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You might want to google Cooks Source magazine and consider the general wisdom of your plan. Spoiler: It was an ad-supported magazine that got caught stealing recipes from blogs and websites, and was crushed under the weight of an outraged populace. It no longer publishes or exists. If you google the former editors name, you get pages of results about what a plagiarizing jerk she is (probably not helpful for her career) I am not a lawyer and am not saying anything about its legality, just that it has proven to be a terrible idea for people in the past.
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Dec 26, 2011 17:22
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Ashcans posted:You might want to google Cooks Source magazine and consider the general wisdom of your plan. Spoiler: It was an ad-supported magazine that got caught stealing recipes from blogs and websites, and was crushed under the weight of an outraged populace. It no longer publishes or exists. If you google the former editors name, you get pages of results about what a plagiarizing jerk she is (probably not helpful for her career) I appreciate that (I hadn't read about it before). I can't help but wonder how much backlash was due to his hubris, but I will certainly include sources now (and receive permission first). Oisin fucked around with this message at 22:26 on Dec 26, 2011 |
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Dec 26, 2011 22:22
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Oisin posted:I want to construct a commercial recipe database (in Canada). The following are my questions: Edit: Never mind, totally missed you were in Canada.
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Dec 27, 2011 00:33
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Alright, I have a question for you guys. My dad just died last week, and didn't have a will. He made his wishes known, so there's not going to be any in-fighting among the family, but there's nothing legal showing it. I'm wanting to make myself the Administrator of Estate mainly so I can close his bank account, transfer the money into my own, and to change the title on the two vehicles he owned in to my name. I called the courthouse (I live in Louisiana, by the way) to see what papers I needed to get the ball rolling, and they told me to ask a lawyer or research it myself. There is no way in hell I can afford a lawyer, so I tried to look in to it myself. It seems though, that if I become the AoE, I take on all of my dad's debts as well as all of his credits. There's no way I can afford that either (I'm a poor college student, and he had hundreds of thousands he owed people. He had a big mortgage and almost all of his credit cards were maxed). I've been told, however, that debts don't get inherited (for lack of a better word) and so I wouldn't be responsible for them. So I guess my question is, is there a way for me to get my dad's accounts put into my name without me taking on his massive debt? Also, if there is, what documents do I need to get all that going?
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Dec 28, 2011 21:05
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Your dad's estate will pay the lawyer, not you, in all likelihood. So call a lawyer, tell her your story. But for god's sake call a lawyer. Ceveat: I do not know Louisiana law.
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Dec 28, 2011 21:18
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Soysaucebeast posted:Alright, I have a question for you guys. How many of your Dad's kids were alive at his death? Were any of his kids minors or are you all adults? Was your dad married, and did his wife survive him? What is the value of your dad's entire estate, and what is the total value of his debts? Were any of these debts for medical care? Did he receive Medicaid benefits while alive? Generally, to become the administrator, you go down to the courthouse in the county where your father died and get yourself appointed. You usually have to bring the death certificate with you, along with your checkbook (because there are usually some court fees). In my state, you have to get a surety bond in place, which means calling up the local bond insurance company and arranging for one of their representatives to meet you at the courthouse. In my state, you call the clerk of the court to get the phone number for the local bond insurance companies. Once you pay the bond premium and have the bond insurance, you take proof of that insurance along with the death certificate to the clerk, who then has you swear an oath and then you are administrator. As administrator, you then go to the bank and open up an estate account. Then you go to your father's bank and transfer his funds into the estate account. You can also title the car in the name of the estate, but automobiles are a little tricky due to DMV rules and things. Once you have collected all of your father's assets as administrator, you have to figure out whether he has enough money to pay all of his debts. If he does, then you pay all of his debts off before distributing anything to his heirs. If he owes more than he is worth, then you have to figure out which debts take priority over other debts - for example, unpaid state income taxes will usually be paid before credit card debt. You also need to look into certain exemptions or exclusions which allow a certain amount of money to pass to his family without any creditors getting to it. In my state, for example, a surviving spouse can get a portion of the estate even if the estate owes more than it is worth. As administrator, you are not individually responsible for your father's debts - although you can make yourself liable by improperly distributing out the estate assets before paying off debts. It sounds to me that your father's estate is probably insolvent. You should probably figure out whether any members of your family are eligible to take some of the exemptions or exclusions that I already mentioned. I don't know Louisiana law so I have no idea which ones exist down there, but it's worth asking the clerk of the court. euphronius posted:Your dad's estate will pay the lawyer, not you, in all likelihood. So call a lawyer, tell her your story. But for god's sake call a lawyer. What euphronius says is true - any lawyer you hire will be paid out of the estate funds. In most states, lawyers' fees are one of the first things to be paid, so most lawyers will take on probate work because they almost always get paid at least something. If the stuff I said was over your head, definitely ask the clerk's office for the names of some of the local probate attorneys.
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Dec 28, 2011 21:22
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The one thing you are absolutely not going to be able to do is just transfer his assets into your name and walk away from his creditors. This will get you in trouble.
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Dec 28, 2011 21:33
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I plan to call a lawyer first thing in the morning, I found a local one that will work for cheap, and I'll explain everything to him. As for the questions, I'm an only child, I'm a legal adult (I'm 24) and my dad was divorced. So it's really just me an his siblings to work through all of this, and none of us are particularly well off. As for my dad's assets, I think he has a whole 200$ in a checking account, a van worth about 800-1000$ (I haven't had it checked out yet) and a car (that is essentially mine. I'm the primary driver and make the payments) that is in his name. He owes people a lot of money. He owes about 500$ on the car (that I will pay regardless), roughly 20.000-25.000$ in credit card debt, and -a lot- on his mortgage (he lost his job, ran out of money, and the unemployment couldn't cover all his bills, so he just up and left in his van without even trying to make a payment plan on his house). So once I use his assets to make a dent in his debts, will I be liable for the rest of them? Because that is absolutely out of the question financially for me and my aunts/uncles. Soysaucebeast fucked around with this message at 22:23 on Dec 28, 2011 |
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Dec 28, 2011 22:08
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Soysaucebeast posted:So once I use his assets to make a dent in his debts, will I be liable for the rest of them? Because that is absolutely out of the question financially for me and my aunts/uncles. No. His creditors will have to fight over his few assets. It sounds like you are going lose that car you are driving around, if it is in your father's name. Even if you make the payments and are the driver, if it's in his name, his creditors will try to take it. I dug around a little bit in the Louisiana Civil Code to see if you could take advantage of any sort of exemption or exclusion so as to keep the car, but I couldn't find anything. Of course, Louisiana's Civil Code was written and arranged by moon people, and I am not proficient in moon language, so there may still be something. (But I doubt it). God I forgot how weird Louisiana's legal system is. GAH. entris fucked around with this message at 22:34 on Dec 28, 2011 |
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Dec 28, 2011 22:25
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entris posted:God I forgot how weird Louisiana's legal system is. GAH. I've always been curious about Louisiana's Civil Code, but have never gotten anyone to explain it to me beyond "Napoleon  ."I know it's based on the Napoleonic Code, but don't know exactly what that means. I would really appreciate a quick and dirty overview of the civil code if anyone is willing to provide one. Is there really no stare decisis? What do Judges have the power to do? How can a criminal system based on a civil code provide adequate Constitutional protections? etc.
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Dec 28, 2011 23:21
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BgRdMchne posted:I've always been curious about Louisiana's Civil Code, but have never gotten anyone to explain it to me beyond "Napoleon I couldn't tell you, but my quick jaunt through the statutes was pretty amusing. The language they used when drafting the civil code is straight moon language - go check it out.
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Dec 28, 2011 23:43
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BgRdMchne posted:I've always been curious about Louisiana's Civil Code, but have never gotten anyone to explain it to me beyond "Napoleon My understanding is that they take reported decisions, then codify them into law in batches so they have presidential value, but I've really only had cursory experience with it. It's bizarre, and title questions in that state sometimes have to go back to before the Louisiana purchase.
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Dec 29, 2011 04:02
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Tojai posted:I purchased a car in Illinois and moved to Texas. Two questions - first when I went to register the car they asked me if I wanted to apply for a Texas title (I own the car free and clear and have an Illinois title). Is there a purpose for doing this? I was just under the impression that the title was solely for the purposes of showing ownership - do I need to get the car titled here? I'm not planning on re-selling it or anything. quote:Secondly, after I registered if I received Texas license plates. A look at Illinois law shows that I am not required to surrender my old plates, but recommended to either destroy or recycle them. I was planning on just defacing them with a Sharpie and getting rid of them (also recommended online), but my husband thinks this is a bad idea in case they were retrieved from the garbage and used by someone else. Is there any liability (or potential for wasting time/money) if someone took them? I'd rather just pitch them but he wants me to store them. Not a huge deal either way, I just hate clutter and would rather be rid of them.
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Dec 29, 2011 05:17
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Green Crayons posted:Yes, you do: so Texas doesn't fine you for failing to abide by their vehicle requirements. New Resident Requirements. That's a good reason, thanks. Would have been nicer if the DMV were clearer about that but I have a few months to get it done so no harm no foul I suppose.
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Dec 29, 2011 17:05
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vvv e: Well, I dunno, I guess there's gotta be a way to ask it without doing that? I'll think about it and try again.
Bad Munki fucked around with this message at 22:19 on Dec 30, 2011 |
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Dec 30, 2011 22:10
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Don't make pre-emptive confessions on the internet.
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Dec 30, 2011 22:17
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Not sure how to ask the question without at least laying some of the situation out there.
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Dec 30, 2011 22:17
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Ok, let me rephrase. Don't ask this question on the internet. e: or at least use hypothetical third persons in hypothetical scenarios
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Dec 30, 2011 22:20
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Let's just go with that, then. I really don't think anything is going to come of this anyhow: Say a guy was at a bar and slapped someone on the rear end on the way out. An argument ensued on the street, nothing physical and no police were involved at the time. If the person on the receiving end decided to press charges, what would they likely be and what would the likely result of those charges be, assuming a first-time offender with absolutely no history? (If that's still not okay I'll just nuke this as well and move on...thanks either way.)
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Dec 30, 2011 22:25
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Worst case? In california, Sexual Batteryquote:)Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. More realistically, probably battery, maybe with some sort of disposition that got the charge dismissed after a while. Depends on who this "hypothetical person" slapped, the context, and the DA.
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Dec 30, 2011 22:40
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Bad Munki posted:Let's just go with that, then. I really don't think anything is going to come of this anyhow: In Oklahoma, it could be Sexual Battery, which carries up to 10 years in prison and requires lifetime sex offender registration. But don't freak out. As a practical matter, the worst that's liable to happen is misdemeanor probation, assuming that a charge gets filed at all, that the guy has no criminal history and no history of uncharged sex offenses, that there aren't other facts that make things look worse. Just tell him to cut back on the alcohol and keep his hands to himself. e: Is there an echo in here? joat mon fucked around with this message at 23:11 on Dec 30, 2011 |
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Dec 30, 2011 23:08
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I desperately need some SERIOUS legal aid involving tenant laws. My slumlord of a former landlady is trying to screw us out of $200, $100 via overcharging us in our last month's rent, $100 out of our $500 security deposit. I live in the State of California, so that's what this concerns. I have no active lawsuit, and I have taken no formal legal action against her... yet. I'm asking the questions I am because it would be a lot of time and money that I'd have to work out to do this, and if it's entirely not worth it, then I'm not going to do anything. This isn't anything involving a crime I've committed or anything. We originally moved into a studio apartment in the complex my mom lives in. My mom acted as "manager", meaning she'd collect the rent and write out the receipts and hand them off to our landlady. The property is jointly owned by a divorced lesbian couple whom I will call Cat and Molly. When the divorce occurred, they split the properties they owned, so that Cat handled rent and rentals on half the properties while Molly handled maintenance and repairs, and vice-versa for the other half. In the divorce, Cat got our property. We took over the property from Molly's now ex-girlfriend. Cat released her security deposit to her and promised us that the apartment would be in safe living condition for us and our newborn son. When we got up there, it was filthy, and my mom had to clean up the place before we got in there, so it was the complete opposite of safe living condition. The neighbors on the other side of the building, occupying the only 1-bedroom on the 2nd floor, moved, and we took their apartment. Again, the apartment was not in livable condition. The blinds in the bedroom were broken, the grease trap above the stove was clogged, the sinks and shower drain were clogged, and the oven was covered in burnt-on crap that even my best efforts at scrubbing with Brillo pads and oven cleaner couldn't fix. We used the oven all of twice, and only to cook things that wouldn't spill, and only ever on a cookie sheet. Again, my mom (and this time my mother-in-law as well), cleaned it before we moved in. My mother-in-law moved into our old studio apartment. She added nothing to it other than furniture, did not put anything on the walls, nothing. We had patched the nail-holes in the walls from our pictures, and my mom went through before she moved in and cleaned it for my MIL. Now, when we moved into the 1-bedroom, our landlady passed on the security deposit to our new apartment. My mother in law did NOT pay a security deposit on the apartment, as she moved out before Cat could set up the terms for that. She only stayed there once every two weeks when she was coming to visit. As well, we paid our entire first month's rent without Cat prorating anything for us. We paid the entire thing in full, and had our rent due on the 6th of every month, with a 3 day grace period. Cat had tried to screw us before (putting a lock box over the AC/Heat unit for the entire upper floor so that she could leave it at 65 degrees in the winter and 80 degrees in the summer, despite the fact that there were 2 children under the age of 1 living on the upper floor, and the fact that the thermostat was broken and in Celsius. I have since found out that this is illegal), and now she is trying to screw us out of money. Cat charged us about $100 over what we should have paid for rent for our "final month". Our rent was due on the 6th of December, and as stated in our 30 day notice, we would be leaving on the 10th and would leave the apartment in livable condition. She charged us from the 1st of the month to the 10th, instead of from the 6th of the month, when our rent was due, in accordance with our rental agreement. We had paid in full for 6th November-6th December already, so she forced us to pay for 5 days of rent over again. She is also now saying that the security deposit she owes us, in the sum of $500, is going to be docked by $100 because it "covers both apartments", meaning our 1-bedroom, and my mother-in-law's studio. We HAVE NOT LIVED in the studio for at least 10 months, and my mother-in-law did not pay a security deposit, and she was the last tenant in the studio. Cat is also demanding pictures of the state of our 1-bedroom before we cleaned that do not exist. We have them from after we cleaned the first time. I naively didn't take pictures of the place beforehand because Cat did a guided walk with us through the apartment before we moved in and saw the condition first-hand. I can attest to it, my fiancee can, and my mother can, as we were all with her. So, short story is, my old landlady is trying to hold us liable for the condition of an apartment we were not the last tenants of, is trying to state that our security deposit is to cover an apartment that we were not the last tenants of, and is trying to get away with charging us for 5 days of rent that we have already paid. What I have in evidence is our rental agreement for the studio back when we lived in it with the stated $500 security deposit, the rental agreement for the 1-bedroom that states the due-date for our rent and the fact that the security deposit was transferred from one apartment to the other, rental receipts for EVERY month we lived in both apartments, and the receipt for the $500 security deposit when we originally paid it. So, is there anything I can do about it with what I have? Is there any way that we can get our money back? Would I have to find a lawyer, or can I represent myself in civil small claims court? I really have no idea what I'm doing here, so any help is greatly appreciated.
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Dec 31, 2011 03:02
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Small claims court in CA is pretty awesome and no lawyers are allowed.
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Dec 31, 2011 03:08
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nm posted:Small claims court in CA is pretty awesome and no lawyers are allowed. Agreed. I took our landlords to small claims in CA and it was a pretty easy process. Anything you could ever want to know about landlord tenant law in CA is online start here http://www.dca.ca.gov/publications/landlordbook/
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Dec 31, 2011 05:26
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Question about North Carolina landlord and tenant law. According to my lease my $200 security deposit which was reportedly used for damages to the premises (which I believe to be a bogus claim and am currently disputing these claims) is/was not being held is a proper trust account according to North Carolina Law. The lease explains that security deposit would be held at a bank in Washington state. § 42-50. Deposits from the tenant. Security deposits from the tenant in residential dwelling units shall be deposited in a trust account with a licensed and insured bank or savings institution located in the State of North Carolina or the landlord may, at his option, furnish a bond from an insurance company licensed to do business in North Carolina. The security deposits from the tenant may be held in a trust account outside of the State of North Carolina only if the landlord provides the tenant with an adequate bond in the amount of said deposits. The landlord or his agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where his deposit is currently located or the name of the insurance company providing the bond. (1977, c. 914, s. 1.) Noting that NC law requires these deposits to be held in a NC bank is this in breech of the the Security Deposit Act of NC? No bond or evidence of any such bond is outlined in the lease. Also, does my signing of this lease outlining that it would be held in a Washington bank forfeit my protection under this Act? Edit: Moving to Tennessee seems like it's going to make it increasingly difficult for me to fight this, as my access to the small claims court in NC is limited. I believe my landlord is trying to take advantage of this by charging me for replacement of the carpet (over $1100) due to damages that were not brought up or even discussed as being a potential problem during the walk through before we vacated (and damages that I believe to be bogus). Unfortunately I may have hosed myself in that I did not take any pictures of the apartment before we moved out since no damages were brought up during the walk through. Edit2: And to add to the tomfuckery my landlord sent the notice of the owed damages in a Piedmont Natural Gas mailing envelope. The property has zero association with this company. Axium fucked around with this message at 18:46 on Dec 31, 2011 |
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Dec 31, 2011 18:35
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Question: Yesterday, Dec. 30th, was payday. The checks are dated Jan. 2nd, 2012. That's a bank holiday, so I won't be able to deposit it until the 3rd. The pay period on the check is for 12/11-24. I am in Chicago, Illinois. Is this illegal or just scheisty as hell?
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Dec 31, 2011 21:25
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QuelleFuck posted:Question: Yesterday, Dec. 30th, was payday. The checks are dated Jan. 2nd, 2012. That's a bank holiday, so I won't be able to deposit it until the 3rd. The pay period on the check is for 12/11-24. I am in Chicago, Illinois. Not a lawyer, but I deal with payroll. Looks like in Illinois companies have until 13 days after the end of the pay period to distribute paychecks. http://www.state.il.us/agency/idol/faq/qawage.htm Postdated checks are weird though. Some banks don't care and will let you cash/deposit them anyway. Did they tell you why they did that? It could be scheisty as hell (they collect an extra three days interest) or it could be they won't have enough money to cover payroll until the third.
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Dec 31, 2011 22:36
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Yeah, I saw that 13 days thing too. The check was distributed well before the deadline, but I'm pretty sure it's specifically illegal to pay with a check that can't be cashed without fees (my bank, at least, charges a fee for postdated checks). I've emailed the Illinois Dept of Labor about it, just so I have a paper trail in the event that something comes of this. This company is scheisty in general. They do deductions for AFLAC coverage, and a little while ago a bunch of my coworkers got bills from AFLAC for, like, two months of coverage. They also deduct unpaid breaks that never get taken, but that's SOP in the restaurant industry from what I've seen. I'm looking for a new job.
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Dec 31, 2011 22:45
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QuelleFuck posted:Question: Yesterday, Dec. 30th, was payday. The checks are dated Jan. 2nd, 2012. That's a bank holiday, so I won't be able to deposit it until the 3rd. The pay period on the check is for 12/11-24. I am in Chicago, Illinois. It depends, my union (The fact that we have a attoney's union is pretty sweet) contract specifies when I get paid by. You probably don't have a union contract, but you may have some other terms of employment. Otherwise, it will be limited by the law. Or you could just cash the check. Post-dating only works if they notify the bank properly.
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Dec 31, 2011 23:28
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Edit: poo poo, sorry, there's a whole extra page in this thread, ignore me.
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Jan 1, 2012 11:54
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nm posted:The fact that we have a attoney's union is pretty sweet) contract specifies when I get paid by. Do you mean an actual union of and for attorneys? I am filled with wonder and even a dash of hope if so.
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Jan 1, 2012 19:41
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ibntumart posted:Do you mean an actual union of and for attorneys? I am filled with wonder and even a dash of hope if so.
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Jan 2, 2012 00:21
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nm posted:Yes. We're government employees though. That is not as surprising, then (or hope-inducing, but ah well, I'm starting my own practice next year anyway).
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Jan 2, 2012 01:11
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A friend of mine is looking to go to court with her former roommate over unpaid rent (under $10k). In Texas and not having much money or experience with anything legal related. Are there any specific websites or info I could read through to help her understand how to best get her money back? Quick google searches come back with http://www.texaslawhelp.org/TX/index.cfm which seems to detail things well. Any other resource I could pour over? Edit: Think I'm good, got info more from PM. Thanks! Age of the Atomic Mom fucked around with this message at 02:45 on Jan 4, 2012 |
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Jan 4, 2012 02:27
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Question Whats the cheapest way one can foreclose on a tenant who isnt paying (we are the mortgagee) and can the paper work be easily done without a lawyer? Edit: Can the person who is foreclosed be forced to pay the fees it takes to foreclose on them in court? Kneel Before Zog fucked around with this message at 01:33 on Jan 5, 2012 |
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Jan 5, 2012 01:30
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Kneel Before Zog posted:Question Whats the cheapest way one can foreclose on a tenant who isnt paying (we are the mortgagee) and can the paper work be easily done without a lawyer? Are they a tenant or a mortgagor? If tenant, you can probably evict them through small claims court without an attorney. If motgagor, you probably need to get an attorney to do the foreclosure.
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Jan 5, 2012 01:41
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I tried searching for this because it seems like it should be a common issue...but I guess I just don't quite understand all the caveats of law. My friends and I are running a sports editorial blog, pretty standard stuff with approximately 10 readers haha. Anyway we've kind of been avoiding the whole 'sports images' thing since everything is copyrighted and AP/Getty images are hilariously expensive. My question is do we have absolutely no legal ability to use, say an NFL image, that we find on the net in one of our articles? Assuming we claim no ownership, don't want to edit, but we do have ad's on the site (if that even matters).
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Jan 5, 2012 19:19
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Can I ask minor questions about the forms for a name change in this thread or is there a more appropriate one?
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Jan 5, 2012 22:07
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We are the mortagee in this case. The guy knows it will take us time and thousands of dollars to kick him out, so hes living their for free and has been for three months. Whats the best possible results I can hope for when foreclosing? How many months/cash will it take minimum and what are my chances of going after him for the costs? Edit: This is in Florida. Kneel Before Zog fucked around with this message at 03:20 on Jan 6, 2012 |
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Jan 6, 2012 02:59
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ChiTownEddie posted:I tried searching for this because it seems like it should be a common issue...but I guess I just don't quite understand all the caveats of law. I am not your lawyer, consult someone who is for actual legal advice, etc. The use you're proposing infringes on copyright. The question is whether it's a fair use (I subscribe to the "fair use is an affirmative defense to infringement" school of thought, because it makes more sense in my head, even though policy-wise as a matter of burdens of proof it really ought to be a barrier plaintiff has to overcome to show infringement, not a burden shifted to the defendant after the plaintiff shows prima facie infringement and blah blah blah anyway) and, and the answer is... well, it depends. Fair use being notoriously fact-specific and all that, I'm not going to discuss your case, because doing so would probably constitute giving you legal advice. Instead, I'll note that news reporting is one of the prototypical fair uses, that one of the fair use factors is the market for sale/licensing of the work, and the fact that AP/Getty sports images have a tremendous licensing market. I'd also add as a practical matter that most of the time the blogs that use sports images get away with it, and that when they do get yelled at, they just get asked to take down the images and stop doing it, they don't get sued.
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Jan 6, 2012 04:18
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