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Aerofallosov
Oct 3, 2007

Friend to Fishes. Just keep swimming.
So, I have an odd, but small legal question.

I got a warrant in the mail today for someone whose name is one letter off from mine. Same birthday. Lives in the same town.

I looked up the warrant online, so I would know which court to go to to deal with it.

Um. Turns out, it's another person's address on there.

Will I need to do much beyond letting the folks on the warrant know?

I am also going to change my name, because I swear I almost lost a job because this lady's background got mixed up with mine before...

For what it's worth, I'm in Hays County in Texas.

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KaiserSchnitzel
Feb 23, 2003

Hey baby I think we Havel lot in common

reyalsnogard posted:

UT code 57-17-4 ( http://le.utah.gov/code/TITLE57/htm/57_17_000400.htm ):
The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.

Will someone please explain what is alluded by the "interest in the premises"?

[The holder of the ownership interest] is the owner.
[The holder of the designated agent's interest] is, say, a property manager or escrow agent, depending on the circumstances.

That provision is an awkward way of saying: the person who is the owner (or relevant owner's agent) at the time of lease termination is the person responsible for ensuring compliance with these rules. Meaning, for example, if you bought a rental property from somebody else with a tenant in the property, you would be responsible for returning the deposit, not the previous owner. This is true whether or not you took possession of the deposit funds from the previous owner.

Think of it this way: {[the holder of the owner's interest] or [the holder of the designated agent's interest]} [in the premises] [at the time of termination of the tenancy] [shall be bound by the provisions of this act].

Dingleberry Jones
Jun 2, 2008
If I'm posting a new thread, it means there is a thread already posted and I failed at using the forum search correctly
I've been in this thread before asking about a divorce question for my friend at work.

Yesterday she had a hearing and neither her soon-to-be ex's lawyer nor her ex showed up, so the judge ordered that he pay my friend $2,500 per month until the final divorce hearing.

My question is this: What happens when he doesn't pay? (I say 'when' because he has threatened to quit his job if he has to pay her anything)

I mean, if he doesn't pay, they can garnish his paycheck, right? And if he quits his job and finds a job somewhere getting paid under the table (he did this for several years) are there any legal repurcussions that happen to him?

She was so excited but I told her that she shouldn't get too excited because it is highly doubtful he ever pays her anything.

Gilgamesh
Nov 26, 2001

peepoogenderparts posted:

I've been in this thread before asking about a divorce question for my friend at work.

Yesterday she had a hearing and neither her soon-to-be ex's lawyer nor her ex showed up, so the judge ordered that he pay my friend $2,500 per month until the final divorce hearing.

My question is this: What happens when he doesn't pay? (I say 'when' because he has threatened to quit his job if he has to pay her anything)

I mean, if he doesn't pay, they can garnish his paycheck, right? And if he quits his job and finds a job somewhere getting paid under the table (he did this for several years) are there any legal repurcussions that happen to him?

She was so excited but I told her that she shouldn't get too excited because it is highly doubtful he ever pays her anything.

What jurisdiction are you in again?

reyalsnogard
Jul 16, 2004
chown -R us ~/base
Thanks! That language abomination makes sense now.

Wroughtirony
May 14, 2007



Okay, here's an easier question, since nobody was able to weigh in on New Jersey car insurance laws.

I live in Virginia, the accident was in New Jersey. Can I get a lawyer here or do I have to find one based in NJ?

Gilgamesh
Nov 26, 2001

Wroughtirony posted:

Okay, here's an easier question, since nobody was able to weigh in on New Jersey car insurance laws.

I live in Virginia, the accident was in New Jersey. Can I get a lawyer here or do I have to find one based in NJ?

You'll likely have to file suit in NJ, since that's where the accident took place, so you'd need to find a lawyer licensed to practice in NJ (not necessary one based in NJ).

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

peepoogenderparts posted:

I've been in this thread before asking about a divorce question for my friend at work.

Yesterday she had a hearing and neither her soon-to-be ex's lawyer nor her ex showed up, so the judge ordered that he pay my friend $2,500 per month until the final divorce hearing.

My question is this: What happens when he doesn't pay? (I say 'when' because he has threatened to quit his job if he has to pay her anything)

I mean, if he doesn't pay, they can garnish his paycheck, right? And if he quits his job and finds a job somewhere getting paid under the table (he did this for several years) are there any legal repurcussions that happen to him?

She was so excited but I told her that she shouldn't get too excited because it is highly doubtful he ever pays her anything.

If he doesn't pay, she can normally bring a contempt action against him for violating court orders. If it's bad enough, they'll toss him in jail. However, this will require her being in court a lot.

Dingleberry Jones
Jun 2, 2008
If I'm posting a new thread, it means there is a thread already posted and I failed at using the forum search correctly
Sorry. I'm in West Virginia but her husband live and works in Ohio.

I would really like for the whole thing to be over because quite honestly I'm sick of hearing it day in and day out at work.

I keep warning her to not get her hopes up about the money, especially since she is basically betting he will pay her so that she can keep her house. I told her that, sure, she can win all the money in the world in a judgment but if he doesn't pay, and even if they throw him in jail, that doesn't mean anything when it comes to paying her mortgage.

terrorist ambulance
Nov 5, 2009

Wroughtirony posted:

Okay, here's an easier question, since nobody was able to weigh in on New Jersey car insurance laws.

I live in Virginia, the accident was in New Jersey. Can I get a lawyer here or do I have to find one based in NJ?

Conflict of laws is an annoying area of law, the questions you're asking don't lend themselves to being answered on an internet message board

BirdOfPlay
Feb 19, 2012

THUNDERDOME LOSER

Aerofallosov posted:

So, I have an odd, but small legal question.

I got a warrant in the mail today for someone whose name is one letter off from mine. Same birthday. Lives in the same town.

I looked up the warrant online, so I would know which court to go to to deal with it.

Um. Turns out, it's another person's address on there.

Will I need to do much beyond letting the folks on the warrant know?

I am also going to change my name, because I swear I almost lost a job because this lady's background got mixed up with mine before...

For what it's worth, I'm in Hays County in Texas.

As always, I'm not a lawyer to any degree. I don't know about paperwork, but doesn't a legal document have to be served or some such nonsense? Was it a certified letter or just chilling in your mailbox?

That said, if the address on the envelope was incorrect, it's USPS's problem. I'd just avoid contacting the person yourself (if that's what you were saying), you're a 3rd party that has no business being involved, even though you got the warrant by mistake. Just seal it back up and stamp it with "Return to Sender" and go on with your life.

Also, you just admitted to mail fraud. :cop: Probably not too big a deal, though.

uapyro
Jan 13, 2005

Aerofallosov posted:

So, I have an odd, but small legal question.

I got a warrant in the mail today for someone whose name is one letter off from mine. Same birthday. Lives in the same town.

I looked up the warrant online, so I would know which court to go to to deal with it.

Um. Turns out, it's another person's address on there.

Will I need to do much beyond letting the folks on the warrant know?

I am also going to change my name, because I swear I almost lost a job because this lady's background got mixed up with mine before...

For what it's worth, I'm in Hays County in Texas.

I had something similar happen. I was quite surprised to see I had a court summons for domestic abuse delivered to me, exact name, and exact address.

I'm guessing what happened was someone was being lazy and just looked the name up in a database or something. I took it to City Hall and told them I knew nothing about it, and never heard about it again. From looking, it seems like there's 3 people with my exact name in a not THAT large town.

baquerd
Jul 2, 2007

by FactsAreUseless

BirdOfPlay posted:

Also, you just admitted to mail fraud. :cop: Probably not too big a deal, though.

That requires intent, which would be a hard sell in this case.

ImperialGuard
Jan 10, 2010
California goon here. I've noticed some (perhaps all) of the permits for my apartment complex's elevators have expired. Can/should I report this to some government agency, and if so, where would I go to do so?

Ninja edit: I ask because one of the elevators makes a scary creak and I am a passive-agressive :spergin:

Emo Rodeo
Dec 28, 2006

This is one mystic quest

ImperialGuard posted:

California goon here. I've noticed some (perhaps all) of the permits for my apartment complex's elevators have expired. Can/should I report this to some government agency, and if so, where would I go to do so?

Ninja edit: I ask because one of the elevators makes a scary creak and I am a passive-agressive :spergin:

It would be dick not to give them a chance to fix it. Can you, yes, should you, use your judgement.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
There's probably a number on the permit.

Aerofallosov
Oct 3, 2007

Friend to Fishes. Just keep swimming.

BirdOfPlay posted:

As always, I'm not a lawyer to any degree. I don't know about paperwork, but doesn't a legal document have to be served or some such nonsense? Was it a certified letter or just chilling in your mailbox?

That said, if the address on the envelope was incorrect, it's USPS's problem. I'd just avoid contacting the person yourself (if that's what you were saying), you're a 3rd party that has no business being involved, even though you got the warrant by mistake. Just seal it back up and stamp it with "Return to Sender" and go on with your life.

Also, you just admitted to mail fraud. :cop: Probably not too big a deal, though.

Just chilling in my mailbox. It had her name, my address on it. I looked the records up online and it has a totally different address on it. I think someone just put the wrong thing on there. I'm calling the warrant office now and am on hold. Apparently it has my driver's license number on it, but I NEVER lived at that address. So either someone screwed up or I'm the victim of ID theft. Oh boy.

Okay, so, I'm gonna have to fax in a copy of my driver's license. Apparently they have the wrong bank account and several other things. Our information got mishmashed into one giant legal clusterscrew :psyduck: and yeah. She said they'd recall the warrant and that I'm likely fine, they just want to see my driver's license.

Aerofallosov fucked around with this message at 00:15 on Nov 20, 2012

Ought Six
Oct 2, 2011

Aqui no hay primavera de Praga, es la primavera de Chile.
Sup guys. This is a textbook cyberbullying case so I'm not sure whether there's ultimately anything that can be done about it. I'll be a bit vague to uphold privacy. The backstory:

A couple weeks back my teenaged niece (who is a minor) made a series of rants against a celeb via Twitter. Fans of this celeb apparently have a Tumblr of "haters". On this blog, one entry now includes a screenshot of my niece's comments, along with her social networks, real name, pics, and high school name... all collected from her social networks.

So far she has been getting harassed online by other minors and amazingly even a number adults. There were a couple of abusive phone calls as well (from minors).

Btw, she is not all that computer literate, and is completely unwilling to take down her social accounts or even up her privacy settings beyond removing identifying info (stupid I know).

So basically if you could indicate which authorities, if any, we could contact and what, if anything, we should document, that would be extremely helpful. Unfortunately legal counsel is simply not affordable at this point.

My two main quandaries are:

1. Is it legally possible to get tumblr to remove that page? I emailed abuse@tumblr.com and support@tumblr.com thursday but it's STILL up and I've gotten no replies beyond support tickets. Do I contact the NYPD precinct near Tumblr HQ? File an internet crime report with the IC3: http://www.ic3.gov/default.aspx ?

No idea what I can do at this point beyond asking Tumblr nicely.

2. Would it be helpful to go internet gumshoe and at least dox the adults to curb some of this harassment or collect info to possibly seek legal action further down the road? What sort of legal action can be hypothetically taken against the adults harassing my niece, is a criminal or civil case possible?

Ought Six fucked around with this message at 01:18 on Nov 20, 2012

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Ought Six posted:

Sup guys. This is a textbook cyberbullying case
Not really.

Ought Six posted:

is a criminal or civil case possible?
It depends on where you are, but any civil case would probably be a non-starter under your fact pattern because there's no money in it for an attorney to do it on contingency and you/she are unable to finance the escalation of this through the legal system

Or you could wait a day or two until the Tumblr of Haters blog rolls to a new page and your niece's 15 minutes fades.

Ought Six
Oct 2, 2011

Aqui no hay primavera de Praga, es la primavera de Chile.

joat mon posted:

Not really.

It depends on where you are

Well, she's in Montana if that's helpful. The harassment is exclusively from out-of-state it seems.

quote:

Or you could wait a day or two until the Tumblr of Haters blog rolls to a new page and your niece's 15 minutes fades.

Yeah, I was afraid of that. Wish I could do more to help.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Ought Six posted:

Well, she's in Montana if that's helpful. The harassment is exclusively from out-of-state it seems.
MT's tips for tweens and teens re: cyberbullying
MT's tips for parents re: cyberbullying

Ought Six
Oct 2, 2011

Aqui no hay primavera de Praga, es la primavera de Chile.

Great resources right there, I will certainly pore through them. Thanks for these and your time.

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."
Worth looking to the streisand effect too.
http://en.wikipedia.org/wiki/Streisand_effect
Not a legal thing, but a big issue on the internet.

THE LUMMOX
Nov 29, 2004
Hello legal question megathread. I greatly appreciate any help anyone can give me.

I can't for the life of me make sense of this. In simple English, what does this paragraph mean?

quote:

THIS AGREEMENT SHALL BE VALID AND IN FORCE ON THE DATE OF NOV. 10, 2012 FOR THE PERIOD FROM NOV 10, 2012 TO NOV 10, 2013 AND SHALL BE AUTOMATICALLY RENEWED AND CONTINUED FROM THREE MONTHS TO THREE MONTHS FOR THREE MONTHS UNLESS EITHER PARTY GIVES TO THE OTHER PARTY ONE MONTH PERIOD WRITTEN NOTICE TO TERMINATE THIS AGREEMENT

The person who wrote this speaks English as a second language so there's a chance it's nonsensical.

Thanks again.

Sir Sidney Poitier
Aug 14, 2006

My favourite actor


In England, does anyone know the situation regarding employers setting different standards of dress for men and women? For example, is it allowed for an employer to permit women with long hair to have it down, but require men with long hair to tie it up?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Anjow posted:

In England, does anyone know the situation regarding employers setting different standards of dress for men and women? For example, is it allowed for an employer to permit women with long hair to have it down, but require men with long hair to tie it up?

It's legal to have a dress code that enforces ‘conventional standards of dress and appearance,' to include "Tidy hair not below shirt collar length" for males but not females.

THE LUMMOX posted:

Hello legal question megathread. I greatly appreciate any help anyone can give me.

I can't for the life of me make sense of this. In simple English, what does this paragraph mean?

quote:

THIS AGREEMENT SHALL BE VALID AND IN FORCE ON THE DATE OF NOV. 10, 2012 FOR THE PERIOD FROM NOV 10, 2012 TO NOV 10, 2013 AND SHALL BE AUTOMATICALLY RENEWED AND CONTINUED FROM THREE MONTHS TO THREE MONTHS FOR THREE MONTHS UNLESS EITHER PARTY GIVES TO THE OTHER PARTY ONE MONTH PERIOD WRITTEN NOTICE TO TERMINATE THIS AGREEMENT
The person who wrote this speaks English as a second language so there's a chance it's nonsensical.

Thanks again.

Seems like,
1. the agreement is for one year
2. after one year, the agreement is automatically extended for three months.
3. the three month extension is automatically renewed every three months, indefinitely.
4. After the first year is up, either party may refuse an extension by saying so (in writing) at least one month before the term ends. (i.e., the earliest the agreement will be over is Nov. 10, 2013, but only if ether party gives notice before Oct. 10, 2013)

Alchenar
Apr 9, 2008

joat mon posted:


Seems like,
1. the agreement is for one year
2. after one year, the agreement is automatically extended for three months.
3. the three month extension is automatically renewed every three months, indefinitely.
4. After the first year is up, either party may refuse an extension by saying so (in writing) at least one month before the term ends. (i.e., the earliest the agreement will be over is Nov. 10, 2013, but only if ether party gives notice before Oct. 10, 2013)

After the automatic extensions start however it's completely indecipherable as to when that 1 month notice needs to be given from and when it becomes effective.

e: well not completely, but it's arguable in several different directions

Alchenar fucked around with this message at 11:55 on Nov 22, 2012

THE LUMMOX
Nov 29, 2004
Ok thank you so much for the clarification that makes sense now.

terrorist ambulance
Nov 5, 2009
Talk about an example of how not to draft

Sonic Dude
May 6, 2009

THE LUMMOX posted:

I can't for the life of me make sense of this. In simple English, what does this paragraph mean?
It means the person used a fill-in-the-blank form for the document and kept typing "THREE MONTHS" in every space. :v:

Trillian
Sep 14, 2003

I have a landlord-tenant issue in Ontario. I don't know if anyone who reads this thread is from my province, but I would appreciate any suggestions. The tl;dr is that my ex-landlord kept my deposits and has now invented a fake list of damages.

I moved out three weeks ago. I had given two deposits: a key deposit and a security deposit. (I did not know then that security deposits are illegal in Ontario.) I have been hassling the landlord about the deposits. When I said that I would file with the Landlord-Tenant Board to recover them, she fired back with the list of damages. Some of this happened over the phone so I can't prove the timeline.

As far as the deposits are concerned, none of this matters. The Landlord-Tenant Board told me that she cannot deduct from an illegal security deposit even if the damages were genuine. But she is threatening to take me to Small Claims. The condition of the apartment was never documented, because I am stupid. It was brand-new when I moved in, but there were some construction deficiencies.

She has no evidence. I have a few emails vaguely referencing pre-existing damages, and one from her two days before I moved out calling me a great tenant. I also have a few emails to corroborate that I bugged her for three weeks about the deposits before she responded with this.

How likely am I to get screwed here? I'm pretty sure that if I stop pursuing the deposits she'll drop the damage threat, but that's lovely.

Darude - Adam Sandstorm
Aug 16, 2012

What do you mean by construction deficiencies?

Trillian
Sep 14, 2003

MassaShowtime posted:

What do you mean by construction deficiencies?

Some floorboards that needed to be replaced, a few things that were installed poorly: a door, a light fixture, the bathroom vanity. She's trying to hold me responsible for all but the vanity, plus other stuff that did not exist. I have an email thread to show that the door was a pre-existing problem and that I approached the builder directly to get it fixed after my landlord did not reply. No documentation on anything else.

karl fungus
May 6, 2011

Baeume sind auch Freunde
I have a co-op building issue in New York City. I'm being harassed by the building board president, or whatever her title is.

This August, I was doing my laundry one night. I was just finishing up around 11 PM, and she comes out of nowhere, screaming very loudly at me. Her face is red, her hands are on her sides, and she's repeatedly pacing back and forth, sometimes slamming her fist into a table or clutching her keys and threatening to lock me inside the laundry room. For a few minutes she goes back upstairs, and I learn later that she was shouting in our hallway and banging on our door before coming back downstairs again. She's screaming curses uncontrollably, and I'm standing there in complete shock, having no idea what just happened. After a half minute of this, her words are more coherent, but they're very threatening and insulting. This entire time, I'm still standing there, completely speechless. Some of the things she says are:
  • "Are you a man? Because I don't think you are."
  • "You don't pay the rent, do you?" (I don't, my parents do, but we always pay it and she has nothing to do with this because she's not our landlord)
  • "So when are you gonna move out, huh?"
  • "Why are you just standing there?!"
  • "No wonder why your father left you."
That last one is extremely painful to me emotionally. It was something I had to go through therapy for after years of chronic depression. She was around back when my mother divorced my biological father when I was 5, and she knows all of this, and yet used it as a casual insult. In any case, the laundry room is not restricted to time. Anyone can use it at any time of day, and there are plenty of people that use it even as far as 1 AM and 2 AM, and I've done my laundry at night for years. Yet, she has never gone after them. I was specifically attacked. I have no idea what I did to her.

In the days ever since, she's been harassing me. I haven't responded to her at all, just ignoring her and not looking in her direction while I walk. A week after the laundry room incident, I was leaving the building and she was in the lobby, yelling at me, asking why I didn't say hello to her and where my manners were in a very threatening tone of voice. Every time I walk down the hallway and wait for the elevator, she walks right up to her door, and I can hear her behind it while she stares at me through the peephole, since her door is right across from the elevator. If I leave the building and come back, she's almost always in the lobby or outside, waiting there and staring at me.

Ever since she figured out I was ignoring her, she started out quiet, but has now been muttering curses at me every time I pass with increasing loudness. Yesterday, I could hear her stream of insults while I walked down the hallway. 'Piece of poo poo', 'son of a bitch', 'bastard' and other things on repeat without a single break between them.

I don't feel physically threatened by her since she's an old lady, but every day it's getting worse and she's more aggressive than before. I can't walk in or out of the apartment building without feeling like she's going to be there waiting for me, cursing or talking to her dog while staring at me. I'm phobic of going into the laundry room at night, I just can't do it anymore, and even during the daytime I can barely do my laundry without shaking from anxiety. I keep thinking that one day she's going to snap and pull a gun on me, because a few years ago we had another incident with a different crazy old lady pulling a gun on someone. That's how threatened I feel. She also supposedly has the power to evict us if she can bring proof that we're being bad tenants, so that's another layer of anxiety on there.

I have absolutely no idea what I'm supposed to do here. I've done absolutely nothing to provoke her, and I'm avoiding any conflict by staying completely silent. However, the anxiety is unbearable. What can I do? Moving out is not an option in the near future, I'm stuck here for the time being.

karl fungus fucked around with this message at 00:22 on Nov 26, 2012

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.
I'd call the police, especially if she is making threats rather than just insults. They should at least come out and talk to her, which is a good first step in resolving the problem. Plus, calling the police starts a very solid documentation trail which can be helpful later if the situation escalates.

mookerson
Feb 27, 2011

please work out

karl fungus posted:

crazy lady in my building
Have you tried asking her exactly what the gently caress her problem is?

karl fungus
May 6, 2011

Baeume sind auch Freunde
I'm probably going to go with the police route. I live near a precinct, so I can just walk there and find someone to talk to about this. Don't the police want evidence, though? I don't have anything concrete to give them.

I haven't asked her why she's creepily obsessed over hating me, because I don't want to stir up more conflict. I've maintained a strict wall of silence, even when she followed me downstairs just so that she could look through the garbage I had just thrown out.

karl fungus fucked around with this message at 01:43 on Nov 26, 2012

aca
Dec 19, 2004
heh
I got a speeding ticket in California going 80 in a 65. Since I was only going 15 miles over I get the chance to go to traffic school so that it doesn't have to go on my insurance. My question though is that if I try to contest it and lose the battle, do I also loose the chance to go to traffic school and have the citation removed from my record?

Also does anyone have any tips for writing the Trial by Written Declaration (Form TR205) or any tips how I should approach fighting it. I was clearly going over the limit but I'm really strapped for cash now and I was traveling on military orders in an unfamiliar place.

Thanks

Arcturas
Mar 30, 2011

karl fungus posted:

I'm probably going to go with the police route. I live near a precinct, so I can just walk there and find someone to talk to about this. Don't the police want evidence, though? I don't have anything concrete to give them.

I haven't asked her why she's creepily obsessed over hating me, because I don't want to stir up more conflict. I've maintained a strict wall of silence, even when she followed me downstairs just so that she could look through the garbage I had just thrown out.

You should really just ask her why she's so rude before calling the cops. There's almost no way that talking to her could escalate things more quickly than calling the cops, and it'll give you more details to tell the cops.

Alternatively, ask some of the other tenants about their relationship with her, and whether she's crazy to them too, or what she says about you. Maybe she thinks you recently got a dog and hates the idea of pets in the building.

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Capt. Morgan
Feb 23, 2006

I don't know if California is different but in Arizona you need to complete traffic school 7 days before your court date.

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