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Incredulous Red posted:Tried calling the fire marshal? Apparently he was out there already at some point, I don't know any specific details about what he did or found, but I'll check into it.
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Jul 21, 2012 18:44
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Hey I've got a question about apartment renting in CA. We moved into this place a couple years ago and as part of the deal we didn't have to put a deposit down. Now that were moving out were wondering what we're really liable for as far as cleaning and damages. Will the apartment complex try to charge us after we leave or is that going to be too much hassle for them and involve a trip to court? The apartment is in good shape still, but the management here are kind of dicks so we weren't planning on cleaning too much. Especially since it was pretty dirty when we moved in. Hope somebody knows because I can't seem to find much online about when you have no deposit.
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Jul 21, 2012 19:24
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Redfont posted:Hey I've got another question, kind of a general question about the law I guess. It's for Illinois. Your mom could also sue him for burning down her barn if he decides he doesn't want to pay for the damage.
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Jul 21, 2012 20:09
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Redfont posted:Hey I've got another question, kind of a general question about the law I guess. It's for Illinois.
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Jul 21, 2012 20:53
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She said she's considered suing him, but if the police aren't going to gather enough evidence to convict him I think she doesn't want to pay a lawyer to go after a guy the cops already let slide. Here's what I know of things so far: Fire marshal looked at the remains, said it was hard to tell since the whole thing had burned down. His tentative result for now is "undeterminable" but it will take him three weeks to write the report. The sheriff and the guy that torched the barn apparently know each other, because the sheriff made it clear he didn't care that the guy was driving with no license (and likely drunk) and he let him off holding someone at knife point as aggravated battery. Apparently my mother has 300+ text messages and several voice mails from the arsonist, some of them threatening to burn down the actual house (a few days before the barn went up). I don't know if these were sent after the emergency protection order thing or not. The police suggested saving them but their best idea was to take pictures of the screen. It's a straight Talk phone, if anyone knows how she can get digital copies of the messages that would be great. She also checked with the electric company, there were no surges of electricity or anything unusual on the day of the fire. That's basically everything I know so far. The fact that he left a message and threatened to burn the house down seemed like a pretty solid indicator to me, but I'm not a cop or a lawyer.
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Jul 22, 2012 01:33
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She needs to talk to the DA. Restitution can be added as part of a plea. They can add a charge, etc.
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Jul 22, 2012 08:03
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Can she contact her carrier to request a print-out of the text messages? If they say no, she may have to subpoena them, but dollars-to-donuts the carrier stores these on a server.
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Jul 22, 2012 21:18
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spregalia posted:Can she contact her carrier to request a print-out of the text messages? If they say no, she may have to subpoena them, but dollars-to-donuts the carrier stores these on a server. Apparently straight talk doesn't keep their text messages on any sort of server, only call times. I'm having her forward all the messages to me so that I can either screenshot them all off of my phone and put them on a flash drive or get those forwarded versions from Verizon to send to the police. She's going to be calling the DA tomorrow, she said she's already been talking with a state attorney but at your advice I told her she needs to start talking with the DA as soon as possible. I've never really handled a legal situation before, so I don't know what she's supposed to ask him as opposed to someone else. Assuming everything goes smoothly and she gets the ball rolling on this case, what sort of charges are we looking at here? Obviously arson and assault with a deadly weapon. Restitution would be nice, replacing the barn would be 100% great, and I wouldn't have any qualms about stacking on charges for all the other damage the fire did (she didn't have water or electricity for about a month), emotional distress, etc. From what I hear, even if he gets jail-time he's just going to post bail, so even though I want this jerk to rot in a cell I think the best way to win in this situation is make sure the money gets to the right place.
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Jul 22, 2012 21:56
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Redfont posted:Apparently straight talk doesn't keep their text messages on any sort of server, only call times. I'm having her forward all the messages to me so that I can either screenshot them all off of my phone and put them on a flash drive or get those forwarded versions from Verizon to send to the police. Does she have insurance on the barn?
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Jul 22, 2012 21:57
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dennyk posted:Paid time off is not required by law, so paid leave policies are entirely up to the company. In many states however, if they offer PTO, they are required to reimburse you for that value if you leave the job. Many stores like staples, office max, etc sell a $12-15 book that outlines that states' HR policies. If you are that concerned about it you can probably just pop into the store, and read up on it without even buying the book.
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Jul 22, 2012 22:10
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Incredulous Red posted:Does she have insurance on the barn? She did not unfortunately. She's dirt poor so she doesn't have insurance on anything, though I imagine this incident will convince her to try to get some homeowner's insurance.
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Jul 22, 2012 23:40
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Redfont posted:She did not unfortunately. She's dirt poor so she doesn't have insurance on anything, though I imagine this incident will convince her to try to get some homeowner's insurance.
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Jul 23, 2012 00:23
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nm posted:Make sure she brings up restitution with the DA. Even if not charged with arson, in many states paying her can be a condition of a plea. I will make sure that she knows to bring it up when she talks with him. Anything else important that I should tell her about?
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Jul 23, 2012 00:26
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Redfont posted:I will make sure that she knows to bring it up when she talks with him. Anything else important that I should tell her about? Mention the texts. DAs can get that stuff pretty easy, while the rest of us (like defense attorneys) have to fight tooth and nail.
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Jul 23, 2012 00:29
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This question is mostly to satisfy my curiosity, as my solution to this bullshit is just to ditch T-Mobile. Anyway: Are there any consumer protection/whatever laws that would require a prepaid service provider to document/itemize what they're charging you for? (USA/California) To explain: I have a prepaid pay-by-the-day plan with T-Mobile. $2/day for unlimited talk/text/data for any day I use the phone, no charge for days I don't use the phone. This is for my spare phone, so I don't use it except when I lend it to visitors or go on a trip with the kids or whatever. I last used the phone a month ago, and it's been turned off since; I had $20 in credit at that point. Today I checked and I had $0.80 left. T-Mobile does not make available any kind of usage or billing history, so I have no idea what they're claiming to be charging me for (or how I ended up with an odd number like 80 cents left when I have a plan that charges me in even $2 increments). Tech support can't or won't tell me, either. Now, there is a line in the prepaid contract stipulating that they won't make available any kind of usage history, but that doesn't mean anything if there's a law stating otherwise. I'm just curious if it really is legal for them to take random amounts of money out of my credit and not specify what it's for. It's like refusing to hand over a receipt or something.
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Jul 23, 2012 05:54
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Choadmaster posted:This question is mostly to satisfy my curiosity, as my solution to this bullshit is just to ditch T-Mobile. Anyway: Sounds like your credit just expired after 30 days.
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Jul 23, 2012 06:06
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No. It's been about 70 days since I bought the credit and it is supposed to last 90. Plus I've had this same issue with them once before (but it was only one extra day's worth of charges so I put up with it that time). Also that would have no bearing whatsoever on the fact that they charge you for mystery poo poo.
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Jul 23, 2012 06:23
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Redfont posted:She did not unfortunately. She's dirt poor so she doesn't have insurance on anything, though I imagine this incident will convince her to try to get some homeowner's insurance. Check with this too: http://www.ag.state.il.us/victims/cvc.html
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Jul 23, 2012 07:37
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I'm not currently in a lawsuit, and I don't plan on filing one, but I am curious about jurisdictions. Minnesota County A = My residence Minnesota County B = Tax Preparer's residence at the time of the incident Minnesota County C = Office where taxes were prepared. Wisconsin = Tax Preparer's current residence. I had been lazy and had not filed taxes in 4 years. I paid a family member, who is a certified tax preparer, to do my taxes. Out of the 8 returns (4 state, 4 federal), I only got checks for six of them. After a lot of runaround and excuses, I found out that she flat out stole the money from the other two returns then moved out of state. This happened 3-4 years ago and I'm not going to sue a family member over a couple thousand dollars. However, if I did plan on taking this to small claims court, which jurisdiction would I file it in?
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Jul 23, 2012 10:11
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SkunkDuster posted:I'm not currently in a lawsuit, and I don't plan on filing one, but I am curious about jurisdictions. 542.09 OTHER CASES; DEFENDANT'S RESIDENCE OR WHERE CAUSE AROSE; CORPORATIONS. All actions not enumerated in sections 542.02 to 542.08 and 542.095 shall be tried in a county in which one or more of the defendants reside when the action is begun or in which the cause of action or some part thereof arose. If none of the parties shall reside or be found in the state, the action may be begun and tried in any county which the plaintiff shall designate. There is more but it deals with corps. Just as a side note if you want to look into this further, the buzz word you're looking for is 'venue', jurisdiction deals more with whether or not the court can properly have the parties (e.g. suing someone who lives in spain and has never been to the us) or the matter (suing in state court for matters expressly claimed by the federal government) before it. Im not a MN or WI attorney. Taken from https://www.revisor.leg.state.mn.us/statutes/?id=542&view=chapter#stat.542.09 Also: http://www.mncourts.gov/selfhelp/?page=313 for info re: small claims, or called Conciliation Court in MN.
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Jul 23, 2012 16:54
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xxEightxx posted:shall be tried in a county in which one or more of the defendants reside when the action is begun or in which the cause of action or some part thereof arose. I'm still not clear. In simple terms, does that translate to "tried in Wisconsin, where the defendant currently lives, or tried in Minnesota County C, where the tax preparation actually took place"? To complicate things, say the taxes were prepared in Minnesota C, but she knew she was moving to Wisconsin and had my returns deposited to her bank account in Wisconsin. Did the cause of action take place in Minnesota or Wisconsin? I am not going to actually pursue a lawsuit, but I am strongly considering the idea of letting her believe that I am. I'm pretty sure she'd cough up the money rather than be taken to court and be exposed as a thief - especially if the venue is 30 minutes away from my house and a 5 hour drive for her. Skunkduster fucked around with this message at 17:13 on Jul 23, 2012 |
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Jul 23, 2012 17:04
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SkunkDuster posted:I'm not currently in a lawsuit, and I don't plan on filing one, but I am curious about jurisdictions. Not sure about your exact dates and years you didn't file, but if you are late filing your taxes, the IRS will only give you returns for up to 3 years in the past if they owe you. They keep the returns from any years before that. If you owe them, it does not matter how many years you did not file. Not sure about individual states, yours might have the same rule. Edit: Looks like Minnesota has a 3.5 year deadline before you forfeit your returns. Are you sure you meet the deadline to claim it on your earliest return? source http://www.revenue.state.mn.us/individuals/individ_income/factsheets/fact_sheets_fs12.pdf raven4267 fucked around with this message at 17:48 on Jul 23, 2012 |
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Jul 23, 2012 17:40
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SkunkDuster posted:I'm still not clear. In simple terms, does that translate to "tried in Wisconsin, where the defendant currently lives, or tried in Minnesota County C, where the tax preparation actually took place"? The operative language of the statute makes that determination at the time of filing the lawsuit. So if you file tomorrow, and the Defendant lives in WI, it seems venue is proper wherever you file it in MN (where you live). I am not an WI or MN attorney, and I did not look that deeply into whether or not there are specific venue\jurisdiction issues when it comes to small claims.
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Jul 23, 2012 18:07
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raven4267 posted:the IRS will only give you returns for up to 3 years in the past if they owe you. I don't remember the exact details as it happened a few years ago. I received either state or federal returns from all four years and was missing either two from the state, or two from the federal from the earliest two years - one year may have been over 3.5, but not both. The taxes and money aren't really what my post was about, I was just curious about how venues are established when multiple counties and states would be involved. Skunkduster fucked around with this message at 18:15 on Jul 23, 2012 |
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Jul 23, 2012 18:13
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This seemed like something that would come up about a thousand times but despite my searching this thread and Google-fu, I’m no more informed than when I started. I live in Tennessee, and have been for a few years. Sadly, I have not brushed up on this state’s laws against this sort of thing. Checking their websites has been useless as all they talk about is domestic violence involving two people already in a relationship. Anyway, I apologize if this has been asked a lot or I’m asking something stupid. Someone I know got a threatening message, let’s call him Kyle, from the husband of his trainer at work. The husband is basically saying, lose her number, stay away from my wife, and being an all around general tool about his wife having a male friend. Kyle has contacted the wife and it doesn’t seem like she’s trying to deescalate the situation, she just said “he’s coming to the store you work at.” He hasn’t threatened physical violence verbally or through messages, but her saying that pretty much seals the deal. I would normally throw this in the garage but this isn’t the first situation we’ve been in where some guy thinks Kyle is sleeping with his gal. The last guy threatened to shoot him and he lost that female friend and the chance to get our DVDs back he loaned her. I also don’t know said husband or what he is capable of. So I don’t know if he’s just blowing smoke or really is about to assault a guy over the fact that he’s talking to his wife. I don’t want to go around making a big deal of nothing, and I know that more likely than not, the husband is just a meat head, but I’m really worried over what could happen if it’s taken lightly. Besides filing a police report, I’m not sure what my options are. I’m not even sure if the police report means anything as it’s not something that’s happened. I’ve told Kyle to make his boss aware of the situation but that’s about all the preventatives I can think of. Suggestions?
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Jul 23, 2012 18:48
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Hello goons, I am living in Boson, MA and last month I moved into an apartment with my boyfriend. We have since broken up due to irreconcilable differences. Both of our names are on the lease. Both of us payed the same amount to move in and rent/whatnot. My boyfriend is the one who ha the credit check run on him; I myself have bad credit but have never missed rent. I financially can't afford to move after moving so soon and he can, yet he refuses to move out and says he has the right to have me evicted because I have bad credit. I love my apartment and I've invested everything I have to move here from Texas to be with him. Both our names are on the lease, so I'm guessing from what I have read, that I have just as much right to stay so long as I pay my half of rent right? I also believe since he is more financially able to move, the nice thing to do would be for him to move. I know it's unlikely he will agree. What should I do? I'm so god damned broken up about all this, I'm sick to my stomach.
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Jul 23, 2012 19:42
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Pretty sure he can't evict you - only the landlord can do that. If you keep paying rent, you can stay. Crappy situation though.
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Jul 23, 2012 19:50
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Killy posted:Hello goons, I don't know about your state specifically, but if your name is on the lease, typically both of you have to sign papers to change anything within that lease. Just keep paying your part of the rent and there's nothing he can do short of physically throwing you out of the house. I have a third person on my lease right now that moved out a while ago and the management are still debating on whether or not I actually get my deposit back, since he's not here to sign the lease to take his name off of it. They've decided they won't know until after we've moved out and so they'll just forward us their answer, which I assume means they're a bunch of dirty underhanded bastards who don't want me to call the law on them for illegally withholding my deposit. basically if your name is on that paper you should be okay. but I'm not a lawyer and someone else will probably be able to give you a more reliable answer. Redfont fucked around with this message at 19:53 on Jul 23, 2012 |
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Jul 23, 2012 19:51
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SeriousCrimesUnit posted:TN E/N Stalking, aggravated stalking, and especially aggravated stalking.
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Jul 23, 2012 20:23
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SeriousCrimesUnit posted:Someone I know got a threatening message, let’s call him Kyle My advice: Kyle should lose her number and stay away from her (outside of work). That seems like the best solution for everyone involved. Killy posted:I am living in Boson, MA and last month I moved into an apartment with my boyfriend. We have since broken up due to irreconcilable differences.
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Jul 23, 2012 20:40
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Just to reiterate, that guy sounds like a controlling jerk who is trying to control you by saying 'oh I can kick you out', when in fact you are both equal with regards to the lease/apartment. Don't let him hold this over your head.
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Jul 23, 2012 21:04
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Dogen posted:Just to reiterate, that guy sounds like a controlling jerk who is trying to control you by saying 'oh I can kick you out', when in fact you are both equal with regards to the lease/apartment. Don't let him hold this over your head. Um, you need to remember to apply a bias filter to anything anyone brings here. In particular, this: quote:I financially can't afford to move after moving so soon and he can, yet he refuses to move out and says he has the right to have me evicted because I have bad credit. And the final paragraph imply that it's the OP who is being a bit of a dick about trying to control who moves out. Because I certainly don't see that it should be the guy who's good credit is the whole reason they have the lease in the first place.
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Jul 23, 2012 21:12
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Given that the apartment knows their respective credit scores, I wouldn't be surprised if they were entirely uninterested in letting him off the lease and letting her stay.
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Jul 23, 2012 21:20
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Alchenar posted:Um, you need to remember to apply a bias filter to anything anyone brings here. In particular, this: Obviously it's only my side, but I'm trying not to be a dick. I'm trying to keep my life from being hosed over because he flat out said he isn't moving and that he can make the landlord change the lease. Mind you, BEFORE we even broke up he was googling "How to get your ex girlfriend to move out". He has said it himself; he's vindictive. All I want is to stay. He can have every piece of furniture for all I care. I moved across the country to be with him and exhausted any money I had to do so and to move into this place. He is the kind of guy that sued a driver who hit him on his bike for 10k and the only injury he suffered was a chipped toe bone. (I'm not saying it was wrong to sue, it is just to explain the lengths he will go to to "punish" someone as he says)
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Jul 23, 2012 21:36
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In case it isn't obvious Killy, both you and your ex-boyfriend are liable for the entire rent of the apartment. This means that if one of you agrees to move out and the other flakes on rent, the apartment can ding the credit of either/both of you. The apartment is also unlikely to let either one of you off the lease because they literally get no benefit from it and it limits their options.quote:and that he can make the landlord change the lease. He won't be able to do that. You're legally entitled to stay in the apartment for the duration of the lease. But you're not allowed to kick him out either. Andy Dufresne fucked around with this message at 21:39 on Jul 23, 2012 |
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Jul 23, 2012 21:36
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entris posted:Pretty sure he can't evict you - only the landlord can do that. If you keep paying rent, you can stay. Crappy situation though. Technically incorrect, only a court can evict. The landlord is the party who can initiate that procedure (lawsuit). The big risk is that you both are on the lease and both are most likely responsible for the full terms of the lease. If your ex trashes the place and vanishes, you are on the hook for the full amount of rent and repairs. This is something ive seen happen in similar situations.
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Jul 23, 2012 21:39
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If the lease says you are "jointly and severally" responsible for rent (as I'm sure it does), you are both on the hook for the entire amount of rent. He can't have you thrown out because of bad credit, once the lease is executed. The landlord will have less incentive to let him off the lease, if his FICO is an 800 and yours a 420, but that can't be a reason to move to have you evicted. [This is not legal advice, and I am not your lawyer.] TheImmigrant fucked around with this message at 21:51 on Jul 23, 2012 |
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Jul 23, 2012 21:43
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xxEightxx posted:Technically incorrect, only a court can evict. The landlord is the party who can initiate that procedure (lawsuit). The big risk is that you both are on the lease and both are most likely responsible for the full terms of the lease. If your ex trashes the place and vanishes, you are on the hook for the full amount of rent and repairs. This is something ive seen happen in similar situations. But if he does that can't he be sued, too? Honestly, I am willing to live here with him. I'm gonna follow the rules to a T and otherwise have no attachment to him as anything but a room mate. I can find a subletter no problem in the event of him neglecting to pay (but I doubt he would want his credit hosed)
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Jul 23, 2012 21:43
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woozle wuzzle posted:The threatening husband has not yet crossed a legal line. There's just not enough right now. I thought as much, was just trying to see what I can do legally to keep it from escalating or cover our rear end when it does. I guess we just wait for him to make a bigger move. Thanks.
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Jul 23, 2012 21:43
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SeriousCrimesUnit posted:This seemed like something that would come up about a thousand times but despite my Document everything. Absolutely everything, no matter how minor you think it is. If he makes any explicit threats, document them, call the police, keep the report, and move for a restraining order. Or ignore it, if you think that's appropriate. [This is not legal advice either, and I am not your lawyer.]
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Jul 23, 2012 21:50
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