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spog posted:They didn't steal from you, so there is little you can do. I just don't even.... Call the police.
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Jun 1, 2012 16:00
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woozle wuzzle posted:I just don't even.... Agreed. OP, if your main interest is stopping this vendor from stealing from other people, alert the police.
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Jun 1, 2012 16:12
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entris posted:Agreed. OP, if your main interest is stopping this vendor from stealing from other people, alert the police. This is Atlanta, the cops don't care about dumb poo poo like this. They can't even stop the homeless people from pissing on my building in the morning. They are too busy on their motorcycles pulling people over for making illegal right turns at traffic lights. I Guarantee it would be a waste of my time.
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Jun 1, 2012 17:33
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Xistaben posted:This is Atlanta, the cops don't care about dumb poo poo like this. They can't even stop the homeless people from pissing on my building in the morning. They are too busy on their motorcycles pulling people over for making illegal right turns at traffic lights. ...and your proposed plan of action isn't? Going to the police is going to have a small but nonzero chance of success. Your proposed plan has about the same chance of success, but will take longer and require more effort. Going to the police, as ineffectual as that may be, is still a better use of your time than your original plan.
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Jun 1, 2012 18:02
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woozle wuzzle posted:I just don't even.... First step is to call your bank and inform them of the fraud. As part of their fraud investigation, you will have to sign an affadavit confirming that the charge on your card is nothing to do with you. The card company then can use that affadvit in the fraud investigation and the ensuing police action. Once you sign the affadavit and the card issuer removes the charge, it is no longer your problem: the fraudster commited the crimal act against the card issuer, not you. The police will be only interested in dealing with the victim. I am sure that the forms the card issuer gave you spells this out. EDIT: doing a bit more research, it seems some issuers request that you also file a police report along with the affadavit, while most of them do not. spog fucked around with this message at 18:19 on Jun 1, 2012 |
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Jun 1, 2012 18:03
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^^ He already did that. His next step is to call the police and file a police report. Like that's the answer, I don't know what else to say.Xistaben posted:This is Atlanta, the cops don't care about dumb poo poo like this. They can't even stop the homeless people from pissing on my building in the morning. They are too busy on their motorcycles pulling people over for making illegal right turns at traffic lights. You asked for advice from lawyers, you got it. You can call the police and file a report that might impact the vendor, or you can do whatever else and 100% not impact them. (Edit: and even if your Mcguyver plan worked to trap them, what do you do with that hot info? Call the police. So if you've decided the police won't do anything, then you've got your answer either way) woozle wuzzle fucked around with this message at 18:44 on Jun 1, 2012 |
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Jun 1, 2012 18:34
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woozle wuzzle posted:^^ He already did that. His next step is to call the police and file a police report. Like that's the answer, I don't know what else to say. That's why I asked up front if my plan was even worth the time and effort. Since it isn't, my best course of action is let the bank deal with it. That is more than likely what the police are going to tell me to do anyways. I can't imagine my case being super special to Atlanta PD when they most likely have a stack of 700 reports in a file somewhere deep in a basement. The bank is doing it's own investigation, I just figured this could maybe help.
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Jun 1, 2012 18:59
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Yeah, yer probably right. Assuming the police will do nothing and that the bank will "investigate" is the right thing to do. You're the only witness and didn't file a police report, but I'm sure the bank's crackerjack team will be OK. I'm a lawyer that lived in Atlanta, experienced fraud there and know the answer, but your guesses are probably right. All these police reports just go into some warehouse like the end of "Raiders of the Lost Arc", so don't bother. I mean if the vendors ever got into serious legal trouble, who would look up their report history and follow up? The cops? HAHA not likely.
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Jun 1, 2012 19:19
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I am going to preface this with a story. This is from a friend of mine that owns a sandwich store: quote:To the crazy loving woman that just poo poo all over our bathroom, then stuffed the toilet with paper towels, and then locked the door so we wouldn't fin it until after you left- I hope you die a horrible loving death. So i guess my question is "is there a law against pooping on the floor?" I guess I don't care very much about the answer so much as about being able to ask you all this question.
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Jun 1, 2012 19:59
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Sounds like she is on bath salts.
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Jun 1, 2012 20:03
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EAT THE EGGS RICOLA posted:So i guess my question is "is there a law against pooping on the floor?" Why not call or email your local police department, since laws vary from place to place, and ask what would happen if you went to wal-mart and pooped on the floor. Better yet, stop by and ask in person. That way they can't put you on hold, so you get your answer faster.
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Jun 1, 2012 20:21
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You need to be visibly straining as you ask. /\ /\ /\ /\ /\ EAT THE EGGS RICOLA posted:I am going to preface this with a story. Not specifically, but it would fit under several laws. The first or fourth listed below would be most likely. -any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, including but not limited to urination in a public place, -Every person who maintains or commits any public nuisance -Every person who, without justifiable or excusable cause, willfully commits biochemical assault against another person -Every person who maliciously injures, defaces or destroys any real or personal property not his or her own -Any person who deliberately places, throws, drops, dumps, deposits, or discards any garbage, trash, waste, rubbish, refuse, debris, or other deleterious substance on any public property or on any private property of another without consent of the property owner e: assuming you're in Oklahoma. When I was in school, my wife worked at a convenience store chain. One night two drunk girls decided it you be fun to take a dump in the sink. The sink came out of the wall and smashed. A cop was there getting coffee. Somebody's daddy got called. The sink got paid for. joat mon fucked around with this message at 20:29 on Jun 1, 2012 |
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Jun 1, 2012 20:26
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I'd also note that based on her conduct the police might subject her to a mental health hold (5150) as pooping on floors may cause a danger to herself and others.
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Jun 1, 2012 22:22
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joat mon posted:You need to be visibly straining as you ask. One hand also needs to be making an attempt to hold it in.
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Jun 2, 2012 03:33
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chemosh6969 posted:One hand also needs to be making an attempt to hold it in. dancing up and down while shifting your weight from one foot to the other
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Jun 2, 2012 05:36
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I have had a situation recently crop up and I could use some knowledge/reassurance of the legal variety. Ever since I was a child it's been understood that my great great grandmother's rocking chair would be passed down to me. Unfortunately, this was never written out anywhere but "everyone knew." My great aunt/godmother, Rose, had it. When Aunt Rose got older and infirm, the chair was taken to my paternal grandmother (her sister's) house to be stored in the basement. Grandma immediately realized her basement was too wet to store it for long so instead it was stored at my other, maternal, grandmother's house. This happened at least eight years ago. Aunt Rose also passed away last year. I know, I should've found a way to get it out of grandma's house sooner. I live in Arizona (Mohave County) and my grandmothers are both in Pennsylvania (paternal in Butler County, maternal - where the chair is - in Crawford). It'd be pretty pricey to ship, though. And for some reason, I'd planned on bringing it to Arizona if I ever managed to get pregnant (a whole other issue). Well, now my father recently moved back to Pennsylvania from Colorado. He's inexplicably obsessed with this rocking chair, saying it's his and he's going to get my grandmother to sign over Aunt Rose's power of attorney to him and then go to the maternal grandmother's house and take it. Now, I do know a few basics about legal documents (I work for the county recorder's office) and I know that a power of attorney is only good for the time specified on it and/or until the person it was written for has passed away (which Aunt Rose did). Right? I have borrowed some money from my in-laws and my grandmother is going to ship it to me. Will my father have any recourse? Also, since the chair has been in my maternal grandmother's possession for over eight years, is it considered hers/abandoned there? Since dad and my mother got divorced three years ago, he's become...I don't know. I don't know him anymore. I won't get into the E/N version of it but it might be pertinent here to say that since the divorce, he's taken my mother to court on several frivolous (and mostly immediately dismissed) charges...mostly bogus "contempt of court" ones. In fact, the judge they had in Colorado actually told him at the last hearing that if dad pulled one of those frivolous charges again, that dad would be charged with...I think it was harassment. He hasn't since then but he's found other ways to mess with us. God only knows why. I don't. He's on meds for a few psychoses (depression, I think? and/or PTSD?) (There was also a gun that the El Paso County Sheriff's office gave to my mother when my father was arrested and then sentenced on felony charges. Mom, being uncomfortable with guns, gave it to my husband...legally transferred via guns stores, etc. Dad is also obsessed with getting this gun back and thinks if we send it to his sister it'll be OK and we/he won't get in trouble for a felon owning a firearm. This is a non-issue because there's no way we're sending it to "his sister," I just wanted to add this to illustrate the frame of mind he's in. Why he's obsessed with my rocking chair is beyond me except that he's just...I don't know, manipulating me or just...I wish I knew.) This has been stressing me out far more than it should be. 
Monkey Hat fucked around with this message at 20:58 on Jun 2, 2012 |
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Jun 2, 2012 20:32
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Kallisti Applecore posted:I have had a situation recently crop up and I could use some knowledge/reassurance of the legal variety. Did Aunt Rose have a will of any sort?
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Jun 2, 2012 22:03
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Incredulous Red posted:Did Aunt Rose have a will of any sort? I don't think so, I'm asking. But a quick search at the Butler County Recorders website for her name only shows two documents: said PoA and a Warranty Deed to transfer her house to someone else (not to my dad). EDIT: I seem to be going in circles looking for a copy of the probated will online. I don't see it on the Butler County official website...and their search function seems to be faulty. Monkey Hat fucked around with this message at 23:25 on Jun 2, 2012 |
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Jun 2, 2012 22:27
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chemosh6969 posted:Why not call or email your local police department, since laws vary from place to place, and ask what would happen if you went to wal-mart and pooped on the floor. Better yet, stop by and ask in person. That way they can't put you on hold, so you get your answer faster. More than anything, I just wanted to ask this question to every lawyer I had access to, including my mom. Her reply included the words "trail of destruction and poop".
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Jun 2, 2012 22:56
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E nvm
entris fucked around with this message at 00:36 on Jun 3, 2012 |
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Jun 2, 2012 23:39
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Kallisti Applecore posted:Chair and Aunt Rose The will question is spot on, because that probably identifies the true owner of the chair. The sentiment that it should go to you doesn't create legal ownership, but the will probably leaves the remainder of her estate to some one. That true owner can give it to whoever they want. It's likely the true owner is dead or doesn't care at all about the chair, which basically means finders keepers. As long as that true owner isn't your dad, there's little he can do. His plan to "get power of attorney over a dead person" is crazy too. He also cannot enter your grandmother's home to take property without her permission or a court's order. Aunt Rose could come back from the dead and command that he receive her chair by way of a binding legal document, and he still can't physically go get it from grandma's house without suing first. So his whole scheme is just an empty threat designed to irritate you, and there's nothing of substance to it. He's just spinning wheels. The only longterm problem would be if Aunt Rose left him the remainder of her estate. There's no rush to get the chair either way. You'll get it eventually or not depending on that will. woozle wuzzle fucked around with this message at 03:02 on Jun 3, 2012 |
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Jun 3, 2012 02:57
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woozle wuzzle posted:The will question is spot on, because that probably identifies the true owner of the chair. The sentiment that it should go to you doesn't create legal ownership, but the will probably leaves the remainder of her estate to some one. That true owner can give it to whoever they want. It's likely the true owner is dead or doesn't care at all about the chair, which basically means finders keepers. You're dead-on about the crazy, too, sad to say. EDIT: I did find this, though: Pennsylvania Law posted:Pennsylvania law stipulates that the assets of a person who leaves no will at death are distributed by court decision. This means that things such as money and property might go to people you didn't intend to receive the assets. The law assumes your children should receive certain assets, even if you would prefer that it all go to your spouse. Monkey Hat fucked around with this message at 03:14 on Jun 3, 2012 |
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Jun 3, 2012 03:06
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Kallisti Applecore posted:
Uh no that's wrong. IN the event of no will, the property will pass automatically. Usually to a surviving spouse, then to kids if any, then to siblings if any, then to parents if any, etc, etc.
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Jun 3, 2012 05:05
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I have kind of a stupid situation going on, and I was wondering if any Quebec legal goons could maybe lend some advice. Story is, my girlfriends roomate moved in originally with her boyfriend and they broke up shortly after and the boyfriend moved out, he cheated on her and then just never came back besides one time where he came in when no one was home to grab his stuff and their cat. Anyway, when they moved in he brought a couple pieces of furniture. After they broke up he asked to pick it up one day about a month and a half after he left, but no one was home to open the door for him so they told him to make a date to pick it up, which he didn't do. That was 7 months ago, and now he has suddenly started harassing my girlfriend about getting his couple pieces of furniture back. Really it isn't any of her business and he shouldn't be getting her involved but her roomate is gone for a few months and the ex won't (and hasnt made any attempt to) contact her for whatever reason. First question is, does he actually have any right to this furniture after leaving it for so long without making an attempt to arrange a date to pick it up, or even contacting anyone about the expected return or use of it? Or does he still because no one informed him he had X days to get his stuff. It's not like he doesn't have all the contact information he would need to get in touch with someone. Really the furniture isn't a huge deal, it's three things. It's really just more annoying that he has waited 7 months to get it and just came out of the blue and started sending a bunch of messages / coming over and leaving notes on the door. It's probably more of a hassle to argue and fight them on it then to just give it to them.. but my second question is, is there any legal obligation concerning the condition of the furniture? It's been seven months, and it's a university apartment, so it's not like it has been wrapped in plastic and stored or anything. Especially considering the fact that the dude just disappeared for half a year. I'm mainly worried about them saying, "Oh, well the couch is broken, you broke our couch" kind of thing and making it a big pain in the rear end. He got one of his parents to write a facebook message about some "research they did" about laws concerning this (which I don't think apply, because the laws they said they looked at are intended for merchant / consumer relationship and not a tenant relationship) and they put something in there about damages to the stuff and small claims court. Last question is, my girlfriend doesn't want to let him into the apartment. Is there any reason we can't just tell him a date and put the crap outside and leave it for him to deal with? edit: Should mention there was never any contact concerning the expected return or use of the stuff. And he never once said he'd be back to get it, he just took off one day. dahkren fucked around with this message at 05:30 on Jun 3, 2012 |
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Jun 3, 2012 05:28
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entris posted:Uh no that's wrong. IN the event of no will, the property will pass automatically. Usually to a surviving spouse, then to kids if any, then to siblings if any, then to parents if any, etc, etc. Oh, yeah, that makes sense upon rereading. Thanks!
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Jun 3, 2012 06:17
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dahkren posted:Furniture I dunno your strange eskimo laws, but I would think that the best course of action is to set a date for him to pick it up where she isn't there. While tempting to stick it to him, it's probably going to cause more irritation to you than its worth. He has no recourse on any damage, unless you wail on it with obvious vandalism. Even then not really. Just give it back like it is, and that should be the end of it and the best way to get rid of him. If he left it there for 7 months and it got 7 months of wear, that's his own fault.
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Jun 3, 2012 06:50
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My girlfriend, "Claire", is in a lovely situation involving a rent-stabilized apartment in Queens, New York. She found the apartment via an online listing, was shown the apartment by a "broker", and applied for it. A promise was made while the apartment was being shown that the antiquated, semi-functional stove would be replaced before Claire moved in. Moving-in and lease-signing dates were agreed upon orally, as was the broker's fee, rent, and deposit amounts. Claire met the broker in the apartment a few days later, where she met the current tenants and paid the deposit using a certified bank check and was given a receipt. It was agreed upon orally that the broker's fee (equal to one month's rent) would be paid at the lease signing. Claire and her roommate would move in about a month after the lease was signed. Later, Claire checked the NY State real estate license database and couldn't find the broker -- in other words, she has no real estate license of any kind in New York State. She shrugged this off because she had found an apartment she liked at an affordable rent, and the market for apartments in the neighborhood she was looking at is incredibly difficult. Many apartments are claimed the day they're listed. Fast forward to the lease signing. It was immediately apparent that the landlord and the broker had a close relationship and had known each other for a while. Claire was accompanied by her future roommate, who was recording the signing with her smartphone that was out on the table. The landlord and broker didn't know the conversation was being recorded. First, reading through the lease agreement, any questions Claire and her friend asked about details were met with hostility. Claire asked for the bank account information for where her interest-bearing rental deposit would be kept (as it legally must be), and the landlord told her that he doesn't put any deposits into bank accounts and that only "big firms, not small management companies like his" need to do that. She asked again and he said that it would cost more money in administrative costs to do that than it was worth. He also said that if she was going to be "nitpicky", then he wouldn't allow her to sign the lease. Claire also asked about the stove being replaced, as the broker had promised. He said that he didn't know anything about that, and that nothing was happening with the stove. The broker claimed she never said anything of the sort. At this point the broker and landlord were becoming very hostile and aggressive. Claire was fearful that she would lose the apartment, and signed the lease (future dated to when they would be moving into the apartment in a month) as well as some other documents. Among these were NYC housing forms where the tenants attest the absence of things like lead paint and bedbugs -- the landlord had her sign these and leave the year on the dates blank. Sketchy as gently caress. After signing the lease, Claire asked to see the broker's real estate license or pocket card (as it's illegal to pay a commission to an unlicensed broker). The broker became incredibly angry, said she didn't have it with her, and admitted that she wasn't a licensed broker (but claimed to be a licensed "salesperson"). She told the landlord that she no longer supported Claire and her roommate renting the apartment, suggested that the landlord void the just-signed lease then and there, and in general became hostile and aggressive. The landlord told them that if they had any questions about the broker's license they had time to ask about it before the lease signing, and should have done it earlier. Both girls were very intimidated and overwhelmed at this point. Claire broke down crying. The landlord became contrite and things settled down a bit. They wrote a personal check to the "broker" for her commission and left. Again, all of this was recorded. There was a lot more intimidation and general nastiness on the recording that I can go into if necessary. Claire has since come to realized that she really doesn't want to rent from this kind of operation, and regrets signing the lease. She wants her deposit, commission, and first month's rent back, and feels like she was taken advantage of and intimidated due to her inexperience. As she has absolutely no experience with legal issues, she would like to know if 1) she has any chance at voiding the lease and getting the rent/deposit/commission back, 2) if she should ask the landlord for said money back before involving lawyers or the State, and 3) what kind of lawyer she should be looking for to handle these issues, how to find a competent one, and if she would be able to get any kind of consultation free of charge as she doesn't have a lot of money, especially now. Thanks a lot for any help or insight you guys can give.
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Jun 3, 2012 08:14
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Crosspost from rental thread: I have a lovely situation. I'm looking to move in a new rental place by July 1st. I'm in Kentucky. A month ago, I looked at a wonderful house. An application was sent in, but the house was offered to another couple. Once the other couple waffled around a bit with measurements, the landlord told us they planned to rent the house. We searched again, and found a duplex to rent through a rental company. This went much smoother, and we were able to sign a lease very quickly. The house is really nice, but not as good as the previous one. We are set to move in on June 14. Last night, we get an email from the owner of the first house. It turns out the other couple backed out of signing a lease, so the house is available again. However, we've already signed a lease and paid a deposit. We have not paid anything else besides this. Also, the house came available just two days ago - it wasn't even ready when we signed. When I asked the rental company about voiding our lease, they gave me a hard time and said I'd need to speak to someone else at their company, who isn't there on the weekends. I'm looking at the lease and my legal options. The lease states in the early termination clause that early termination requires 2 months rent as penalty prior to vacating the premises. I'm not sure the clause applies, since it assumes residency. Even if I'm being dumb or naive about that, there's a state law that may be on my side as well. http://tenant.net/Other_Areas/Kentucky/ltguide.html#3secj posted:Once the lease has been signed, the landlord may not charge rent until the tenant actually has possession of the premises. If the landlord does not allow the tenant to move in, the tenant may terminate the lease after giving at least five days' written notice. Upon termination, the landlord must return all prepaid rent, damage fees, and deposits. I'm not in possession of the house, so it doesn't sound like I'm totally bound to the lease yet. I may just be getting my hopes up, but I'm kind of looking for options. Anyone know anything about lease termination before the lease begins? Is it possible for me to just not pick up the keys and mark my deposit as a loss?
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Jun 3, 2012 15:47
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glompix posted:I'm not in possession of the house, so it doesn't sound like I'm totally bound to the lease yet. I may just be getting my hopes up, but I'm kind of looking for options. Anyone know anything about lease termination before the lease begins? Is it possible for me to just not pick up the keys and mark my deposit as a loss? You're getting your hopes up. You were bound once you signed the lease; the passage you quote is about giving a tenant options if their landlord is loving them over, not giving the tenants ways to get out of a lease. If you really want the house, you need to talk to the duplex leasing company and figure out what they'll ask you to pay to get out of your lease, and figure out if it's worth it to pay to have the house over the duplex.
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Jun 3, 2012 22:12
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Kalman posted:You're getting your hopes up. You were bound once you signed the lease; the passage you quote is about giving a tenant options if their landlord is loving them over, not giving the tenants ways to get out of a lease. Thanks. That's what I figured. I'm headed over there tomorrow morning. I just wanted to know if there were any options available at all, in case they're dicks about it.
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Jun 4, 2012 02:44
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Mechafunkzilla posted:My girlfriend, "Claire" A call to a NY lawyer is the next step. Some may do free consultations, others may charge, but you can call around and flat out ask. A good lawyer might be able to put the fear of god into them about flipping that unlicensed broker or something. They'd be able to provide a much clearer set of options.
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Jun 4, 2012 06:11
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Ugh. Okay, I posted in here earlier about my friend at work who is going through a divorce. Okay, so her lawyer got all the papers drawn up, including her request of 1,500 dollars per month in alimony. (which I thought was way too much, but what do I know?) Anyway, she took the papers to the husband, and he signed all of them, they were notarized, etc. A few hours later, the husband calls her and says to not file the papers because he talked to a lawyer and the lawyer said that she shouldn't be getting any kind of alimony. (Notice he didn't think to talk to a lawyer until AFTER he signed all the papers) So, is he basically screwed because he already signed all the papers? I would imagine he doesn't have a leg to stand on. Like I said earlier, he is pretty much the dumbest person on the planet. Unfortunately, the county that she is getting divorced in is pretty much as backward as you can get, so no telling what a judge will do.
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Jun 4, 2012 14:14
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He probably wasn't getting a power of attorney to get the chair but letters to be the representative for the estate.quote:So, is he basically screwed because he already signed all the papers? I would imagine he doesn't have a leg to stand on. What an idiot.
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Jun 4, 2012 14:34
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woozle wuzzle posted:A call to a NY lawyer is the next step. Some may do free consultations, others may charge, but you can call around and flat out ask. As a sidenote, a good way to get a free or discounted consultation is to call your city/state bar association and use their referral service. A lot of the time this will let you speak to a lawyer for nothing or just some nominal fee.
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Jun 4, 2012 14:39
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Ashcans posted:As a sidenote, a good way to get a free or discounted consultation is to call your city/state bar association and use their referral service. A lot of the time this will let you speak to a lawyer for nothing or just some nominal fee. PA it is $30 for 30 mins. I do some of these and the client gets an amazing deal. I think it is more in the counties that have their own service.
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Jun 4, 2012 14:42
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peepoogenderparts posted:
My guess is that those papers probably aren't binding without a finalizing court order, which he can of course contest. So attempting to press ahead with filing them will just result in legal costs for both sides escalating into a nasty fight.
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Jun 4, 2012 14:51
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euphronius posted:What an idiot. Wait, me or him? Him, right?  Because yeah, he is one step up from being a retard.
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Jun 4, 2012 14:51
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If he signed a marriage settlement agreement I don't see how its effectiveness would be conditioned on filing the divorce decree. But different states so who knows what procedure they have out there.
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Jun 4, 2012 14:53
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peepoogenderparts posted:Wait, me or him? Him, right? Shame he isn't actually a retard, because that would be to his advantage.
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Jun 4, 2012 14:53
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spog posted:Shame he isn't actually a retard, because that would be to his advantage. Maybe his lawyer can bring that up in court. "Your Honor, my client drives a bulldozer, and instead of getting out of his cab and going into the woods while at work, he just shits his pants instead." This is an actual thing he does.
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Jun 4, 2012 15:02
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