Legal Questions: do not communicate with the demon at all except through your genie

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Black Cat: Mar 22, 2012

Alchenar posted:

Ok here's the order of events/priorities:

1. You are likely all equally responsible for all of the rent. No, moving out does not get you off the lease if it was a fixed term.

2. Your housemates can't sue you for your contribution to the rent. What they can do is pay their proportions to the landlord.

3. The landlord can sue all of you for all of the rent and demand payment from whoever he thinks has the money to pay up. That probably not being you.

4. At that point, the guy who's forced by the court to pay can ask the court for equitable contributions from the other tenants. That being you.

So yes, your credit is hosed unless the housing agency decided that the rent isn't worth going after. Which they will do. Don't break leases.

All the money has been payed, as far as I know.

# ? Jul 14, 2012 18:29

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# ? May 16, 2024 00:43

Choadmaster: Oct 7, 2004; I don't care how snug they fit, you're nuts!

nm posted:

My best guess is that if it was a blood draw, they don't have the result back and won't arraign you unit then.
But I'd ask your lawyer.

Out of curiosity, does the right to a speedy trial not enter in here?

# ? Jul 14, 2012 20:23

rivid: Jul 17, 2005; Matt 24:44

It just hit the news that Massachusetts will be voting on medial marijuana in November. The ballot question's bill states "debilitation medical condition" as: "Cancer, glaucoma, positive status for HIV, AIDS, hepatitis C, ALS, Crohn's dusease, Parkinson's disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient's physician."

Does the "other conditions as determined in writing" part mean that we are going to be able to get medical cards for bad knees, migraines, etc, etc as long as there is a doctor to sign off on it?

The rest of the ballot text is here:
http://medicalmarijuana.procon.org/sourcefiles/MA-ballot-initiative-2012.pdf

# ? Jul 14, 2012 20:38

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."

Choadmaster posted:

Out of curiosity, does the right to a speedy trial not enter in here?

Speedy trial attaches at arraignment.
If in custody, you have a right to a speedy arraignment, but not out.

Otherwise, the only issue is the statute of limitations, which can be months or years.

# ? Jul 14, 2012 20:39

Feces Starship: Nov 11, 2008; in the great green room
goodnight moon

Choadmaster posted:

Out of curiosity, does the right to a speedy trial not enter in here?

For felonies, the speedy trial right attaches at the moment judicial proceedings begin. It's NOT the moment of arrest. That's not the rule for misdemeanors or for state constitutional standards, but that's the best answer on an internet forum you're gon get.

# ? Jul 14, 2012 20:42

BirdOfPlay: Feb 19, 2012; THUNDERDOME LOSER

I'm concerned I may have committed a misdemeanor(s). Obviously not posting anything about it here, but I'd still like to find out if I actually need to be worried about this. Does that mean I should set up a consultation with an attorney? Thanks to the link in the OP, I have found the lawyer referral page for my county's bar, is it as simple as asking one of them for a consultation? Should I be expecting to pay any fees for this? Sorry if this is more on the "business" side of things, I've just never had to deal with a situation like this. Also, no, I've not been charged with anything nor am I "wanted."

# ? Jul 14, 2012 21:31

FrozenVent: May 1, 2009; The Boeing 737-200QC is the undisputed workhorse of the skies.

BirdOfPlay posted:

Also, no, I've not been charged with anything nor am I "wanted."

Then what the gently caress are you worried about?

# ? Jul 14, 2012 21:43

Ralphis: Aug 2, 2011

I have a question about ethics. Let's use this "example" scenario:

On August 12th, 2010, driver "Tom" along with passengers "Jack" and "Beth" got into an accident with an out-of-jurisdiction police cruiser who, allegedly, ran a red light without his sirens on. Regardless of what truly happened here, the police and insurance found Tom to be at no fault.

Tom sustained injuries but left the scene that night and didn't report to a hospital the next day, where he was issued pain killers. He then sought out a potential law suit against the municipality that the cruiser was from. Tom went to a lawyer who consulted with him and began to take care of dealing with his insurance company and sent him to a doctor. Unfortunately, Tom did not meet all of the requirements of PA political tort, along with having limited tort on his auto insurance, to sue the municipality. In September 2010, Tom received a letter from the lawyer stating that they were going to close the case and no longer be on retainer.

Here is the important part. While at the lawyer's office, the lawyer asked for the contact information of fellow passengers Jack and Beth. He contacted Beth and the firm began to represent her over the same accident. She eventually received a large sum of money from dealing with the insurance companies. Fast forward to now.

23 months after the accident (one month before the statute of limitations in PA), Tom has just received notification that Beth is planning to sue him and the police station. What's worse is that they are using the son of Tom's former lawyer on the case, part of the same firm, to come after him for "negligence". Full details are not available yet as the letter hasn't arrived in the mail officially.

Can the law firm that represented Tom on this exact same case file a suit against him on behalf of one of his passengers AFTER representing him first? This seems highly unethical if not illegal. Any insight would be appreciated.

# ? Jul 14, 2012 22:37

Nickelodeon Household: Apr 11, 2010; I like chocolate MIIIILK

Ralphis posted:

I have a question about ethics. Let's use this "example" scenario:

On August 12th, 2010, driver "Tom" along with passengers "Jack" and "Beth" got into an accident with an out-of-jurisdiction police cruiser who, allegedly, ran a red light without his sirens on. Regardless of what truly happened here, the police and insurance found Tom to be at no fault.

Tom sustained injuries but left the scene that night and didn't report to a hospital the next day, where he was issued pain killers. He then sought out a potential law suit against the municipality that the cruiser was from. Tom went to a lawyer who consulted with him and began to take care of dealing with his insurance company and sent him to a doctor. Unfortunately, Tom did not meet all of the requirements of PA political tort, along with having limited tort on his auto insurance, to sue the municipality. In September 2010, Tom received a letter from the lawyer stating that they were going to close the case and no longer be on retainer.

Here is the important part. While at the lawyer's office, the lawyer asked for the contact information of fellow passengers Jack and Beth. He contacted Beth and the firm began to represent her over the same accident. She eventually received a large sum of money from dealing with the insurance companies. Fast forward to now.

23 months after the accident (one month before the statute of limitations in PA), Tom has just received notification that Beth is planning to sue him and the police station. What's worse is that they are using the son of Tom's former lawyer on the case, part of the same firm, to come after him for "negligence". Full details are not available yet as the letter hasn't arrived in the mail officially.

Can the law firm that represented Tom on this exact same case file a suit against him on behalf of one of his passengers AFTER representing him first? This seems highly unethical if not illegal. Any insight would be appreciated.

IANAL, but does Beth have full-tort option on her auto insurance? This may be a relevant detail.

# ? Jul 14, 2012 22:55

Ralphis: Aug 2, 2011

Unsure. My guess as of now is no because of the way the suit is being presented (negligence and probably pushing the serious injury angle). Also, some additional information. Tom is now uninsured and doesn't drive currently. This girl has been living out of state for some time. Will the suit act on the policies of those involved at the time of the accident or what their current policies (or lack thereof)?

# ? Jul 14, 2012 23:17

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."

A firm suing a former client over an accident where they represented said client and presumably gain confidential information sounds incredibly unethical even where a different attorney handles.

# ? Jul 14, 2012 23:19

Nickelodeon Household: Apr 11, 2010; I like chocolate MIIIILK

Ralphis posted:

Unsure. My guess as of now is no because of the way the suit is being presented (negligence and probably pushing the serious injury angle). Also, some additional information. Tom is now uninsured and doesn't drive currently. This girl has been living out of state for some time. Will the suit act on the policies of those involved at the time of the accident or what their current policies (or lack thereof)?

Policies at time of accident.

# ? Jul 15, 2012 00:51

LLJKSiLk: Jul 7, 2005; by Athanatos

Alabama.

Someone stole some Xbox games from my house and traded them for cash.

I do not wish to press charges provided the games are recovered and returned to me.

However, would GameStop cooperate with me if the person is going to show up and confess to them or do I need to involve the police?

# ? Jul 15, 2012 06:05

Loopyface: Mar 22, 2003

LLJKSiLk posted:

However, would GameStop cooperate with me if the person is going to show up and confess to them or do I need to involve the police?

Your plan is to have the criminal go to GameStop and confess? What possible motivation would GS have for letting that occur?

# ? Jul 15, 2012 07:20

Black Cat: Mar 22, 2012

Black Cat posted:

I've been threatened with a civil service case for rent at a place I haven't lived in a while.

The backstory. I got desperate and moved in with a couple friends to a house I'd never seen before nearly a year ago. My first week there the other side of the Duplex got shot up (new tenants, just like ourselves). A week later someone tried to steal my car and did 300 dollars in damage.

I was sick every day, working a 9 dollar an hour job part time, couldn't fix my car out of fear it'd actually get stolen soon, and pretty depressed. I ended up moving back home with my family. The two friends I moved in with were understanding and knew that if I did stay there I wouldn't have money for rent soon anyway.

I had the bills caught up, payed an extra months rent, and forfeited my security deposit (about 350 dollars). I was willing to pay two months rent but we found a subleaser so that worked out. About 8 months later the subleaser leaves and they tell me I have 3 days to pay their rent. I was broke at the time so it didn't even come down to an argument.

They found another subleaser, who bounced three checks and is now gone.

The housing agency made very clear that we were all responsible for the 1000 dollar a month rent, and that we weren't renting per room. This made me assume that it was an all or none situation, where the only way my credit would get hosed is if they left too. Also I just got leased into a great location so I may be set there anyway.

I've since been doing very well financially but not setting back nearly enough due to problems coming in from every direction. I'll be on my own in a month and all that will be gone.

Anyway here's the text I received today:

Hey you know I'm a nice guy but we have come to the point where we can't keep paying your rent. We have only asked for money from you very few times, even though we pay your rent every month. We have all the information to prove we have paid and you have not. All we are asking for is the last months rent from you. I understand you're going through hard times but so are we. We are prepared and ready to take a civil service case out against you. We have already talked to the leasing agent about that and we have your lease contract which you signed.

The last month's rent is 350 dollars. Its not nearly enough money to go to court over but I'm not sure they have a leg to stand on.

Also, about being "nice guys," the cable bill, which was in my name, lapsed twice and was set to shut off. I communicated with the provider and they didn't hit my credit or anything and I payed all the late fees and service charges. They refused to turn in the modem so I got billed for that as well. Also, I met the check bouncing fellow a few months ago, as he's a friend of mine. This was before he started bouncing checks. He told me he was living there and intending to pay rent, and I showed him the text I received that day from the other two guys saying no one was living there and I owed them rent.

Like I said I've been doing very well financially for about three months but the entire time I've had about an average of 100 dollars a week go to bills someone's hosed me over on or random charges here or there, like a window unit for my room because where I live has a dinosaur AC or 200 bucks to get a worthless immunization to be eligible for college in this state.

I list these complaints only to emphasize how frustrating the last few months have been.

I'm living in Austin, Tx. I know the first step will be calling the leasing agency and getting a copy of my lease. Then I'll be analyzing to what extent the leasing agency can sue me and what rights my old roommates have.

On this note, if they actually have a case, my long time friend has gone off the deep end in his own personal shitstorm and has left me with around 380 dollars of bills to AT@T. If they can sue me on a joint lease I can sue him for sharing an account and not paying his amount, right?

The whole notion seems completely retarded to me but I don't want to have to go to court, let alone get this thing blown out of hand, where they hit me for multiple months of rent.

When I first started this new job, I was considering setting aside money and telling them that if they couldn't find a subleaser I'd cover the rent, that I hated sticking them with the trouble, and that maybe we could grab a beer some time. Then I got the text along the lines of, "We're not turning in that modem, have fun with the surcharges," and all my empathy vanished. I'm feeling pretty much the same way now.

I'm not sure if I should make my own thread, but I really need some advice on this as I either need to contact him soon and tell him I'm paying or that he'll be completely wasting his time, this won't hold up in court, and to please quit bothering me over his horrible subleaser judgement.

# ? Jul 15, 2012 09:31

Incredulous Red: Mar 25, 2008

LLJKSiLk posted:

Alabama.

Someone stole some Xbox games from my house and traded them for cash.

I do not wish to press charges provided the games are recovered and returned to me.

However, would GameStop cooperate with me if the person is going to show up and confess to them or do I need to involve the police?

It's your ex wife/current psycho girlfriend again, isn't it?

# ? Jul 15, 2012 09:37

Incredulous Red: Mar 25, 2008

Ralphis posted:

I have a question about ethics. Let's use this "example" scenario:

On August 12th, 2010, driver "Tom" along with passengers "Jack" and "Beth" got into an accident with an out-of-jurisdiction police cruiser who, allegedly, ran a red light without his sirens on. Regardless of what truly happened here, the police and insurance found Tom to be at no fault.

Tom sustained injuries but left the scene that night and didn't report to a hospital the next day, where he was issued pain killers. He then sought out a potential law suit against the municipality that the cruiser was from. Tom went to a lawyer who consulted with him and began to take care of dealing with his insurance company and sent him to a doctor. Unfortunately, Tom did not meet all of the requirements of PA political tort, along with having limited tort on his auto insurance, to sue the municipality. In September 2010, Tom received a letter from the lawyer stating that they were going to close the case and no longer be on retainer.

Here is the important part. While at the lawyer's office, the lawyer asked for the contact information of fellow passengers Jack and Beth. He contacted Beth and the firm began to represent her over the same accident. She eventually received a large sum of money from dealing with the insurance companies. Fast forward to now.

23 months after the accident (one month before the statute of limitations in PA), Tom has just received notification that Beth is planning to sue him and the police station. What's worse is that they are using the son of Tom's former lawyer on the case, part of the same firm, to come after him for "negligence". Full details are not available yet as the letter hasn't arrived in the mail officially.

Can the law firm that represented Tom on this exact same case file a suit against him on behalf of one of his passengers AFTER representing him first? This seems highly unethical if not illegal. Any insight would be appreciated.

IANAL, but pretty sure they can't - it's the same firm, representing a former client on the same matter, or a matter that is largely related to the one in which they represented the former client. I am pretty certain that the conflict of interest is imputed to the whole firm in this case and they'd be disqualified from representing her against him.

He should definitely run his case by another lawyer, like now, and at least get it looked at again. I have no idea what's going on with his passenger, but the circumstances seem fishy, his former lawyers may be doing something that could get the bar angry at them, and PA is a comparative negligence state from what my brief internet look-see shows. You'd think that at least the police officer himself might have been personably liable since he was off duty.

# ? Jul 15, 2012 09:46

LLJKSiLk: Jul 7, 2005; by Athanatos

Loopyface posted:

Your plan is to have the criminal go to GameStop and confess? What possible motivation would GS have for letting that occur?

Well, they get their money back quickly if the person pays it back.

If I involve the police, I get my stuff back but GameStop gets no money back without court doings.

# ? Jul 15, 2012 14:30

LLJKSiLk: Jul 7, 2005; by Athanatos

Incredulous Red posted:

It's your ex wife/current psycho girlfriend again, isn't it?

One of my exes. Not the one in the current e/n thread.

# ? Jul 15, 2012 14:31

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.

If the person who stole the games really wants to make it right, she should just buy back copies of the games she stole and pay the markup GameStop or whoever charges. She might be able to get them back at the price GameStop bought them for if she tells a sob story to the manager, but I wouldn't bet on it.

# ? Jul 15, 2012 16:21

Queen Elizatits: May 3, 2005; Haven't you heard?
MARATHONS ARE HARD

Black Cat posted:

I'm not sure if I should make my own thread, but I really need some advice on this as I either need to contact him soon and tell him I'm paying or that he'll be completely wasting his time, this won't hold up in court, and to please quit bothering me over his horrible subleaser judgement.

You did get an answer, you even quoted it earlier?

# ? Jul 15, 2012 16:34

LLJKSiLk: Jul 7, 2005; by Athanatos

GameStop manager agreed in principle, but needs corporate approval.

# ? Jul 15, 2012 17:26

Incredulous Red: Mar 25, 2008

LLJKSiLk posted:

GameStop manager agreed in principle, but needs corporate approval.

Technically they bought stolen property and know about it...

# ? Jul 15, 2012 20:39

Black Cat: Mar 22, 2012

Alchenar posted:

2. Your housemates can't sue you for your contribution to the rent.

Queen Elizatits posted:

You did get an answer, you even quoted it earlier?

So this is the totality of it? The only way anyone will ever legally come after me is if They don't pay full rent, the leasing agency presses charges, and we all three get court ordered to pay some certain part of the unpaid rent?

I'm very much aware of the capabilities a leasing office has against their tenants, but I've never even heard of some sort of "cross-suit" against someone who's leased into the same contract.

# ? Jul 15, 2012 21:30

Alchenar: Apr 9, 2008

Black Cat posted:

So this is the totality of it? The only way anyone will ever legally come after me is if They don't pay full rent, the leasing agency presses charges, and we all three get court ordered to pay some certain part of the unpaid rent?

I'm very much aware of the capabilities a leasing office has against their tenants, but I've never even heard of some sort of "cross-suit" against someone who's leased into the same contract.

It's simple. You are all jointly and severally liable for all of the rent. That means the landlord can pick whichever of you he wants to recover against (ie. the richest one). That doesn't mean that that guy just gets hosed, it just means that the hassle of getting contributions off the other guys falls to him and not the landlord (because it's not his fault that the other side collectively failed to pay up).

# ? Jul 15, 2012 21:43

LLJKSiLk: Jul 7, 2005; by Athanatos

Incredulous Red posted:

Technically they bought stolen property and know about it...

Right, but I told him I didn't want police involvement and he stated that he has made similar arrangements in the past at other stores with corporate approval.

If I wanted to make a stink I could, I'd just prefer not over something this small relatively speaking.

# ? Jul 16, 2012 01:58

Black Cat: Mar 22, 2012

Alchenar posted:

It's simple. You are all jointly and severally liable for all of the rent. That means the landlord can pick whichever of you he wants to recover against (ie. the richest one). That doesn't mean that that guy just gets hosed, it just means that the hassle of getting contributions off the other guys falls to him and not the landlord (because it's not his fault that the other side collectively failed to pay up).

Ok so I'll tell him in as nicely worded of a message possible that he can't take me to court over it. Thanks for the advice and I'm sorry for being a bit pushy, its just been a big worry for me the past few days.

# ? Jul 16, 2012 09:27

Straker: Nov 10, 2005

lots of drama redacted... but question for anyone who's ever dealt with eviction in IL:

how long can I expect before I'm kicked out following an IL eviction order, and what exactly is the process?

this is long past any legal bullshit, so not at all concerned about that. I'm living with someone who owns her condo, but it's not only in foreclosure, but she's been fighting with her condo association for the last almost year and a half, and legally they've had possession since Apr 28 or so. The cops came to evict us about a month ago but failed because they didn't realize I was here, and I'm covered by tenants' rights and wasn't named on the eviction order, but presumably will be next time. I went to court (to dismiss/vacate the order and buy myself another month or two because they messed some poo poo up badly) but still lost, but whatever, I tried to settle and the association's lawyer didn't seem as interested in settling in real life and also won despite being unattractive and having greasy hair whereas my lawyer was very very handsome.

This was just this past Friday a few days ago. As I was walking out of court, the association's lawyer offered me $500 to move out in the next week which almost seemed like a joke, since I was expecting $500 and your standard 30-60 days.

I'm in good shape and I'm mostly packed up, so basically I could be moved out with about 6 hours' notice, but I'm just wondering how things go from here. If I keep living here until I get evicted, what happens? Do I call the cops and get some kind of of police escort while I move my poo poo out, or what? What are the odds of being evicted before the usual ~3 weeks before the sheriff's office takes any action?

Straker fucked around with this message at 09:38 on Jul 16, 2012

# ? Jul 16, 2012 09:35

Arcturas: Mar 30, 2011

Black Cat posted:

Ok so I'll tell him in as nicely worded of a message possible that he can't take me to court over it. Thanks for the advice and I'm sorry for being a bit pushy, its just been a big worry for me the past few days.

Wait, what? While that's the right course of action, what Alchenar said (and he's correct in saying) is that:

1) All of you, together, are responsible for the full payment of the rent. If the landlord hasn't gotten paid, he can sue any of you and whoever he sues (or asks) has to pay the full amount of the rent by themselves.

2) The tenant who's on the hook (had to pay more than their fair/agreed upon share) then has the ability to get "contribution" from the tenants who paid less than their fair share. This can include a lawsuit, including small claims actions.

What this means is (and I don't recall the facts of your case, so oh well):
1) If your former roommates have paid the rent in full, the landlord cannot come after you.

2) If your former roommates did not pay the rent in full, the landlord can come after you for the remainder of the rent.

3) If your former roommates paid the rent in full, they can come after you for whatever you owe them. I believe this is the current situation?

4) If the roomates did not pay the rent in full, they can come after you for whatever they paid above and beyond their fair/agreed upon share.

As a practical matter, you're probably right - they're not going to sue you, and it's not worth their time to file a lawsuit. But they could.

So the key question, if a former roommate is coming after you for rent, is what the terms of the agreement were between you and the former roommate. I'm am almost entirely sure that you never wrote anything down (which was silly), so if (and when) it goes to small claims, it'll be a he-said, she-said.

Things which will be relevant:
1) Whether they agreed to let you move out and not pay any more rent.
2) How you were splitting rent, when you did live there.
3) How much you did pay.
4) Whether they have other outstanding obligations to you.

So, where are we? They might be able to take you to small claims court. Small claims is cheap (probably a $75 filing fee for a $350 obligation, and they can collect that filing fee from you if they win). Don't panic! Small claims really isn't that terrible. You show up, wear a suit or dress clothes, be organized, and present your information. The judges and clerks are used to dealing with disorganized, hostile crazy people, so as long as you have your poo poo together, you'll be alright.

What you'll probably want to do at this point:
1) Focus. FOCUS. Write down what happened. Trim down the facts to exactly what happened that related to the rent and money. For the purposes of your liability for rent, whether you had a job, or didn't have a job, or your car getting broken into, etc, is all irrelevant. Just get the facts on the table, so that you know exactly what happened. If and when you present in court, the other facts (why you moved out) may be useful (VERY briefly) to give context, but you don't want to be super rambly).
2) Tally your liability to them. This means all the months of rent which you owed them, anything else you owed them for (utilities, cable, tv, groceries if you were sharing those, security deposits, parking fees, etc). For your own information, you'll want to do this twice; once the way you think things happened, and once they way they seem to think things happened (as if you were leasing the whole time). In court you'll only want to present the lower number, but you need to know what your potential liability is.
3) Tally their liability to you. This means everything they owed you (the remainder of your security deposit, any amount they owed you for utilities, gas, electric, cable, tv, whatever, additional fees you had to pay because they were late paying the gas bill, that sort of thing). This does not include incidental fees you incurred that they are not responsible for (damage to your car, the cost of buying a window AC unit, moving expenses because they didn't want to help you, that sort of thing).
4) Compare the costs in 2 & 3. If you owe them money, you need to know that. If you might owe them money (because of the two numbers in 2), you need to know that.
5) Send them a politely worded letter saying that you don't owe them poo poo, and even if you did, it'd cost them more money and be more of a hassle for them to collect than it's worth. If 3 is greater than 2, say they owe you X$ because of their unpaid obligations, but you may be willing to let sleeping dogs lie if they leave you alone.
6) Get your name off everything associated with that old apartment. Don't have your name on their cable service. Make them get their own cable.

The next question is whether they do anything about it.
7) If they file a small claims action, you're fine. You already have all the paperwork and documentation together from 2 & 3.
8) File a small claims counterclaim for everything unpaid from 3. Include all the money for the times you covered them on cable, utilities, groceries, etc. This does two things - one, it means you can offset your damages against theirs in court (otherwise it's hard to subtract 3 from 2 in front of a judge), and two, it puts pressure on them to get off your case.
9) Pay attention to the scheduled court date. DO NOT MISS IT. If it's a time you can't attend, reschedule the court date. Your local small claims court website should have instructions and forms for requesting continuances/rescheduling hearings.
10) Get your poo poo together for the hearing. Put a binder together with all the paperwork; receipts for paid utilities, any lease agreements, etc. Put a small spreadsheet together of the obligations for 2 & 3. Get three copies of each of these, so you have one for yourself, one for the judge, and one for the opposing side.
11) Show up in a suit or nice shirt/slacks, and kick their rear end.

Arcturas fucked around with this message at 17:38 on Jul 16, 2012

# ? Jul 16, 2012 17:33

Queen Elizatits: May 3, 2005; Haven't you heard?
MARATHONS ARE HARD

Black Cat posted:

Ok so I'll tell him in as nicely worded of a message possible that he can't take me to court over it. Thanks for the advice and I'm sorry for being a bit pushy, its just been a big worry for me the past few days.

I'm really glad Arcturas responded to you because I have no idea how you got that from what Alchenar posted earlier.

# ? Jul 16, 2012 21:02

El_Elegante: Jul 3, 2004; by Jeffrey of YOSPOS; Biscuit Hider

Black Cat posted:

Ok so I'll tell him in as nicely worded of a message possible that he can't take me to court over it. Thanks for the advice and I'm sorry for being a bit pushy, its just been a big worry for me the past few days.

You're an idiot, and now you're running around posting threads on the internet about how your income has improved enough that it may actually be worth his while to recover the back rent from you.

# ? Jul 16, 2012 21:30

Sonic Dude: May 6, 2009

Black Cat posted:

Remarkably short-sighted plan, showing a baffling lack of understanding about what has been explained to you.

Arcturas posted:

Extremely helpful, detailed post about how to best resolve a complicated situation.

Taking all bets on which one he goes forward with.

# ? Jul 16, 2012 21:40

Black Cat: Mar 22, 2012

Sonic Dude posted:

Taking all bets on which one he goes forward with.

I called the leasing office, they said we owe 1,450 by Thursday or we're getting charges pressed. I told the old roommates I'd pay the 350 they wanted to the leasing office if they pay the other 1,100 first. Seems to be going well, and 350 will be worth it to have everything go away.

El_Elegante posted:

You're an idiot, and now you're running around posting threads on the internet about how your income has improved enough that it may actually be worth his while to recover the back rent from you.

First off, rude, second, you're just jealous.

Queen Elizatits posted:

I'm really glad Arcturas responded to you because I have no idea how you got that from what Alchenar posted earlier.

Its an area I know nothing about and I'm having trouble rationalizing any of this.

Another question:

I've been on a cell phone plan with a guy for a bit over a year. Our bills come out the same, so we've been paying every other month, sort of. Its all been taken out of one or two bank accounts via debit card through the internet. I had him taken off a few weeks ago and I got stuck with about 260 dollars of late bills from him, and I've had to pay late payments and double payments before in the last year. Is there a civil court case for this? Seems silly to me if there is, but I might as well go for it if the options there, seeing how the leasing business has gone.

# ? Jul 17, 2012 00:13

Alchenar: Apr 9, 2008

Christ, you don't need a lawyer, you need a financial adviser. Stop making terrible decisions with your money.

# ? Jul 17, 2012 00:25

Arcturas: Mar 30, 2011

Black Cat posted:

First off, rude, second, you're just jealous.

Nobody's jealous of your $30,000/year job. Get over yourself.

Black Cat posted:

Another question:

I've been on a cell phone plan with a guy for a bit over a year. Our bills come out the same, so we've been paying every other month, sort of. Its all been taken out of one or two bank accounts via debit card through the internet. I had him taken off a few weeks ago and I got stuck with about 260 dollars of late bills from him, and I've had to pay late payments and double payments before in the last year. Is there a civil court case for this? Seems silly to me if there is, but I might as well go for it if the options there, seeing how the leasing business has gone.

Christ. Stop "going in on" things with people you don't know, unless you are fully prepared to eat the entire cost of it. Including late fees. And disruptions in service.

But yeah, you probably can recover the late fees he caused. It'd be a small claims action, you'd want to prove that he promised to pay for whatever, that he didn't pay whatever, and that the damages you suffered due to his breach (of the agreement with you to split costs) were both the payments you had to make up and the late fees. The Texas (you're in Texas?) Bar has a pretty reasonable handbook for filing a small claims action.
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf

If you've got questions about particular forms or the particular court, I've found the clerks at small claims courts are remarkably helpful.

# ? Jul 17, 2012 00:30

Nickelodeon Household: Apr 11, 2010; I like chocolate MIIIILK

Black Cat posted:

I called the leasing office, they said we owe 1,450 by Thursday or we're getting charges pressed. I told the old roommates I'd pay the 350 they wanted to the leasing office if they pay the other 1,100 first. Seems to be going well, and 350 will be worth it to have everything go away.

And for the love of god, make sure whatever agreement you make with them is in writing including a provision that you will no longer be responsible for ANY portion of future rents.

# ? Jul 17, 2012 00:39

Incredulous Red: Mar 25, 2008

Alchenar posted:

Christ, you don't need a lawyer, you need a financial adviser. Stop making terrible decisions with your money.

Stop... just let this happen

# ? Jul 17, 2012 01:02

Black Cat: Mar 22, 2012

Alchenar posted:

Christ, you don't need a lawyer, you need a financial adviser. Stop making terrible decisions with your money.

Last year was a really bad year for me. I dropped to having about 40 dollars to my name before this job. Also, the handful of mistakes I made have bit me in the rear end pretty drat well. I've already got a 1br set up, roommates weren't even a consideration. I'll never be legally obligated to anyone else ever again, possibly barring my own children.

spregalia posted:

And for the love of god, make sure whatever agreement you make with them is in writing including a provision that you will no longer be responsible for ANY portion of future rents.

I'm demanding they pay for everything besides my portion before I pay anything so that when I give my payment to the leasing office I can confirm that I'll never hear from them again.

Arcturas posted:

But yeah, you probably can recover the late fees he caused. It'd be a small claims action, you'd want to prove that he promised to pay for whatever, that he didn't pay whatever, and that the damages you suffered due to his breach (of the agreement with you to split costs) were both the payments you had to make up and the late fees. The Texas (you're in Texas?) Bar has a pretty reasonable handbook for filing a small claims action.
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf

If you've got questions about particular forms or the particular court, I've found the clerks at small claims courts are remarkably helpful.

I'll wait a few more weeks to move out before I start anything. I may decide to press on with this or I may decide its best left in the past. Like I said, our bills were exactly equal and all payments would be easily tracked. Of course we didn't sign legal documents stating equal pay so I'm not sure if everything would fall through on that. I'll bookmark your link and get back to it when I'm living on my own.

# ? Jul 17, 2012 03:26

chemosh6969

Jul 3, 2004

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

_{_{I am in fact a massive asswagon.

Do not let me touch computer.}}

Black Cat posted:

I've already got a 1br set up, roommates weren't even a consideration. I'll never be legally obligated to anyone else ever again, possibly barring my own children.

So you 100% own the 1br, free and clear?

# ? Jul 17, 2012 17:56

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# ? May 16, 2024 00:43

Good Slumlord: Apr 10, 2008; I like to help people out

So I live in Brooklyn. This past May I was between apartments and not wanting to impose on a friend for the whole month I decided I'd sublet a room. As a matter of chance, a friend of a friend had an empty room in her apartment that she was looking to sublet out so I met with her, she seemed harmless, and moved in a few days later. This was already a week into May and instead of prorating me the 8 days she suggested that I pay the whole month ($800) and then I would NOT have to pay for utilities. Additionally I paid her a security deposit of $400.

I moved out May 31st and have yet to receive my $400 security deposit back. She ended up being a bit of a psychopath which I wont bother detailing as it's irrelevant, save for that a few days before I was to move out she told me that I left the fan and TV in my room running too often (not true, but who cares?) and that she was going to deduct money from my deposit to make up for my negligent overuse of electricity. I scoffed at the ridiculous notion but stopped short of making a major fuss about it, the situation was uncomfortable enough already as it was.

She wouldn't give me the deposit back the night I moved out, claiming she needed to see the month's electricity bill first. Of course by this point I didn't think much of her word so I had her make up a quick promissory note and sign it. Sadly this was the first time I had anything in writing, but I still had faith she'd pay me back. I contacted her a week later via text message and got no response. Then I tried again a few days later and she finally texted me back saying that she had yet to receive the electric bill so I would have to continue waiting. The date on the paper said I'd get it back on June 7th and we were passed that by then. It's now been 47 days since I moved out and 38 since I've heard anything from her at all despite numerous texts and phone calls.

I've read up on the NY Housing Authority website, before anything else can happen I need to send her a certified letter demanding my deposit back within 5 days from the date she gets the notice. If she fails to get back to me after that I then have to file a complaint with the Attorney General's office. Landlord laws seem to apply to her from what I've read, because she didn't okay it with her own landlord.

So what are my options here and is this worth pursuing? I really don't want her to get away with this but it seems like an atypical scenario so it's been difficult to find solid information online. Also, any advice for crafting a proper refund demand letter would be appreciated as well.

Thanks, and no the irony of my SA username doesn't escape me.

Good Slumlord fucked around with this message at 23:59 on Jul 17, 2012

# ? Jul 17, 2012 23:57

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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