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Jessi Bond posted:That is actually really funny for this particular instance, because I'm writing erotica.
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Jan 4, 2013 05:54
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Jessi Bond posted:My concern, primarily, is - do the news agencies who reported the story own rights to the actual concept of the story, or just their actual writeup of it? How about the people who were involved in the real-life incident? I tried looking into the idea of "life story rights" but they seemed very complicated and the rules surrounding them were very vague, so I couldn't figure out how to apply it to a situation where they had already told their story to a newspaper and therefore made it public. Writers have rights to their content, individuals have some protection from being publicly outted. But nobody owns the fact that a series of events happened. I mean like 50% of porn movies are the exact circumstances you describe: "Sarah Balin: President of VICE"
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Jan 4, 2013 06:48
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Totally TWISTED posted:Send me your General Petraeus erotica and I'll let you know. Good guess, but no. I know somebody who wrote that though! woozle wuzzle posted:Writers have rights to their content, individuals have some protection from being publicly outted. But nobody owns the fact that a series of events happened. I mean like 50% of porn movies are the exact circumstances you describe: "Sarah Balin: President of VICE" Thanks, that's what I thought but I've had people express concern about it. I don't exactly have the deep pockets of a big porn production company, so I wanted to avoid even the slightest possibility of legal troubles, but I doubt this will be a problem for me.
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Jan 4, 2013 21:54
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THE GREAT STATE OF CALIFORNIA REPORTING IN So, here's a good story and I'm so pissed right now I want to murder a small child. My (ex) roommate has been on vacation for the holidays since before christmas. Usually we pay bills on the 15th, I usually cover it and he-reimburses me. Today I get an envelope in the mail with the apartment keys and a small note about how "gods plan blah blah blah sorry for the inconvienence" Yes, that slight matter of the $900 in rent he owes me for January and the $125 he owes me for the December bills. As its now the 4th, rent was due 4 days ago and while I'll probably be able to cover this month i'll be stretched to the limit so you might imagine I'm loving livid. I told him when he moved in 30 days was all I needed and everything would be great. Things I have: a scanned agreement from when he initally moved in about paying a part of the rent with another part to be paid later, signed by both of us. The evenlope he sent the keys in with a Colorado return address. The handwritten note attached to the keys, a cell phone number, and the name of his lovely rear end Rap band. Before we get there,I realize I should have done far more documentation before I let him move in but hindsight is 20/20. My question is what kind of recourse do I have here. I know I don't have much chance of getting any money but would it be possible to get a bench warrant if he doesn't show up to a small claims trial? If he were to show up and I won would I be able to take his assets etc? Further, how does the cross-state process serving part of this work? Bottom line: What are my options for nailing this son of a bitch to a wall and maybe slighly possibly getting some of my money? Does small claims do bench warrants? That would make me happy.
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Jan 5, 2013 04:56
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Basically nothing. Get default judgment or whatever, he's skipped town, is probably judgment proof, and even if he's not AND you manage to get a judgment, you're left trying to collect on 1000$. Give a sheriff's company a call, see if they're willing to seize some poo poo to sell on a 1,000$ judgment, tell me how hard they laugh at you. Guard yourself better in the future, chalk it up as a learning experience edit: also lol at "will they issue a warrant for failing to appear for a small claims matter". It takes a month's missed rent to turn you into a Dickensian villain hoping that all those that have slighted you will be arrested and/or jailed for their insolence terrorist ambulance fucked around with this message at 05:22 on Jan 5, 2013 |
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Jan 5, 2013 05:15
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air- posted:Back when I signed up, I was under the impression that I was just signing to pay my fees on a digital reader, exactly as how you'd pay at any other retail store. However, the salesman failed to mention that my digital signature was put on an agreement, and more importantly, didn't say anything about the clause on the document that said I only have 3 days to cancel. I never even saw this document until I told the front desk about ending my membership. If I'd known about such an agreement and that clause, there's no way I'd have signed anything! This is learning the hard way to be very careful about anything you sign. The digital signature machine was probably displaying a contract, as well as what you'd be paying, and a line for you to sign on. It sounds like the salesman was being deceiving about the terms of your membership, but unfortunately in most cases with corporate contract and an individual like you, the corporation will win in the courts. Your signature might have even agreed to an arbitration clause, which is very common with U.S. corporations these days, which would waive your right to sue them in any court. They probably use the exact same kind of contract-displaying digital signature machine at AT&T stores, where you sign up for a phone and plan in-person at the point of sale.
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Jan 5, 2013 07:38
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terrorist ambulance posted:Basically nothing. Get default judgment or whatever, he's skipped town, is probably judgment proof, and even if he's not AND you manage to get a judgment, you're left trying to collect on 1000$. Give a sheriff's company a call, see if they're willing to seize some poo poo to sell on a 1,000$ judgment, tell me how hard they laugh at you. v0v I am not a lawyer so (read: I'm a TV lawyer) so I figured it would at least be worth asking. Also you say "judgement proof." I have pretty good reason to believe that while he may not be in town right this second, he will probably be again in the very near future. You see he's a 31 year old white rapper who likes to play at all the local venues so I don't think I'll have too much of a hard time tracking him down. So if I do get a judgement, and I do track him down, then what? HUGE SPACEKABLOOIE fucked around with this message at 20:08 on Jan 5, 2013 |
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Jan 5, 2013 20:06
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HUGE SPACEKABLOOIE posted:v0v I am not a lawyer so (read: I'm a TV lawyer) so I figured it would at least be worth asking. "Judgment proof" is lawyer speak for "broke as poo poo." If he doesn't have any money, you won't get anything even if you win. They're not going to throw him in debtor's prison.
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Jan 5, 2013 20:34
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The only chance you have on judgments usually is if you locate some real estate they have. And you better hope there arent already 5 mortgages on it.
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Jan 5, 2013 20:37
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You can probably get an order for seizure & sale for a vehicle if you had a judgment. Look at your state's civil / small claims rules. I doubt anyone is going to enforce it for you though vv There's probably some forms down at the local courthouse or online regarding small claims debtor remedies. Look into it a bit and then give up when you find what a pain in the rear end it is to garnish wages even if someone has a steady job and you know where they work vv terrorist ambulance fucked around with this message at 21:20 on Jan 5, 2013 |
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Jan 5, 2013 21:16
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He doesn't own any real-estate, I know he isn't totally broke and he does own a car. Which by sheer coincidence is worth about the same amount that he owes me. As I said before he also plays shows at local venues, would it be possible to get a "lien" (is that the right word) on any (admittedly small) income he would get from that. Honestly at this point it isn't about getting the money back but making his life a living hell. Also I found something called "Contingency collection services" which just collect a percentage of whatever they recover. I'm fairly confident I have enough info to eventually pinpoint when and where he might be. He's a pretty big Vegas guy and won a decent amount of money there recently. Further, if I do take this to small claims, can he be compelled to provide where he banks, a list of assets, proof of ownership on the car, etc? HUGE SPACEKABLOOIE fucked around with this message at 21:21 on Jan 5, 2013 |
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Jan 5, 2013 21:17
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What about going on a tv court show? They usually pay the awarded amount, at least. Then tell us when it shows, so we can all be entertained.
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Jan 5, 2013 21:46
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HUGE SPACEKABLOOIE posted:
http://bit.ly/WkJQMg http://oag.ca.gov/consumers/general/small
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Jan 5, 2013 21:52
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OK I'm bored so I looked up the CA exemptions since I'm awesome: He can protect up to $3,525 in vehicle equity, plus a wildcard exemption of $23,250 he can apply to ANYTHING including splitting to cover all his liquid accounts and leftover vehicle equity. In other words, his personal property is 100% immune from collections. Sorry dude, you have no practical legal remedy. It might be worth suing, just to put it on his credit report. But that's probably the extent of it. woozle wuzzle fucked around with this message at 22:43 on Jan 5, 2013 |
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Jan 5, 2013 22:35
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woozle wuzzle posted:Sorry dude, you have no practical legal remedy. It might be worth suing, just to put it on his credit report. But that's probably the extent of it. This was a question I was going to ask on the subject of small claims a little while ago but didn't. If you have a judgement in your favor against someone who isn't paying, can you just call up the big three and get it put on their report? For context, a friend of mine runs a moving labor business and a client skipped out on a bill of $1k+ by leaving the state. I've told him a couple of times that he should just make a failure to pay notice for the person's credit report. I suggested this because the client runs a business himself and might be concerned about damaging his credit.
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Jan 5, 2013 22:44
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And tell me as a non-lawyer how might I word that in google to get some accurate search results? Or did I accidently not click on the legal questions thread? In terms of assets, I have no idea what he actually has liquid. For I all I know he scored 10,000 in Vegas 2 months ago. I realize this may be a totally lost cause but the stubborn bastard in me can't. As far as his vechile, its a POS but may well be worth more than the $3k the poster before listed. If I can nuke his credit to hell and back I'd settle for that too.
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Jan 5, 2013 22:49
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HUGE SPACEKABLOOIE posted:And tell me as a non-lawyer how might I word that in google to get some accurate search results? It should raise some red flags for you about one of the questions raised in your first post. quote:With two exceptions, service of process must be made within the boundaries of the State of California.
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Jan 5, 2013 23:13
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hyperbowl posted:Literally the first result for california small claims is this guide. He may be in CO now but unless he abandons his white rapper dream he will be back
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Jan 5, 2013 23:42
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HUGE SPACEKABLOOIE posted:He doesn't own any real-estate, I know he isn't totally broke and he does own a car. Which by sheer coincidence is worth about the same amount that he owes me. As I said before he also plays shows at local venues, would it be possible to get a "lien" (is that the right word) on any (admittedly small) income he would get from that. Honestly at this point it isn't about getting the money back but making his life a living hell. You've already told us that money is tight for you. Stop now, learn your life lesson about getting your rent-split agreements in writing, and don't become a Captain Ahab.
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Jan 6, 2013 00:02
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If all you want now is some sort of moral vengeance, it would be a better investment of your time and money to try and seduce his girlfriend/mother, steal his dog, or start a rap blog to mock every show/song he makes.
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Jan 6, 2013 00:23
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HUGE SPACEKABLOOIE posted:I have no idea what he actually has liquid. For I all I know he scored 10,000 in Vegas 2 months ago. I realize this may be a totally lost cause but the stubborn bastard in me can't. As far as his vechile, its a POS but may well be worth more than the $3k the poster before listed. woozle wuzzle posted:a wildcard exemption of $23,250 he can apply to ANYTHING In all the infinite universes, there's not a single one where a lawsuit gets you a penny.
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Jan 6, 2013 00:28
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Well if anything this thread has convinced me to pursue alternate means of addressing this.
HUGE SPACEKABLOOIE fucked around with this message at 00:44 on Jan 6, 2013 |
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Jan 6, 2013 00:42
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I recently read an article that describes patent trolls suing small business end users for scanning and e-mailing documents. It got me wondering- is it possible for multiple defendants sued under the same or very similar terms to have their cases consolidated into a single case? Kind of like how a case with numerous plaintiffs can be consolidated as a class action.
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Jan 6, 2013 02:46
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Ashcans posted:If all you want now is some sort of moral vengeance, it would be a better investment of your time and money to try and seduce his girlfriend/mother, steal his dog, or start a rap blog to mock every show/song he makes. HUGE SPACEKABLOOIE posted:Well if anything this thread has convinced me to pursue alternate means of addressing this. You could become Son of Syko Sam!
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Jan 6, 2013 19:47
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I've been thinking of putting up "THIS MAN IS A PEDOPHILE" posters with his picture and link to his wonderful facebook page all around the venues he likes to play.
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Jan 6, 2013 20:43
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HUGE SPACEKABLOOIE posted:I've been thinking of putting up "THIS MAN IS A PEDOPHILE" posters with his picture and link to his wonderful facebook page all around the venues he likes to play. Cool, effective, and funny. Anything else you've considered doing
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Jan 6, 2013 21:05
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HUGE SPACEKABLOOIE posted:I've been thinking of putting up "THIS MAN IS A PEDOPHILE" posters with his picture and link to his wonderful facebook page all around the venues he likes to play. That's defamation man.
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Jan 6, 2013 21:13
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How about "THIS MAN IS NOT A PEDOPHILE"
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Jan 6, 2013 21:25
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THIS MAN REFUSED TO GIVE ME THE COMMON COURTESY OF A REACH AROUND
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Jan 6, 2013 21:41
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This man enticed me into slavery in contravention of my inherent personal god given jurisdiction as post-master general and has full and unlimited civil liability to my corporate person for 1 (ONE) WHOLE MONTH'S RENT AND THE TOTAL LIQUIDATED BOND VALUE ASSOCIATED WITH MY CERTIFICATE OF LIVE BIRTH CURRENTLY VALUED AT 1,000,000,000$ (ONE BILLION DOLLARS) if you see him please arrest w/ the power god gave to all neutral non-belligerents through his agent and steward, King Jesus Christ ps by reading this you have accepted full good faith fiduciary duties to my natural, flesh and blood (NOT SOVEREIGN-GRANTED) person and self
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Jan 6, 2013 21:59
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euphronius posted:That's defamation man. Isn't defamation stupidly hard to prove in the US? Or am I thinking of libel and slander? Edit: I not likely to push the small claims thing, I'm just playing things out in my head. I'd have sworn I saw a post about serving someone papers from out of state but I don't see it now. If I can serve him out of state that should be fairly straight forward as I know where he is in Colorado. If I cannot serve papers out of state as he has no, or will not provide a known address, is it possible to get a court to issue an order to provide service in a public forum such as a newspaper? I'm very much aware the chances of getting anything out of this is exactly zero. While money is tight right now it won't be here shortly. the tl:dr here is what are my options for serving papers to someone who does not want to be found? HUGE SPACEKABLOOIE fucked around with this message at 01:43 on Jan 7, 2013 |
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Jan 7, 2013 00:56
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HUGE SPACEKABLOOIE posted:Isn't defamation stupidly hard to prove in the US? Or am I thinking of libel and slander? Defamation is libel and slander. However, the reasons it's normally tough to prove defamation are: 1) For public figures (or figures who have injected themselves into a public controversy), you have to show actual malice; and 2) You generally have to prove actual damages as a result of the defamation. In our hypothetical, however, it appears there could be an accusation of criminal activity (child molestation and/or child porn, based on the "pedophile" bit), and/or accusations tending to harm a profession/business (same) of a private individual without a public controversy. So defamation would be an easier case to prove in this hypothetical than usual.
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Jan 7, 2013 01:02
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terrorist ambulance posted:This man enticed me into slavery in contravention of my inherent personal god given jurisdiction as post-master general and has full and unlimited civil liability to my corporate person for 1 (ONE) WHOLE MONTH'S RENT AND THE TOTAL LIQUIDATED BOND VALUE ASSOCIATED WITH MY CERTIFICATE OF LIVE BIRTH CURRENTLY VALUED AT 1,000,000,000$ (ONE BILLION DOLLARS) if you see him please arrest w/ the power god gave to all neutral non-belligerents through his agent and steward, King Jesus Christ Use this one, but write it on a sandwich board and wear it outside every one of his shows.
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Jan 7, 2013 01:32
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goku chewbacca fucked around with this message at 07:49 on Mar 18, 2014 |
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Jan 7, 2013 09:40
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I have a really stupid question that occurred to me, asked only out of curiosity and not out of a desire to try anything. State to state laws for recording conversations and warning people that it's happening vary, obviously. Every single time you call in to any sort of customer service center they have the pre-recorded warning that it may be recorded. Ostensibly this would suggest that the support person on the other end of the line is aware that they may be recorded as well. Generally speaking, if they know that they're being recorded on their end, would I need to warn them that I'm recording too? If they're aware that someone is recording, would that blanketly cover that several people may be recording? I imagine the answer is "yes you'd have to tell them" but thought I'd ask. Sitting on hold with half a dozen utilities getting the new house set up has left me plenty of time to wonder.
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Jan 7, 2013 14:43
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goku chewbacca posted:A acquaintance is planning to break things off with her fiance and ask that person to move out. This question is about the engagement ring and money that the partner owes to my acquaintance for joint bills and household expenses. Keeping or selling the ring without an agreement is resorting to self-help, which is not a great way to go about it. A court will have zero interest in the random expenses of an unmarried couple unless there was a very specific agreement on payment. A cohabitating unmarried couple are treated the same as random strangers on the street. It's either marriage or zero obligation in the eyes of the law. The ex-fiancee just says "no I didn't agree to pay half of that, she did the shopping anyway". The judge won't care about a million receipts unless there was a clear contract for repayment. Highly unlikely that the expenses hold up in the theoretical future lawsuit. The solution is for her to talk to him about selling the ring to recoup lost money. Neither of them is going to want the drat thing. She should say something like "You owe me X thousand dollars, I'm willing to sue but if you let me sell the ring then we'll call it even" (it's a semi-bluff since she has no real way to recoup by suing even if she won, but the goal is for him to feel like he's getting value in return). She should not say something like "You're a drat filthy bum and you should not be an rear end in a top hat for once and let me sell this ring". woozle wuzzle fucked around with this message at 15:32 on Jan 7, 2013 |
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Jan 7, 2013 15:20
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woozle wuzzle posted:Engagement rings are due back to the giver of the ring if it's broken off before the wedding. This varies by jurisdiction. Alchenar fucked around with this message at 15:29 on Jan 7, 2013 |
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Jan 7, 2013 15:27
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Yeah I was going to say that engagement ring rule varies state to state and even case to case.
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Jan 7, 2013 15:29
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Not in his jurisdiction since he said that in his state it was conditional upon completion of the marriage... So... yeah. I removed that first sentence, since it caused palpitations.
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Jan 7, 2013 15:33
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Tried to make it clear I'd done some research about gift vs. conditional agreement for the ring before I came to bother you not-my-lawyers. In our state, the ring goes back to the giver, no matter who broke off the engagement.woozle wuzzle posted:Keeping or selling the ring without an agreement is resorting to self-help, which is not a great way to go about it. A court will have zero interest in the random expenses of an unmarried couple unless there was a very specific agreement on payment. A cohabitating unmarried couple are treated the same as random strangers on the street. It's either marriage or zero obligation in the eyes of the law. The ex-fiancee just says "no I didn't agree to pay half of that, she did the shopping anyway". The judge won't care about a million receipts unless there was a clear contract for repayment. Highly unlikely that the expenses hold up in the theoretical future lawsuit. I figured things like gas, food, supplies etc. would be to hard to prove a 50/50 agreement. Correct many if any of this is wrong: since unmarried cohabitating partners are treated like unrelated roommates sharing an apartment, it's assumed rent and bills/utilities will be split 50/50, since she can show evidence of him paying 1/2 for the months before he became unemployed. Burden of proof would be on him to show an arrangement for anything other than 50%, like income proportional.
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Jan 7, 2013 17:28
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