|
If he's a student, his student body or university may have a free legal consultation service/day. At least, my undergrad did.
|
#
?
Jun 26, 2013 18:20
|
|
|
|
| # ? Jun 3, 2024 20:45 |
|
|
I've never been to Oregon and I'm definitely no lawyer, but many ex-cops do speak their strange tongue  . In the unlikely event your brother's case is adjudicated by the laws of Oregon, he might be amused to learn that it is illegal (source) to use a negative-option billing program as part of a sales promotion unless that option is "clearly and conspicuously disclosed".His next step is to read the agreement to see which state's laws he's dealing with so he knows what to tell his lawyer. The better-prepared he is in his question, the more likely he will be to get his question answered on the cheap.
|
|
#
?
Jun 26, 2013 18:35
|
|
|
They're going to sue him for $90? How can they not lose massively on that proposition?
|
|
#
?
Jun 26, 2013 18:55
|
|
|
That's $90 plus "costs". But don't worry I'm sure their crack team of investigators is paid a fair wage at market rates 
|
|
#
?
Jun 26, 2013 19:00
|
|
|
Can someone please explain to me why he should not send an email to cancel and also issue a chargeback, thereby covering his rear end in adhering to their ridiculous policy?
|
|
#
?
Jun 26, 2013 19:06
|
|
|
Arcturas posted:If he's a student, his student body or university may have a free legal consultation service/day. At least, my undergrad did. He's only taking a single class this term as he technically "Graduated" a week ago from UO, albeit a few credits short. So, he's still kind of a student but has his diploma, I don't really know how that whole thing works. flakeloaf posted:I've never been to Oregon and I'm definitely no lawyer, but many ex-cops do speak their strange tongue That is a very interesting link, and I will be sure to pass it on to him. Thanks! I think this is something better interpreted by a lawyer and not me. baquerd posted:They're going to sue him for $90? How can they not lose massively on that proposition? They haven't threatened suit yet, it was in regards to the interesting statement in their ToS. It was more "if they do decide to sue him post chargeback, what next? flakeloaf posted:That's $90 plus "costs". But don't worry I'm sure their crack team of investigators is paid a fair wage at market rates editing out internet detectiving. e: NancyPants posted:Can someone please explain to me why he should not send an email to cancel and also issue a chargeback, thereby covering his rear end in adhering to their ridiculous policy? He did e-mail to cancel and requested a refund. They said "no" to the refund, but I assume (need to verify with him) they did cancel the service. He was scared of the wording in their ToS and didn't want to go the chargeback route without looking into what they could potentially do in return should he reverse the charge with the bank. e: VVV Agree. Will advise him to do nothing without a lawyers go-ahead. Just to make sure he doesn't fight scum with scummy actions. Winkle-Daddy fucked around with this message at 03:01 on Jun 27, 2013 |
|
#
?
Jun 26, 2013 19:10
|
|
|
Without having read the specific agreement I can't be positive, but from previous experience with scams like this he needed to send the cancellation email within N days of receiving the discounted product or he would be charged the full amount. N has now passed, so he's on the hook for the full purchase price. The company could have a no refunds/returns policy that precludes an exchange (they won't accept the product back for %insert_health_reason), and if he successfully petitions for a chargeback he ends up with both the product he was supposed to pay for and the money, which would be fraud. That's the trap. The right answer is to find whatever consumer protection law specifically forbids this kind of negative-option billing and invite the company to stand opposite a real lawyer in a real court and explain why their deceptive business practice should be allowed to continue. The company would almost certainly not step wilfully into that arena.
|
|
#
?
Jun 26, 2013 19:13
|
|
|
Winkle-Daddy posted:Thanks! I appreciate it and will tell him to talk to a lawyer about what may or may not happen should he chose to go this route. Edit: Nevermind. I thought this was a question of jurisdiction. blarzgh fucked around with this message at 21:49 on Jun 26, 2013 |
|
#
?
Jun 26, 2013 21:46
|
|
|
So I received a letter from the US Department of Justice Victim Notification Service about some guys charged with Counterfeiting and Forgery, based on their possession of stolen tax refund checks. I didn't receive a state or federal refund check last year, but I was dealing with a lot of college poo poo at the time, and just forgot about it and never reported it or filed a police report. The letter and the website are fairly vague on any details beyond the fact that charges have been filed several states away from me. Is there any chance I will receive restitution for my stolen checks, and is there anything I should do to make it happen?
|
|
#
?
Jun 28, 2013 05:22
|
|
|
Roxors posted:So I received a letter from the US Department of Justice Victim Notification Service about some guys charged with Counterfeiting and Forgery, based on their possession of stolen tax refund checks. I didn't receive a state or federal refund check last year, but I was dealing with a lot of college poo poo at the time, and just forgot about it and never reported it or filed a police report. The letter and the website are fairly vague on any details beyond the fact that charges have been filed several states away from me. Investigate the reply address and any phone numbers. You may be getting phished.
|
|
#
?
Jun 28, 2013 17:53
|
|
|
patentmagus posted:Investigate the reply address and any phone numbers. You may be getting phished. I don't think it is. The website it directed me to was https://www.notify.usdoj.gov and the login information it gave me worked. The stamp on the envelope is the US official mail stamp and it is from the correct postal code. The number it gives for the call center also matches up with the one here http://www.justice.gov/criminal/vns/about/doj-avns.html
|
|
#
?
Jun 28, 2013 19:11
|
|
|
Looks legit.
|
|
#
?
Jun 28, 2013 21:40
|
|
|
U.S. LAW GOON TRIVIA Technically, this is a legal question; I just happen to already know the answer to it. In a suit concerning Real Property, a Municipality(city) has filed suit to demolish the structure on the real property pursuant to a violation of a City Ordinance. The property is situated wholly in County X, the City has brought suit in County Y. Defendant makes a challenge to the Court's jurisdiction and the venue on the grounds that the property is not located in County Y. Defendant loses the challenge. Why? blarzgh fucked around with this message at 21:50 on Jun 28, 2013 |
|
#
?
Jun 28, 2013 21:47
|
|
|
The city operates at the pleasure of the county, which can't hear a suit against itself?
|
|
#
?
Jun 28, 2013 21:53
|
|
|
flakeloaf posted:The city operates at the pleasure of the county, which can't hear a suit against itself? Nope. Counties (and County Entities) bring suit in their own District Courts all the time.
|
|
#
?
Jun 28, 2013 22:17
|
|
|
blarzgh posted:U.S. LAW GOON TRIVIA The city is in more than one county?
|
|
#
?
Jun 28, 2013 22:20
|
|
|
There are no courts in County Y? The Defendant lives in County Y? The City decisionmakers' office is in the part of City located in County Y? The suit was filed in federal court and you're playing an elaborate trick involving civ pro and removal stuff?
|
|
#
?
Jun 28, 2013 22:28
|
|
|
blarzgh posted:U.S. LAW GOON TRIVIA The defendant lived, was organized, or ran a business in County Y?
|
|
#
?
Jun 29, 2013 00:48
|
|
|
The court has a flag with a fringe on it, meaning it's sitting in admiralty?
|
|
#
?
Jun 29, 2013 00:52
|
|
|
The attorney for the City is golf buddies with the judge in County Y, and the defendant is not.
|
|
#
?
Jun 29, 2013 03:34
|
|
|
The defendant is the only judge in County X somehow.
|
|
#
?
Jun 29, 2013 05:09
|
|
|
Baruch Obamawitz posted:The city is in more than one county? DINGDINGDING In a suit to enforce a city ordinance, Jurisdiction and Venue are proper in the county in which the city is located! If the city spans two counties, Jdx is proper in either, and so a challenge to the same fails! I just learned this today, and as far as I can tell, its the only exception to the "law of the situs". Im sure there are others, but I thought it was neat. The other answers were good, but ultimately, conflicts of interest (only judge) are matters of recusal, and thus Venue, not jurisdiction. Every county has a district court, and when there arent enough judges to go around, several counties will share districts, and judges from contiguous counties will actually "ride circuit", serving multiple counties, and thereby avoiding the solo judge/solo court problem. blarzgh fucked around with this message at 05:18 on Jun 29, 2013 |
|
#
?
Jun 29, 2013 05:13
|
|
|
blarzgh posted:Every county has a district court, and when there arent enough judges to go around, several counties will share districts, and judges from contiguous counties will actually "ride circuit", serving multiple counties, and thereby avoiding the solo judge/solo court problem. Random legal knowledge, I love you.
|
|
#
?
Jun 29, 2013 06:33
|
|
|
nm posted:Actually, Todd County, South Dakota has no courthouse. All cases are heard in Winner, Tripp County, SD. Well there you go. "It depends" wins again, as the only, always correct answer to any legal question.
|
|
#
?
Jun 29, 2013 16:17
|
|
|
I have a problematic situation with a house I own, that someone has been renting out for me (acting as landlord) for a number of years. Facts are as follows: - Most recent tenant has left and will be ending their lease early because electricity bills were too high ($300+ over the winter) - Electricity bills were sky high because electric heat pump wasn't configured correctly (there is a jumper that should tell the heat pump to kick on the backup electric, but it was set to try to use oil, which was no longer present, so the heat pump ran constantly) - the landlord installed the heat pump, and it's possible that he installed it incorrectly from the beginning, though there is no proof to support that The tenant owes me almost $2500 in back rent (before 8% commission of landlord) So now, the situation is that I'm taking over management going forward, but he wants to continue to receive payments from the now vacated tenant (And therefore take his 8% commission for doing exactly nothing, beyond sending me smaller checks than he receives from the actual tenant) In addition, his intention is to take the original deposit and use it for covering some of the rent he is owed (he says that one month he paid me the rent, only to have the tenants check bounce, meaning that he should be paid that rent up front to recoup). I feel like this may be his fault, but I have no proof other than an actual licensed technician saying "the jumper was set to oil not electric", and I also don't feel that he should continue to take 8% commission from what the tenant is going to pay to cover what they owe for prior months, now that they've moved out. Do I have a leg to stand on here? I feel like I'm getting screwed by my landlord for a problem that may well have been his fault to begin with, and don't know what to do.
|
|
#
?
Jul 2, 2013 15:42
|
|
|
Where is this taking place? Do you have a contract with the property manager?
|
|
#
?
Jul 2, 2013 15:47
|
|
|
FrozenVent posted:Where is this taking place? Do you have a contract with the property manager? Virginia, South West VA if that matters. I do have a contract with him. I am not sure if I have one in hand, but it's a pretty standard agreement; he used from a local property management company as a template. I could provide that if necessary.
|
|
#
?
Jul 2, 2013 15:56
|
|
|
Bastian posted:Do I have a leg to stand on here? I feel like I'm getting screwed by my landlord for a problem that may well have been his fault to begin with, and don't know what to do. If he's going to handle collecting from the Tennant who left early, why not just tell him he can keep his job as long as you get your money on time? You can fire him as soon as he is late with a check. If the money keeps coming in you don't have to worry about it, because collection work isn't quick or easy and it is probably worth at least 8% to you. If he isn't able to collect, you are losing income, he isn't doing his job, then you have grounds to fire him.
|
|
#
?
Jul 2, 2013 15:58
|
|
|
Expect him to argue that the tenant moving out wasn't a foreseeable consequence of his negligence, and that it's the tenant who should be suing him for the increased power bill. For the other stuff, that contract should spell out how to proceed and I'd be very enthusiastic about reading it.
|
|
#
?
Jul 2, 2013 16:06
|
|
|
bigpolar posted:If he's going to handle collecting from the Tennant who left early, why not just tell him he can keep his job as long as you get your money on time? You can fire him as soon as he is late with a check. If the money keeps coming in you don't have to worry about it, because collection work isn't quick or easy and it is probably worth at least 8% to you. That's a fair point. I do feel like the tenant has been screwed here too. The result of that is that they owe me $2500, which they've agreed to pay me at $50/week at first, then $100/week. Gonna take a while.
|
|
#
?
Jul 2, 2013 18:23
|
|
|
flakeloaf posted:Expect him to argue that the tenant moving out wasn't a foreseeable consequence of his negligence, and that it's the tenant who should be suing him for the increased power bill. I don't have the exact one I signed on me at the moment, but below is a link to the sample contract he used, which should be very similar to our signed agreement. http://ge.tt/8GmCcnk/v/0?c looking back through my email, he had said that he needed to change some things on pages 3-4, but i'm not sure what. Bastian fucked around with this message at 18:35 on Jul 2, 2013 |
|
#
?
Jul 2, 2013 18:30
|
|
|
flakeloaf posted:Expect him to argue that the tenant moving out wasn't a foreseeable consequence of his negligence, and that it's the tenant who should be suing him for the increased power bill. something else worth noting is that I don't think the tenant knows any details about him being the one to install the unit, or the reason why the bill was so high. He hasn't outright said it, but he seems to keep trying to lead me away from taking over, which would in turn result in me talking to the tenant and letting them know about what happened.
|
|
#
?
Jul 2, 2013 18:34
|
|
|
Bastian" poste="417077747 posted:That's a fair point. I do feel like the tenant has been screwed here too. The result of that is that they owe me $2500, which they've agreed to pay me at $50/week at first, then $100/week. Gonna take a while. Is that rate equal (or close enough) to your expected rental income? It sounds like it is a little low. Also, (just out of curiosity) is that back rent, or the remainder they owe on the lease? If it is the remainder of their lease, the nice thing to do would be to let them off once you re-rent. This is required in some states (but not all). Even if your lease states that all the rent is still due if they break the lease, that is not always enforceable in all states (Florida, for one). Your manager is attempting to get new tenants, right? In most states you have a duty to mitigate damages, and if you are just collecting money from them without trying to rent out the place, you may have issues if you ever end up in court. You may be limited to a certain term and a specific fee for expenses related to advertising and cleaning. This should be pretty easy to find out.
|
|
#
?
Jul 2, 2013 18:35
|
|
|
Bipolar, answers in-line: Is that rate equal (or close enough) to your expected rental income? It sounds like it is a little low. A) Not even close. Rent is $850/mo. Also, (just out of curiosity) is that back rent, or the remainder they owe on the lease? A) This only covers back rent owed through July. August 1st, a new tenant moves in If it is the remainder of their lease, the nice thing to do would be to let them off once you re-rent. This is required in some states (but not all). Even if your lease states that all the rent is still due if they break the lease, that is not always enforceable in all states (Florida, for one). A) Their lease actually runs through Feb next year; they've already moved in with their parents and will be released from their agreement at the end of July. At that time, I will be taking over management of the property.
|
|
#
?
Jul 2, 2013 18:40
|
|
|
Bastian posted:He hasn't outright said it, but he seems to keep trying to lead me away from taking over, which would in turn result in me talking to the tenant and letting them know about what happened. I'd say it's more towards you finding out he's been screwing you over somehow.
|
|
#
?
Jul 2, 2013 21:00
|
|
|
Tomorrow I go in for the closure meeting with the EEO investigator for my sexual harassment claim. As the complaintant, which documents am I legally allowed to view? Anything besides my NDA and intake form?
tishthedish fucked around with this message at 18:37 on Jul 3, 2013 |
|
#
?
Jul 3, 2013 01:53
|
|
|
My husband and I are new parents. What type of legal help should we look for in setting up guardianship arrangements should we both die and directing our life insurance appropriately and so forth?
|
|
#
?
Jul 3, 2013 03:14
|
|
|
sheri posted:My husband and I are new parents. What type of legal help should we look for in setting up guardianship arrangements should we both die and directing our life insurance appropriately and so forth? You want a lawyer who specializes in wills, trusts, and estates. They'll handle most of it - guardianship arrangements might be outside their core competence but they should know someone who can handle that part if they can't.
|
|
#
?
Jul 3, 2013 04:48
|
|
|
tishthedish posted:Tomorrow I go in for the closure meeting with the EEO investigator for my sexual harassment claim. As the complaintant, which documents am I legally allowed to view? Anything besides my NDA and intake form? Your company's internal EEO investigator or an EEO investigator from a government agency?
|
|
#
?
Jul 4, 2013 03:31
|
|
|
|
| # ? Jun 3, 2024 20:45 |
|
|
JohnnyHildo posted:Your company's internal EEO investigator or an EEO investigator from a government agency? My company's HR EEO investigator.
|
|
#
?
Jul 4, 2013 03:46
|
|