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chemosh6969
Jul 3, 2004

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

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

Solomon Grundy posted:

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.

It depends on how the school disburses fin aid. In our case, you'd want to see if you could get it attached to the students school account, on a Friday although they wouldn't see the hold on their account anyway since it wouldn't prevent any registration, and not any bank account.

Fin aid usually goes out Monday, which is why you'd want to do it by Friday. Monday night any credit gets refunded to their student id/credit card, unless they opted to have a check sent out or a direct deposit to an account.

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chemosh6969
Jul 3, 2004

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

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

rekk posted:

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.

It's actually called a premium data add-on and not a 4g charge. 4g does work indoors and if it doesn't for you, have you tried calling Sprint to see if they'll send you an airwave for free? That's what they do when people have issues like that.

http://community.sprint.com/baw/com...data-add-on#oq2

quote:

I thought this charge was just for 4G users?


The $10 Premium Data add-on previously only applied to 3G/4G devices, but it was never simply a charge for 4G.
The charge has always been to address the increased costs associated with operating smartphones on Sprint’s network.

Advice
Feb 17, 2007

Je veux ton amour
Et je veux ton revanche
Je veux ton amour
I don't wanna be friends
Posted my own thread about this before someone reminded me all legal questions go here in the megathread.

"Okay, so this almost belongs in E/N, but I need advice more than someone to listen, I need to know if I should lawyer up. A little backstory:

I've lived with this girl for the last year or so, and it's been pretty chaotic. Without going into too much detail, she abuses drugs and is frequently living on the edge as far as bill payments and things go. We're usually pretty good friends, but she has a couple episodes in our past where she is completely venemous. Just destructive and threatening (usually under the effects of one or more substances), and I know before we get into it, I'm cutting off all ties with her when our lease is up, and hopefully I've learned my lesson.

The most recent of these destruct-a-thons had her picked up for a DUI, losing her license in the process. Since my car had recently blown the transmission and I don't have nearly enough cash to fix it, she had no problem with me driving her car as long as I took her to work. This system kept up for the last few months, with me doing 100% of the driving, taking her to work when I could and using the car to take myself to work as well. If our schedules clashed, she was forced to find another ride to work or call in. (Without getting into details, it's fine for her to call in pretty frequently, her job is under-the-table[not drug dealing or prostitution]) This inconvenience coupled with depression caused her to spiral further downward, to the point where she didn't go to work for a couple months straight. Bills piled up, and her car (which she's about 25% paid off for) is three months past due. The repo men have been alerted(I'm not sure how this system works) and we're expecting any day for the car to be gone.

It's been a particularly rough couple weeks, and she's considering moving to Hawaii to pursue a job offer there, where she also would have a place to stay and wouldn't need a car. This has prompted her to consider ditching the lease on our apartment (three months left!) and the payments on her car and just fly away to Hawaii. She doesn't care about her credit or anything of that sort.

After talking to her mother(co-signer on the lease, and less than thrilled about having her credit ruined as well) today, I can hear them discussing "that guy who's been driving my car for three months" and "it should be his responsibility", with the mother adding "if we have to take him to small claims court we will, we'll garnish his wages, I've done it before". What kind of case would she have? What sort of responsibility could I possibly have in this situation? Do I need to consult a lawyer?


Thanks in advance.


Ninja edit: Her mother is co-signed on the car, not on the apartment. We're alone on the apartment."

TheBandOffice
Nov 4, 2009

Advice posted:

Posted my own thread about this before someone reminded me all legal questions go here in the megathread.

"Okay, so this almost belongs in E/N, but I need advice more than someone to listen, I need to know if I should lawyer up. A little backstory:

I've lived with this girl for the last year or so, and it's been pretty chaotic. Without going into too much detail, she abuses drugs and is frequently living on the edge as far as bill payments and things go. We're usually pretty good friends, but she has a couple episodes in our past where she is completely venemous. Just destructive and threatening (usually under the effects of one or more substances), and I know before we get into it, I'm cutting off all ties with her when our lease is up, and hopefully I've learned my lesson.

The most recent of these destruct-a-thons had her picked up for a DUI, losing her license in the process. Since my car had recently blown the transmission and I don't have nearly enough cash to fix it, she had no problem with me driving her car as long as I took her to work. This system kept up for the last few months, with me doing 100% of the driving, taking her to work when I could and using the car to take myself to work as well. If our schedules clashed, she was forced to find another ride to work or call in. (Without getting into details, it's fine for her to call in pretty frequently, her job is under-the-table[not drug dealing or prostitution]) This inconvenience coupled with depression caused her to spiral further downward, to the point where she didn't go to work for a couple months straight. Bills piled up, and her car (which she's about 25% paid off for) is three months past due. The repo men have been alerted(I'm not sure how this system works) and we're expecting any day for the car to be gone.

It's been a particularly rough couple weeks, and she's considering moving to Hawaii to pursue a job offer there, where she also would have a place to stay and wouldn't need a car. This has prompted her to consider ditching the lease on our apartment (three months left!) and the payments on her car and just fly away to Hawaii. She doesn't care about her credit or anything of that sort.

After talking to her mother(co-signer on the lease, and less than thrilled about having her credit ruined as well) today, I can hear them discussing "that guy who's been driving my car for three months" and "it should be his responsibility", with the mother adding "if we have to take him to small claims court we will, we'll garnish his wages, I've done it before". What kind of case would she have? What sort of responsibility could I possibly have in this situation? Do I need to consult a lawyer?


Thanks in advance.


Ninja edit: Her mother is co-signed on the car, not on the apartment. We're alone on the apartment."

As always, I'm not a lawyer, but the mother sounds like she's full of poo poo. What exactly is she trying to get you to pay for, the car? The rest of the lease? Either way, she WON'T get your wages garnished. Honestly the only thing I could see you *maybe* on the hook for would be for the full lease for three months. That really depends on the terms of your lease though.

Look through it and see what exactly you signed, in a lot of cases (at least around here) the leases stipulate that if one person stops paying, the other tenants are on the hook for the payments for them until they find another roommate. Oh, and in most of our leases the landlord has no obligation to pursue the delinquent roommate, and I've never seen it happen. This is a college town though with scummy landlords, so YMMV.

Advice
Feb 17, 2007

Je veux ton amour
Et je veux ton revanche
Je veux ton amour
I don't wanna be friends
Haha, saw your response in my thread, thanks for following me and making sure I got the information. It means a lot.

gvibes
Jan 18, 2010

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

Advice posted:

Posted my own thread about this before someone reminded me all legal questions go here in the megathread.

"Okay, so this almost belongs in E/N, but I need advice more than someone to listen, I need to know if I should lawyer up. A little backstory:

I've lived with this girl for the last year or so, and it's been pretty chaotic. Without going into too much detail, she abuses drugs and is frequently living on the edge as far as bill payments and things go. We're usually pretty good friends, but she has a couple episodes in our past where she is completely venemous. Just destructive and threatening (usually under the effects of one or more substances), and I know before we get into it, I'm cutting off all ties with her when our lease is up, and hopefully I've learned my lesson.

The most recent of these destruct-a-thons had her picked up for a DUI, losing her license in the process. Since my car had recently blown the transmission and I don't have nearly enough cash to fix it, she had no problem with me driving her car as long as I took her to work. This system kept up for the last few months, with me doing 100% of the driving, taking her to work when I could and using the car to take myself to work as well. If our schedules clashed, she was forced to find another ride to work or call in. (Without getting into details, it's fine for her to call in pretty frequently, her job is under-the-table[not drug dealing or prostitution]) This inconvenience coupled with depression caused her to spiral further downward, to the point where she didn't go to work for a couple months straight. Bills piled up, and her car (which she's about 25% paid off for) is three months past due. The repo men have been alerted(I'm not sure how this system works) and we're expecting any day for the car to be gone.

It's been a particularly rough couple weeks, and she's considering moving to Hawaii to pursue a job offer there, where she also would have a place to stay and wouldn't need a car. This has prompted her to consider ditching the lease on our apartment (three months left!) and the payments on her car and just fly away to Hawaii. She doesn't care about her credit or anything of that sort.

After talking to her mother(co-signer on the lease, and less than thrilled about having her credit ruined as well) today, I can hear them discussing "that guy who's been driving my car for three months" and "it should be his responsibility", with the mother adding "if we have to take him to small claims court we will, we'll garnish his wages, I've done it before". What kind of case would she have? What sort of responsibility could I possibly have in this situation? Do I need to consult a lawyer?


Thanks in advance.


Ninja edit: Her mother is co-signed on the car, not on the apartment. We're alone on the apartment."
I don't think you would be on the hook for the car. If she bails, the landlord can probably seek full rent from you, and you would then have a claim against her for her half.

chemosh6969
Jul 3, 2004

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

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

Advice posted:

Ninja edit: Her mother is co-signed on the car, not on the apartment. We're alone on the apartment."

Car people can't go after people that aren't on the car's lease. You have no contract with anyone in regards to it. Only the daughter and mother do. That's who they go after, the people that signed the contract.

Think about it a bit. If she bought a car that had a $10,000 a month payment, with her mom as a co-signer, in what world do you think they could magically transfer that loan to your name without your permission?

Soylent Pudding
Jun 22, 2007

We've got people!


Advice posted:

Stuff

Unless you signed a contract involving the car and the debt, you have no obligation to pay. The Statute of Frauds ought to block any claims of an oral agreement to buy the car, guarantee the debt, etc.. Did you ever agree to pay any money for the right to drive her car? If you did, they can hold you liable for what you agreed to pay for the right to use the car.

As for your apartment, you need to check the lease. Most leases hold the tenants jointly and severally liable for the rent. This means that in the event of non-payment, the landlord can recover the full value from either or both of you. You are responsible for ensuring the total rent is paid in full each month. You may also have the right to hold her liable for her unpaid rent. Actually enforcing that may be difficult if she moves to Hawaii though.

Edit: Also. Not a lawyer yet, just a law student. This is not legal advice and you really ought to be careful before following the advice of anyone whom might not be wearing pants.

thewaablah
Sep 8, 2004

Stay down bitch

chemosh6969 posted:

It depends on how the school disburses fin aid. In our case, you'd want to see if you could get it attached to the students school account, on a Friday although they wouldn't see the hold on their account anyway since it wouldn't prevent any registration, and not any bank account.

Fin aid usually goes out Monday, which is why you'd want to do it by Friday. Monday night any credit gets refunded to their student id/credit card, unless they opted to have a check sent out or a direct deposit to an account.

See I'm not even sure what account would even get the money. He left so much documentation here it's crazy. He has 3 credit cards and 3 checking accounts. He has a trust set up through his parents. I think I know the account number of the money that his parents deposit money into for his trust. But with this Bank Garnishment thing, he gets notice before it gets sucked out. This form goes to him and basically states he can't move his money once receiving this notice (I'm sure he'll do it anyways), he can request a hearing to say what he doesn't feel the money should be taken out. When I asked the court worker what this meant, she said that he can request that it not be taken out if the money is from social security, disability, etc. But would have to give a different account number to disperse the funds. They are kind of helpful, kind of not.

I was able to get a credit report ran on him. Found up he had a job back in 2010 and also filed for Bankruptcy in '09 for over 1 million. Kid is like 26, didn't realize what a bum he was. At least I know he can't file for bankruptcy again.

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Edit: not funny.

Solomon Grundy
Feb 10, 2007

Born on a Monday

thewaablah posted:

See I'm not even sure what account would even get the money. He left so much documentation here it's crazy. He has 3 credit cards and 3 checking accounts. He has a trust set up through his parents. I think I know the account number of the money that his parents deposit money into for his trust. But with this Bank Garnishment thing, he gets notice before it gets sucked out. This form goes to him and basically states he can't move his money once receiving this notice (I'm sure he'll do it anyways), he can request a hearing to say what he doesn't feel the money should be taken out. When I asked the court worker what this meant, she said that he can request that it not be taken out if the money is from social security, disability, etc. But would have to give a different account number to disperse the funds. They are kind of helpful, kind of not.

I was able to get a credit report ran on him. Found up he had a job back in 2010 and also filed for Bankruptcy in '09 for over 1 million. Kid is like 26, didn't realize what a bum he was. At least I know he can't file for bankruptcy again.

There is a way in Ohio to attach an account prior to notice to the debtor. I've done it, but I don't have a cite at my fingertips. The clerk is wrong, but in fairness, it is not his/her job to give legal advice. If you went to the muni court, try the common pleas court, or vice versa. Then attach all three accounts at once.

Edit - see R.C. 2716.13. I think the way I did it was to go over to the clerk's in the morning, file everything, and ask for summons to be prepared for personal service on the bank. Then I took an order up to the judge to get a process server appointed (who went with me), had the process server serve the bank the same day, then arranged certified mail service on the debtor, which took a few days. It was worth the effort for my $100,000+ judgment, your mileage may vary.

This is informational only and not legal advice blah blah blah.

Solomon Grundy fucked around with this message at 11:08 on May 6, 2011

abraxas
Apr 6, 2004

"It's a Yuletide!"




I'm asking this more out of interest, since this is already more or less resolved, but I'm still wondering what you guys (who actually know about law and all that stuff) have to say about it. All in all it's a pretty nerdy thing and it includes WoW so bear with me here please.. it's also a bit wordy but I wanted to explain things in full so.. yeah.

Anyway, about 3(ish) years ago, shortly before Wrath of the Lich King came out, I decided I was done with WoW forever and ever and sold my old account on eBay. This was before you had to connect your WoW accounts to Battle.Net and all that fancy poo poo, just a simple WoW account.

Some dude eventually bought it for $250ish and I sent him a very detailed email about how he had to change the bank account or CC info to his and yada yada yada. Everything went smooth, except when he wanted to change the email address associated with the WoW account. I got an email that said there was an email change request and to please log into my account and confirm that this is right. Obviously, the guy had already changed the password so I couldn't do that. I emailed him, trying to explain what the deal was but he just plain and simply ignored it. I suppose he was scared I wanted to steal my account back or something.

I left it at that and that was more or less the end of it for me. Over the years, I'd occassionally get emails to my account from Blizzard about Account Suspension for 3 days because of misbehaving online and all kinds of poo poo. Dude was apparently a huge douchebag.

Cue last year September, after a number of weird coincidences I don't want to bore you with, I end up getting a (new) WoW account from a friend and start playing again. After a couple of weeks I remember my old account that I sold and start looking around to see if the guy still exists. I check character names in the armory, I ask old guild mates and people who knew me before I quit, all kinds of stuff but with no traces of the guy (or my old characters) to be found.

Really, everything I hear or see just points into the direction of the guy getting my account banned eventually and then loving off to some new account he probably also bought on ebay.. not too far fetched, considering all the Account Suspension emails I got, right? I also remember he never asked for my CD Key and basically if you have the CD Key, you have the WoW account.

Since I figured the guy was banned anyway, I wanted to try and see if I could get my old characters back. I decided to call up account support and made up some bullshit story about how I haven't played in years and now that I wanted to log back in nothing was working and so on and so forth. They ask me if I have any kind of proof that the account is actually mine and I tell them I still have the original CD Key. 'Twas good enough for the friendly support lady because she instantly, without asking again, transfered "my" characters from this guys Battle.Net account to one of mine. After she's done with the transfer she decided to come forth with the little tidbit of information that "oh.. the account is currently still paid for, seems like someone is still playing it!" Turns out, the guy name and faction changed ALL of my characters like a million times and was actually still playing at that very moment.

Whoops, I think to myself... didn't really mean to screw that guy out of his money/his characters. But since I didn't know the guy and he seemed to be a douchebag either way, I didn't really put any more thought into it. I think the only thing I did was send around 6000 gold from one of "his" characters to one of my new ones. After two months or so, he finally contacts me and starts threatening me with all kinds of bullshit. His step father is a lawyer and that kind of stuff. I mean, c'mon.. that's a "My uncle works at Nintendo!!!" if I've ever seen one. In the end, since I had started playing on a completely new account again already and didn't use the account my old characters were transfered to, I just gave him that battle.net account (with my Starcraft 2 on it, too.. kinda pissed about that) to avoid any poo poo he might fling at me and things were settled.

But, as I said originally, out of pure interest.. would he have had a case with this? I mean he still had all ebay transaction logs and everything, so I figured he actually has a leg to stand on should he decide to go all out with it. On the other hand, WoW accounts and characters are property of Blizzard and I still had the original CD key which means A) I sold something that wasn't mine to begin with and B) other than the ebay transaction stuff he has absolutely no proof of anything (what with me still owning the CDs, the packaging, the manual with the CD key on it etc etc).

I guess I did the morally right thing and I don't really care either way (except for my SC2!) but did I also do the legally right thing or could I have just gotten away with it while that guy was foaming at the mouth?

As an aside, I live in Germany and so does the dude who bought my account and everything happened over eBay Germany and EU Blizzard and so on and so forth. I only say this because I have no idea if laws or things that are important to this "case" vary wildly from here to there.

abraxas fucked around with this message at 15:06 on May 6, 2011

obviously I fucked it
Oct 6, 2009
Chick law question: I've just been told by my hairdresser that I've been undercharged for the last 6 visits. Undercharged by *half* what it should have been. Other than the owner and my hairdresser giving me uncomfortable glances and adjusting the price next time I go in, is there a reason am I obligated to pay them back? Legally, I mean.

(Morally, yes, I know I am, but I have no intention to if I can help it. gently caress, that's a lot of money.)

entris
Oct 22, 2008

by Y Kant Ozma Post

abraxas posted:

I'm asking this more out of interest, since this is already more or less resolved, but I'm still wondering what you guys (who actually know about law and all that stuff) have to say about it. All in all it's a pretty nerdy thing and it includes WoW so bear with me here please.. it's also a bit wordy but I wanted to explain things in full so.. yeah.

Anyway, about 3(ish) years ago, shortly before Wrath of the Lich King came out, I decided I was done with WoW forever and ever and sold my old account on eBay. This was before you had to connect your WoW accounts to Battle.Net and all that fancy poo poo, just a simple WoW account.

Some dude eventually bought it for $250ish and I sent him a very detailed email about how he had to change the bank account or CC info to his and yada yada yada. Everything went smooth, except when he wanted to change the email address associated with the WoW account. I got an email that said there was an email change request and to please log into my account and confirm that this is right. Obviously, the guy had already changed the password so I couldn't do that. I emailed him, trying to explain what the deal was but he just plain and simply ignored it. I suppose he was scared I wanted to steal my account back or something.

I left it at that and that was more or less the end of it for me. Over the years, I'd occassionally get emails to my account from Blizzard about Account Suspension for 3 days because of misbehaving online and all kinds of poo poo. Dude was apparently a huge douchebag.

Cue last year September, after a number of weird coincidences I don't want to bore you with, I end up getting a (new) WoW account from a friend and start playing again. After a couple of weeks I remember my old account that I sold and start looking around to see if the guy still exists. I check character names in the armory, I ask old guild mates and people who knew me before I quit, all kinds of stuff but with no traces of the guy (or my old characters) to be found.

Really, everything I hear or see just points into the direction of the guy getting my account banned eventually and then loving off to some new account he probably also bought on ebay.. not too far fetched, considering all the Account Suspension emails I got, right? I also remember he never asked for my CD Key and basically if you have the CD Key, you have the WoW account.

Since I figured the guy was banned anyway, I wanted to try and see if I could get my old characters back. I decided to call up account support and made up some bullshit story about how I haven't played in years and now that I wanted to log back in nothing was working and so on and so forth. They ask me if I have any kind of proof that the account is actually mine and I tell them I still have the original CD Key. 'Twas good enough for the friendly support lady because she instantly, without asking again, transfered "my" characters from this guys Battle.Net account to one of mine. After she's done with the transfer she decided to come forth with the little tidbit of information that "oh.. the account is currently still paid for, seems like someone is still playing it!" Turns out, the guy name and faction changed ALL of my characters like a million times and was actually still playing at that very moment.

Whoops, I think to myself... didn't really mean to screw that guy out of his money/his characters. But since I didn't know the guy and he seemed to be a douchebag either way, I didn't really put any more thought into it. I think the only thing I did was send around 6000 gold from one of "his" characters to one of my new ones. After two months or so, he finally contacts me and starts threatening me with all kinds of bullshit. His step father is a lawyer and that kind of stuff. I mean, c'mon.. that's a "My uncle works at Nintendo!!!" if I've ever seen one. In the end, since I had started playing on a completely new account again already and didn't use the account my old characters were transfered to, I just gave him that battle.net account (with my Starcraft 2 on it, too.. kinda pissed about that) to avoid any poo poo he might fling at me and things were settled.

But, as I said originally, out of pure interest.. would he have had a case with this? I mean he still had all ebay transaction logs and everything, so I figured he actually has a leg to stand on should he decide to go all out with it. On the other hand, WoW accounts and characters are property of Blizzard and I still had the original CD key which means A) I sold something that wasn't mine to begin with and B) other than the ebay transaction stuff he has absolutely no proof of anything (what with me still owning the CDs, the packaging, the manual with the CD key on it etc etc).

I guess I did the morally right thing and I don't really care either way (except for my SC2!) but did I also do the legally right thing or could I have just gotten away with it while that guy was foaming at the mouth?

As an aside, I live in Germany and so does the dude who bought my account and everything happened over eBay Germany and EU Blizzard and so on and so forth. I only say this because I have no idea if laws or things that are important to this "case" vary wildly from here to there.

Listen, I don't know what law school you are at, but we're not going to help you with your contracts exam. Here are the issues I spotted:

Formation issues (material terms, consideration, etc )
Assignability of contract issues
3rd party issues
International issues (available remedies, choice of law)

But then I did pretty poor my 1L year so that probably won't help you. Good luck.

Boobs is Fun!
Jun 25, 2005

KaneBlueRiver
The Chilean Sensation
#1 Hulk/Haggar in the World

entris posted:

Listen, I don't know what law school you are at, but we're not going to help you with your contracts exam.

Hi Abraxas is a guy I know and he's not here for homework help also you are stupid if you're serious. He's literally asking for advice on the specific thing he mentioned.


How does someone undercharge you for hairdressing 6 times in a row?

Boobs is Fun! fucked around with this message at 15:29 on May 6, 2011

obviously I fucked it
Oct 6, 2009

Boobs is Fun! posted:

Hi Abraxas is a guy I know and he's not here for homework help also you are stupid if you're serious.


Also how does someone undercharge you for hairdressing 6 times in a row?

They charged for cutting and doing extensions, but not for coloring.

Alchenar
Apr 9, 2008

errol _flynn posted:

Chick law question: I've just been told by my hairdresser that I've been undercharged for the last 6 visits. Undercharged by *half* what it should have been. Other than the owner and my hairdresser giving me uncomfortable glances and adjusting the price next time I go in, is there a reason am I obligated to pay them back? Legally, I mean.

(Morally, yes, I know I am, but I have no intention to if I can help it. gently caress, that's a lot of money.)

Don't see how. You presented yourself at the counter, they requested money, you paid. Under normal circumstances you can't go back and reopen a contract because you've discovered you've been offering a bad bargain.

Boobs is Fun!
Jun 25, 2005

KaneBlueRiver
The Chilean Sensation
#1 Hulk/Haggar in the World

errol _flynn posted:

They charged for cutting and doing extensions, but not for coloring.

If you didn't sign a contract and they didn't bill you at the time you're fine. I wouldn't rely on them to do a really good job next time if they feel like you hosed them over though.

abraxas
Apr 6, 2004

"It's a Yuletide!"




entris posted:

Listen, I don't know what law school you are at, but we're not going to help you with your contracts exam. Here are the issues I spotted:

Formation issues (material terms, consideration, etc )
Assignability of contract issues
3rd party issues
International issues (available remedies, choice of law)

But then I did pretty poor my 1L year so that probably won't help you. Good luck.

I might just be missing a joke but I have no idea what you're even saying. I'm sorry to disappoint you but I'm actually not a law student but a programmer (and have been for close to 10 years). I thought I outlined my question pretty well and gave enough background information and history for someone with actual knowledge of law and the surroundings to answer it. If you don't feel up to the task (or if you are a douchebag, as it seems) then feel free to ignore me. Either answer my question or ignore it. Don't try to be a smug rear end in a top hat who "found me out" or whatever your agenda was there tia.

Wyatt
Jul 7, 2009

NOOOOOOOOOO.

abraxas posted:

I might just be missing a joke but I have no idea what you're even saying.

Your story reads like a law school exam: complicated set of facts in which both parties make questionable decisions (making legal resolution challenging). That was the joke. Entris, I am high-fiving you, because that poo poo made me laugh out loud.

Added: As for your question, Abraxas, I am not familiar with German law, but there is a common law concept known as conversion. It's essentially the same thing as theft in the criminal world. You deprived the buyer of something he acquired by agreement, after an exchange of money. In other words, the account belonged to him. So, at least in common law, he would have a legal argument. Now, whether that argument would succeed is harder to say. Intangible goods, like access to a computer character, are something courts have struggled to deal with. This might also be complicated by whatever the World of Warcraft Terms of Service say about selling accounts (or what the eBay TOS says, for that matter).

But the simplified version of the story is that you sold him something, then stole it back. That's not legal.

Wyatt fucked around with this message at 16:23 on May 6, 2011

abraxas
Apr 6, 2004

"It's a Yuletide!"




Wyatt posted:

Your story reads like a law school exam: complicated set of facts in which both parties make questionable decisions (making legal resolution challenging). That was the joke. Entris, I am high-fiving you, because that poo poo made me laugh out loud.

Added: As for your question, Abraxas, I am not familiar with German law, but there is a common law concept known as conversion. It's essentially the same thing as theft in the criminal world. You deprived the buyer of something he acquired by agreement, after an exchange of money. In other words, the account belonged to him. So, at least in common law, he would have a legal argument. Now, whether that argument would succeed is harder to say. Intangible goods, like access to a computer character, are something courts have struggled to deal with. This might also be complicated by whatever the World of Warcraft Terms of Service say about selling accounts (or what the eBay TOS says, for that matter).

But the simplified version of the story is that you sold him something, then stole it back. That's not legal.

Alright, then apologies to entris first of all.. shows how much I know about law and lawschool :downs:

Secondly, yeah.. that's what I figured, which is why I decided to just give him the bnet account in question instead of being a confrontational rear end in a top hat and telling him to gently caress off or something along those lines. I suppose I was semi hoping for a clear cut answer along the lines of "Yeah, you might have sold him that stuff but since its an intangible good and WoW ToS yada yada yada" but it's obviously not as easy as that.

entris
Oct 22, 2008

by Y Kant Ozma Post

abraxas posted:

Alright, then apologies to entris first of all.. shows how much I know about law and lawschool :downs:

Secondly, yeah.. that's what I figured, which is why I decided to just give him the bnet account in question instead of being a confrontational rear end in a top hat and telling him to gently caress off or something along those lines. I suppose I was semi hoping for a clear cut answer along the lines of "Yeah, you might have sold him that stuff but since its an intangible good and WoW ToS yada yada yada" but it's obviously not as easy as that.

Ha ha it's ok, it was an inside joke directed at the other lawgoons, I didn't really think you were a law student.

Your situation is pretty complicated to tease out - for one thing, is a wow account a piece of "property" that you own? Or is it a piece of property that you are "leasing" from Blizzard by paying a subscription amount? Or is it just a service (and thus not a piece of property) that Blizzard is providing you for a fee?

If it's a service, then the answer is ???? because we'd have to read through the user agreement from Blizzard and NOBODY on this planet has actually done that. (and, oh god, we'd have to read the one written in German... :psyboom:)

Also I don't think we have any lawgoons who know German law.

thewaablah
Sep 8, 2004

Stay down bitch

Solomon Grundy posted:

There is a way in Ohio to attach an account prior to notice to the debtor. I've done it, but I don't have a cite at my fingertips. The clerk is wrong, but in fairness, it is not his/her job to give legal advice. If you went to the muni court, try the common pleas court, or vice versa. Then attach all three accounts at once.

Edit - see R.C. 2716.13. I think the way I did it was to go over to the clerk's in the morning, file everything, and ask for summons to be prepared for personal service on the bank. Then I took an order up to the judge to get a process server appointed (who went with me), had the process server serve the bank the same day, then arranged certified mail service on the debtor, which took a few days. It was worth the effort for my $100,000+ judgment, your mileage may vary.

This is informational only and not legal advice blah blah blah.

The thing that makes this difficult is I'm in Philadelphia and this is all going through Ohio, so the only contact I have with this clerk is over the phone and through snail mail.

b0nes
Sep 11, 2001
What risks are there if any for giving yourself as a reference for someones bail bond? I know a lady, I won't use the term friend but she is a friend of a friend and I have known her for over 20 years has come into some problems and has been in jail since December. She has a kid at home and needs to be with him. I don't know any of the circumstances but the mutual friend called me and asked me if I would give a reference.

Alchenar
Apr 9, 2008

b0nes posted:

What risks are there if any for giving yourself as a reference for someones bail bond? I know a lady, I won't use the term friend but she is a friend of a friend and I have known her for over 20 years has come into some problems and has been in jail since December. She has a kid at home and needs to be with him. I don't know any of the circumstances but the mutual friend called me and asked me if I would give a reference.

The reference will probably be under oath so don't lie about anything. Other than that there shouldn't be anything bad that could happen to you.

entris
Oct 22, 2008

by Y Kant Ozma Post

b0nes posted:

What risks are there if any for giving yourself as a reference for someones bail bond? I know a lady, I won't use the term friend but she is a friend of a friend and I have known her for over 20 years has come into some problems and has been in jail since December. She has a kid at home and needs to be with him. I don't know any of the circumstances but the mutual friend called me and asked me if I would give a reference.

A reference is probably just you giving your opinion of the person's character. Not sure there are any risks associated with that. They aren't asking you to post the bond for her or put up any of your money, are they?

gvibes
Jan 18, 2010

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

Alchenar posted:

The reference will probably be under oath so don't lie about anything. Other than that there shouldn't be anything bad that could happen to you.
Yeah, this was what I was going to say - just don't lie.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

entris posted:

Ha ha it's ok, it was an inside joke directed at the other lawgoons, I didn't really think you were a law student.

Your situation is pretty complicated to tease out - for one thing, is a wow account a piece of "property" that you own? Or is it a piece of property that you are "leasing" from Blizzard by paying a subscription amount? Or is it just a service (and thus not a piece of property) that Blizzard is providing you for a fee?

If it's a service, then the answer is ???? because we'd have to read through the user agreement from Blizzard and NOBODY on this planet has actually done that. (and, oh god, we'd have to read the one written in German... :psyboom:)

Also I don't think we have any lawgoons who know German law.



It's a service, btw. It's an unresolved, largely unlitigated legal question, and will likely remain so for some time because it's much too expensive to do anything other than settle out. I have no idea how that would work in german law.

Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!
I don't know if this fits this thread or not, but better to try a megathread first than start an unnecessary thread of my own.

What's the legality of leaving advertising on peoples' property (California)? I assume it's legal since it happens all the time, but I'm getting really fed up with all the poo poo that gets dumped:

* On my driveway: The local newspaper is dying and tries to increase their advertising circulation by throwing "supplements" (just a pile of ads and classifieds) in my driveway a couple times a month. I don't even subscribe to the loving paper.

* Attached to my mailbox: I find fliers and coupons and poo poo wedged between the flag and the body of the mailbox, or hung from the flap. I know going into the mailbox would be illegal; what about attaching poo poo to the outside like that?

* On my porch: Door-to-door douchebags litter my porch with their fliers all the time. Also (this might piss me off the most) that useless phone book. They always throw that encyclopedia-size thing right smack in front of the door, and more than once I've stepped out of my house in the evening only to trip over it in the dark. I'm lucky to be rather agile for a fatass and haven't gotten hurt yet, but one of these evenings my 90 year old grandma is going to step outside to call the cat in and end up breaking a hip thanks to this useless biyearly tripping hazard.

* In my goddamn house: Some of those door-to-door douchebags slip their fliers under the door. Practically speaking, it's no more trouble for me than if they left it on the porch, but it just seems 10x ruder.

I'm sure even if some of these things are against the law, it wouldn't be worth the effort of going after each one of these people individually. Is it possible (constitutional?) for a city to ban the leaving of unsolicited advertisements on people's property altogether? (I can understand political and religious speech has stronger protections, but this is commercial.) Anyone ever heard of that happening anywhere before? Maybe I'll try asking the city council to consider a law like that.

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.
In practical terms, there isn't much you can do about it. Legally, you may be able to accuse the people leaving crap of trespassing, and possibly violating littering laws, but that's about it. I guess you could write letters to companies that leave stuff on a regular basis asking them to not come on to your property? Better yet, wait until you trip over a phone book, then hire somebody out of the yellow pages to sue the phone company.

b0nes
Sep 11, 2001

entris posted:

A reference is probably just you giving your opinion of the person's character. Not sure there are any risks associated with that. They aren't asking you to post the bond for her or put up any of your money, are they?

Alchenar posted:

The reference will probably be under oath so don't lie about anything. Other than that there shouldn't be anything bad that could happen to you.
OK thats what I thought...but when we and our friends got together to go over and give the references (we needed 5), the bail bondsman calls us and says we needed to bring our W2's, proof of employment, and utility bills...which spooked everyone, sounds shady because if you just need references why do you need all that extra stuff, plus they said we had to drive to Van Nuys at the last second. so i don't know whats really up and frankly I don't care someone isn't being honest on what we are going there for. My friend is gonna sit in jail for now.
edit: found out she is in deep poo poo. Initally it was $1million bail, she plead to the court got it reduced to $300k. Family raised $5k.

b0nes fucked around with this message at 14:56 on May 7, 2011

entris
Oct 22, 2008

by Y Kant Ozma Post

b0nes posted:

OK thats what I thought...but when we and our friends got together to go over and give the references (we needed 5), the bail bondsman calls us and says we needed to bring our W2's, proof of employment, and utility bills...which spooked everyone, sounds shady because if you just need references why do you need all that extra stuff, plus they said we had to drive to Van Nuys at the last second. so i don't know whats really up and frankly I don't care someone isn't being honest on what we are going there for. My friend is gonna sit in jail for now.
edit: found out she is in deep poo poo. Initally it was $1million bail, she plead to the court got it reduced to $300k. Family raised $5k.

That 5K better go towards an attorney's fees. Better raise more money.

JohnnyHildo
Jul 23, 2002

b0nes posted:

OK thats what I thought...but when we and our friends got together to go over and give the references (we needed 5), the bail bondsman calls us and says we needed to bring our W2's, proof of employment, and utility bills...which spooked everyone, sounds shady because if you just need references why do you need all that extra stuff. . .

The bondsman wants to make sure the references are reliable and responsible. He's essentially issuing insurance based on the word of five people he knows nothing about. Before he puts his money at risk, the bondsman wants to make sure that the references are somewhat reliable and responsible.

Serash
Mar 1, 2007
Are there any lawyers in the NJ/Central Jersey area on here? I have some questions about a DWI case.

Soylent Pudding
Jun 22, 2007

We've got people!


Serash posted:

Are there any lawyers in the NJ/Central Jersey area on here? I have some questions about a DWI case.

Get a laywer.

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."

b0nes posted:

OK thats what I thought...but when we and our friends got together to go over and give the references (we needed 5), the bail bondsman calls us and says we needed to bring our W2's, proof of employment, and utility bills...which spooked everyone, sounds shady because if you just need references why do you need all that extra stuff, plus they said we had to drive to Van Nuys at the last second. so i don't know whats really up and frankly I don't care someone isn't being honest on what we are going there for. My friend is gonna sit in jail for now.
edit: found out she is in deep poo poo. Initally it was $1million bail, she plead to the court got it reduced to $300k. Family raised $5k.
Knowing what I know about bail in CA, if it was dropped to $300k, she's accused of something pretty serious. They clearly are trying to use you to help secure that as $5k is no where near what you need for a $300k bond (you'd need $30k, maybe a bit less). A 300k bond is a pretty big deal for a bondsman so he's going to want to secure that.
http://www.lasuperiorcourt.org/bail/pdf/felony.pdf
Seriously, she's either in for an extremely serious assault, sex crime, or had many kilos of drugs on her.
In reference to what someone else said, don't fall into the private lawyer trap. LA county has one of the best public defender systems in the nation. If she can qualify for a PD, she should take the PD. If she doesn't she's going to need far more than $5,000 for a defense. Factor in $50k or more if she's going to trial. And you should assume she's going to trial. An attorney who knows their client can't afford trial can't push as hard for the best deal.

nm fucked around with this message at 23:20 on May 7, 2011

|Ziggy|
Oct 2, 2004
Quick apartment lease question:

The first page of my "Apartment Lease Contract" says my new higher monthly rent and has a place for me to initial. Towards the back there is a page labeled, "Lease Addendum for Rent Concession or Other Rent Discount," that shows my old lower rent and discount and requires a signature. I believe these are the only two places that address the rent.

I will probably just inform them of their mistake, but if I were to be shady about it, could I pay my old rent legally? If I signed the lease as is and something came up later that they tried to screw me on, could I pull the lease out and say they've been overcharging me? I guess I'm wondering what is more legally binding; initialing or a signature?

I'm sure I will be paying the new rent anyway, but was curious. I know this is very vague without seeing the lease, but if you could provide a general assumption I'd be grateful.

BonerGhost
Mar 9, 2007

I know trees/property line issues have been addressed somewhat.

My mom lives in Pottawattamie County, Iowa, and her neighbors have a tree that has limbs overhanging into her yard. I understand she is allowed to have those limbs trimmed as long as it doesn't harm the tree. I'm curious of the right to trim those branches constitutes an obligation. Plus, part of the base of the tree seems to be over the property line into her yard. Does a surveyor or someone have to come out to draw out the property lines and determine who owns the tree?

An agent with her current insurance company says that my mother is liable for any damage to her property if the whole tree comes down, but her previous insurance company claimed the neighbor was liable. It seems crazy to be liable for damage without having the authority to remove the hazard in the first place.

Soylent Pudding
Jun 22, 2007

We've got people!


|Ziggy| posted:

Quick apartment lease question:

The first page of my "Apartment Lease Contract" says my new higher monthly rent and has a place for me to initial. Towards the back there is a page labeled, "Lease Addendum for Rent Concession or Other Rent Discount," that shows my old lower rent and discount and requires a signature. I believe these are the only two places that address the rent.

I will probably just inform them of their mistake, but if I were to be shady about it, could I pay my old rent legally? If I signed the lease as is and something came up later that they tried to screw me on, could I pull the lease out and say they've been overcharging me? I guess I'm wondering what is more legally binding; initialing or a signature?

I'm sure I will be paying the new rent anyway, but was curious. I know this is very vague without seeing the lease, but if you could provide a general assumption I'd be grateful.


Can you explain this in more detail please? Did you ever talk with them about the new rent rates or did they tell you anything about which rate applies? It sounds like you're renewing your lease, they raised the rents and you are grandfathered in with your old rent? Also, what state are you in?

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|Ziggy|
Oct 2, 2004

Soylent Pudding posted:

Can you explain this in more detail please? Did you ever talk with them about the new rent rates or did they tell you anything about which rate applies? It sounds like you're renewing your lease, they raised the rents and you are grandfathered in with your old rent? Also, what state are you in?

This is in Texas. I'm renewing my lease and the rate is going up $30 per month and they just mistyped the new lease agreement. I'm not grandfathered into anything. It's not terribly important if you don't know, I was just curious.

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