to get things squared away with her, but I just want to get an idea of where we might stand legally here. These supposed shortfalls were from almost a year ago and she's made no mention of them up until now, as we're getting ready to move out.
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May 1, 2011 22:20
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Recycle Bin posted:This is in California Does your bank statement cover the cash withdrawls? Did you make withdraws specifically to pay the rent?
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May 1, 2011 22:43
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Alchenar posted:Does your bank statement cover the cash withdrawls? Did you make withdraws specifically to pay the rent? No and no.
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May 1, 2011 22:47
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Recycle Bin posted:This is in California
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May 1, 2011 22:51
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gvibes posted:Are there any e-mails or anything between you and your landlord about your balance, or the cash payments, or anything that would help you? Nothing substantial. While we made sure to keep track of what we owed, we would frequently try to double-check with the landlord (verbally) that we were current, but she would never give an answer one way or the other ("I'll need to look over my records" she'd say, and we'd never hear about it again). Only a couple of e-mails where the landlord mentions offhand that she's been "very understanding of [our] situation" but no dollar amounts were ever given. At one point she had said that it was our responsibility to keep track of rent payments but, again, this was all verbal.
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May 1, 2011 23:03
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Recycle Bin posted:Nothing substantial. While we made sure to keep track of what we owed, we would frequently try to double-check with the landlord (verbally) that we were current, but she would never give an answer one way or the other ("I'll need to look over my records" she'd say, and we'd never hear about it again). Only a couple of e-mails where the landlord mentions offhand that she's been "very understanding of [our] situation" but no dollar amounts were ever given. At one point she had said that it was our responsibility to keep track of rent payments but, again, this was all verbal.
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May 1, 2011 23:09
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gvibes posted:You have your notes though? Are the notes dated at all? Do the notes match up with her check records? Contemporaneous documents are quite helpful. Sounds like it would be a close call if it went to court. The notes were thrown out. The whole renting situation had, until recently, been very casual between us. We had no idea she was even under the impression that we were short on rent until a couple months ago, and only today did she give us a dollar amount.
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May 1, 2011 23:28
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I'm in Connecticut - I think I cut down my neighbor's tree, mistakenly believing it to be mine. It did have multiple branches overhanging my driveway and is by best guess about 1 foot over the property line. What's my potential liability if they got really pissed off and sued me over it or something? P.S. The reason I cut it down is it was a nuisance - the limbs overhanging my driveway were dead and constantly dropping things on my car.
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May 2, 2011 14:41
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fordham posted:I'm in Connecticut - I think I cut down my neighbor's tree, mistakenly believing it to be mine. It did have multiple branches overhanging my driveway and is by best guess about 1 foot over the property line. I believe the general rule is that you can trim back limbs over your property so long as you do not hurt the tree itself. First, you should figure out exactly where your property line is. Also, what sort of damage did your car suffer from the tree? If you can document damage to the car and repairs it will improve your position. They may be less likely to sue or more willing to settle it quickly if you have a counterclaim for any appreciable damage. Also, what made you change your mind about whether it is your or your neighbor's tree? Have you considered just talking with your neighbors?
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May 2, 2011 18:38
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Soylent Pudding posted:I believe the general rule is that you can trim back limbs over your property so long as you do not hurt the tree itself. First, you should figure out exactly where your property line is. Also, what sort of damage did your car suffer from the tree? If you can document damage to the car and repairs it will improve your position. They may be less likely to sue or more willing to settle it quickly if you have a counterclaim for any appreciable damage. The entire area was covered with vines. Taking down the tree revealed what appears to be a property stake much closer to my lawn than I thought. This is behind both our houses and not visible from the road. The tree was leaning essentially entirely over my property (just about all branches reached over the line). I talked to them briefly while I was cutting it down and they weren't sure where the property line was either. Damage to my car thus far hasn't been much - a few minor scratches are visible on the roof, but every time it got windy more sticks and pieces of vine would fall. I don't think they are too upset about it, but I figured I'd ask how much trouble I might have got myself into by not being as thorough as I should have. The area was entirely uncared for by either side, and the vines are out of control and climbing every tree (and connecting the trees). After I dropped it it looked like my driveway had a briar patch on it. Thanks for the info!
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May 3, 2011 02:46
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I currently live in Arizona. I was pulled over a few months ago for expired tags, and was notified by the officer that I had a non extradition warrant for my arrest in California. I didn't think anything of it because I've never lived in California, hadn't been there for over a decade, and had no run-ins with the law. I recently mentioned this incident to a family member because of an unrelated identity fraud thing, and the family member called a local police department who stated that what I have now is an extradition warrant. I've since called the local PD myself, who referred me to the local courts. Neither gave me any useful information, although the PD stated that they don't look that info up over the phone, preferring that you come in instead. The court found no records, and referred me to the California court systems. I called a random court in California, which referred me to a local sheriff's office. They didn't find anything on record but said the warrant could potentially be restricted to a particular county, even if it's an extradition warrant. How the hell do I get to the bottom of this? Do I have to call every county in California? Approach a cop in person? EDIT: The "local" PD's that I and my family member called are local to Arizona, but in different cities. Teresa Heinz-Kirby fucked around with this message at 22:23 on May 3, 2011 |
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May 3, 2011 22:20
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fisheyel83l posted:the PD stated that they don't look that info up over the phone, preferring that you come in instead. That's because they will just arrest you and ship you off the California. Also, the next time you talk to any police officer they will arrest you and might ship you off to California if you have an extradition warrant. I'm kind of surprised that the California criminal courts cannot give you information on where your warrant is. Did you call, like, the customer service people? You really need to fix this problem. It won't go away on its own. If there is a mistake, you will sit in jail while they fix it. It most likely will be Arizona jail but you could be shipped to California. Try calling random district attorney's offices. Also, we have one Californian criminal lawyer on the forums, he probably has more information than I do. Find a lawyer in California and pay him a few hundred bucks to fix this problem. It might be something like a guy with your name and a similar birthdate (hence they can't find your records), but who knows it could be a real warrant that has been floating around since you lived there.
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May 3, 2011 22:28
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I'm sure it's a mistaken identity or identity theft kind of thing, because I've NEVER lived there. Thanks for the info though, I'll try to contact a DA here and possibly one in California before trying a lawyer. I'm trying to spend as little money as possible (but even less jail time!) fixing this.
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May 3, 2011 22:35
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Is it illegal for a company to pay their employees with handwritten business checks? I've only ever had direct deposit from former employers. Also how long is it ok to work before filling out tax information? I just started working for a small business and have been paid twice in business checks but have not yet had to fill out any tax info.
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May 3, 2011 23:15
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Cassiope posted:Is it illegal for a company to pay their employees with handwritten business checks? Why would this be illegal?
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May 3, 2011 23:19
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Loopyface posted:Why would this be illegal? I didn't think it was, but had a friend mention that it was sketchy. Considering I haven't filled out any tax info. I just thought I might as well double check on if it was or not.
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May 3, 2011 23:25
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BigHead posted:Try calling random district attorney's offices. Also, we have one Californian criminal lawyer on the forums, he probably has more information than I do. You might want to call the DMV. They generally have FTAs recorded with the county of record (if it is a moving violation). They will have you listed under an "X" number. Give you full name and DOB and they should find you. And yes, California courts don't really link together all too well and don't know what the people next door have much less norcal v. socal. If you want to go the non-lawyer route, you'll need to call all 58 counties.
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May 3, 2011 23:34
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I've been trying to not get a lawyer involved in this because it isn't a huge amount of money and a lawyer would pretty much eat up my judegment. Backstory: I had a room mate for the summer of 2010 in Philadelphia. He was a friend whom I knew for a long time. He was living with his parents in Ohio prior to coming to Philly. He skipped out on the last month of rent and damaged the basement. Went back home to live with his parents in Ohio. I sued him in Philadelphia court in November. His parents got him a lawyer and he tried to settle with me, I refused, they both showed up to court and I won. He didn't pay within the 30 days required by the court, but seeing as how he lives in Philaelphia, there was nothing they could do. I went through the paperwork and got the judgement transferred to his local municipal court in Ohio. The workers at that small town court have never had any kind of case like this so they are no help. In Philadelphia you can gave a sheriff's sale when someone doesn't pay their judgement. What the court in Ohio told me is that I can garnish his wages (he went back to school and quit his job, so unemployed now). Or garnish his bank accounts (I need to have the account number, which I do. But I have no way to know if he has money in those accounts and I assume once he finds out he will drain those accounts). So does anyone know if you can request bank account information including balance on an individual and what would that be called. Secondly, can you have a Sheriff's sale in Ohio?
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May 4, 2011 00:34
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thewaablah posted:I've been trying to not get a lawyer involved in this because it isn't a huge amount of money and a lawyer would pretty much eat up my judegment. It is always a crapshoot when you attach an account, for the reasons you mention. If you take any action to find out the balance, the debtor gets wise and moves the money. So maybe attach the account a week or so after student loans get distributed. I had luck with that strategy once. Sucked for that med student. As for having a sheriff's sale (I assume of personal property, like a car), in Ohio, it is called levy and execution on a chattel. The details are set forth in Ohio Revised Code chapter 2329. http://codes.ohio.gov/orc/2329. (Scroll down to around 2323.09 or so). But it is a difficult procedure to follow, even if you are a lawyer.
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May 4, 2011 02:30
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Sprint charges a $10/month service fee on all 4g phones but nobody has 4g. Is this legal? Does this open Sprint up to a class action lawsuit
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May 5, 2011 04:01
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What do you mean "nobody has 4g" because Sprint certainly has their version of 4G out there and active in certain areas. There are other phones you can get besides the 4G phones, and I'm sure they have a return period if you somehow found out about the charge later and/or found out you don't have 4G where you are.
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May 5, 2011 04:45
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I looked it up, I have 4g now. But it doesn't work indoors. I've had this phone about 7 months. There was a 30 day return for any reason option.
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May 5, 2011 04:57
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They won't sell the same phone to my mom without her agreeing to the $10 4g fee (per phone) in addition to the data fee. They definitely don't have 4g where she lives.
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May 5, 2011 05:05
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I'm not a lawyer but I'll try to tackle this one: Then don't buy it.
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May 5, 2011 08:59
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