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This is my morning go-to favorite thread because I have learned a lot from the legal goons that post frequently. Thank you all for helping. However, as much as I enjoy Angry Hippo's arrogance and ignorance, may I please interrupt with a quick question? Fairfax County, Virginia. HOA issue- I was cited for having gas cans "touching" my back fence, but on the common ground. They are not mine, nor do I know how they got there, nor who put them there (and technically they are more on my neighbors side, but he didn't get a citation.) The issue is however, that I have been cited for them. I have dealt with other minor citations before (every single one was remedied timely), but it takes a complete pain in the rear end of time, phone calls, pictures, receipts, etc., to prove that the work was done. Thing is, I didn't put these gas cans there and it is on common ground. Why the hell should I have to deal with this? Should I kick them away from the fence, take a pic and tell them to gently caress off?
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Jul 21, 2013 02:40
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Have you told the hoa that they are not your cans?
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Jul 21, 2013 02:44
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gently caress it why not. Angry nerdo posted:The company president responded with a settlement offer for 85% of my original asking amount. Incredibly.
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Jul 21, 2013 02:53
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Not yet, as I received the letter today. Point is proving that they aren't mine. Just wanted advice before I call on Monday.
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Jul 21, 2013 02:55
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Tingles posted:This is my morning go-to favorite thread because I have learned a lot from the legal goons that post frequently. Thank you all for helping. However, as much as I enjoy Angry Hippo's arrogance and ignorance, may I please interrupt with a quick question? IANAL. Tell them they aren't yours. Throw them away if it makes your HOA happy. If they don't believe you, paying the fine is probably going to be the simplest course of action unless its stupid money. If they won't do the nice thing and believe you, if its under $100 I'd pay it to make the problem go away. Tingles posted:Not yet, as I received the letter today. Point is proving that they aren't mine. Just wanted advice before I call on Monday. There is probably no reasonable way to prove they aren't yours unless you happen to have surveillance cameras.
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Jul 21, 2013 02:59
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Go put them on the Homeowner's Association president's back fence and then have him cited for it.
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Jul 21, 2013 03:09
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Runic Edge posted:Got a quick question. I am tangentally related to a case concerning criminal threat. From what I understand, even if the accused threatener is totally acquited of all charges and nothing sticks, not only do they still face penalties in some states for merely being put up for a possible felony, but any fees incrued such as bail/legal fees/etc. is on their shoulder to pay, with the defense paying nothing but their own legal fees (which will probably be much smaller) unless verifiably proved they put forth the accusation while knowing it was false. And even then it is iffy. Besides the slim possibility of being prosecuted for filing a false report (unlikely unless you accuse a cop), little. Want to be on a jury?
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Jul 21, 2013 04:08
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Diplomaticus posted:gently caress it why not. See. That's the best part. By making these poo poo settlement offers, companies are winning. They're still paying less than what they owe otherwise. And people like Angry Hippo think they "win".
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Jul 21, 2013 05:50
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an unpretty misfit posted:Apologies if this has been addressed previously in this thread, though I've just received a final hearing notice, regarding a default judgement related to a house I had foreclosed upon in Florida nearly two years ago. I no longer live in Florida, and am not at all sure as to how I should proceed. Would deeply appreciate any advice you all might have! Thank you! Consult a lawyer local to the jurisdiction ASAP. Ask about "Deficiency Judgments".
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Jul 21, 2013 07:02
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Tingles posted:This is my morning go-to favorite thread because I have learned a lot from the legal goons that post frequently. Thank you all for helping. However, as much as I enjoy Angry Hippo's arrogance and ignorance, may I please interrupt with a quick question? HOAs are self contained entities, with only the powers designated them by their articles of incorporation, and/or the deed restrictions that all the homes in the neighborhood are subject to. Just call someone, or show up at the next meeting, and explain your situation. Be nice about it, the dude who saw the gas cans and thought they were yours is one of your neighbors.
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Jul 21, 2013 07:08
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Runic Edge posted:Got a quick question. I am tangentally related to a case concerning criminal threat. From what I understand, even if the accused threatener is totally acquited of all charges and nothing sticks, not only do they still face penalties in some states for merely being put up for a possible felony, but any fees incrued such as bail/legal fees/etc. is on their shoulder to pay, with the defense paying nothing but their own legal fees (which will probably be much smaller) unless verifiably proved they put forth the accusation while knowing it was false. And even then it is iffy. First of all, not every accusation of a crime is prosecuted, or even investigated. Police and District Attorneys don't just absolutely accept the word of every purported victim that calls in. In the ideal world, they investigate crimes, and only seek to prosecute if there is solid evidence. Further, DAs aren't interested in losing cases, so they generally won't pursue cases they don't think they can win. Also, defamation per se is a common law tort in many states. It means that if you make a claim that inhenerntly defames my character, or specifically that I performed a criminal act, without justification for your statement, you could be subject to civil damages. also, filing a false report to authorities is a crime in, and of itself Finally, it's hard to imagine a world where there is a good reason to waltz around, trying to destroy other people's lives... Edit: you get the bail you post back so long as you show up to court.. Also, public defenders exist for a reason. blarzgh fucked around with this message at 07:27 on Jul 21, 2013 |
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Jul 21, 2013 07:21
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blarzgh posted:Edit: you get the bail you post back so long as you show up to court.. Also, public defenders exist for a reason. Not everyone can afford to have thousands of dollars tied up for months, so they have to pay the 10% for a bail bond.
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Jul 21, 2013 07:36
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blarzgh posted:Also, public defenders exist for a reason. A: You have to be really, really poor to qualify for a PD. B: We charge you on the back end.
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Jul 21, 2013 08:56
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blarzgh posted:Consult a lawyer local to the jurisdiction ASAP. Ask about "Deficiency Judgments". Thank you for responding! I literally thought this was a deficiency judgement, when in actuality, it's a hearing related to the final foreclosure on the property, which I thought had taken place ages ago. I'm dumb as rocks, and will be retaining an attorney tomorrow. :p
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Jul 21, 2013 17:31
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Thanks for the feedback! It's much appreciated.Ashcans posted:Where did your colleague even find this guy? The internet.  He found the dude on some official website that listed immigration attorneys, but who knows if it was actually "official" or not. Thanks again goons!
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Jul 21, 2013 17:56
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Angry Hippo has been PMing me too.Angry Hippo posted:Because "winning"is really about giving half of what your owed to a lawyer instead Captainscraps posted:Nah attorney's fees are awarded in employment lawsuits according to federal statutes. Angry Hippo posted:best case fantasy scenario, get your head out of your rear end Captainscraps posted:You are not a lawyer. You're not as good as me. You're not as smart as me. I love this game.
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Jul 21, 2013 20:19
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Angry Hippo what would it take for you to buy me platinum so you can PM me
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Jul 22, 2013 01:47
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CaptainScraps posted:Angry Hippo has been PMing me too. make him send you a picture of the settlement check.
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Jul 22, 2013 04:09
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Bro Enlai posted:Angry Hippo what would it take for you to buy me platinum so you can PM me Threaten to sue him for $11.71, obviously.
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Jul 22, 2013 04:13
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jassi007 posted:IANAL. Tell them they aren't yours. Throw them away if it makes your HOA happy. If they don't believe you, paying the fine is probably going to be the simplest course of action unless its stupid money. If they won't do the nice thing and believe you, if its under $100 I'd pay it to make the problem go away.
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Jul 22, 2013 16:47
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OK, so filing in magistrate court (Dekalb County in GA) seems pretty straightforward. The fees are also less than I expected. I do have a couple of questions, though, if anyone can answer them. 1. I'm not sure exactly what to ask for. Technically, they have partially paid what they owe me by sending me a smaller check than I was entitled to for the work. The claim form asks for a specific dollar amount. Should this be the difference between what I've been paid, and what is owed? Should it be the gross wages (i.e. before taxes; there wasn't any other withholding going on like insurance or retirement)? I have a paper pay statement with the incorrect amount (minimum wage), but correct number of hours worked that I can use to calculate what I should get instead. 2. Am I better off getting a lawyer involved in this? My employment agreement was very simple, but did say that it could only be terminated by me with two weeks notice, although in Georgia (at will state) I'm not sure if that would hold up, especially considering that the agreement stated that they could terminate it any time they wanted for any reason. Notably, the agreement did not discuss any sort of penalty or really any consequences at all for not giving notice. The portion that discusses my pay does include a nebulous "according to company policy" after the rate, but I was never given any sort of documentation that might support them docking my final check (as an established company policy). There is also no issue of company property that hasn't been returned, because they never issued anything to me. The other reason I'd consider getting a lawyer involved is because I would assume that if judgement is awarded in my favor, attorney's fees in addition to the filing fees could be awarded. If I can stick it to them, why not? I know of a very good lawyer in my area that family members use and I think he would probably take the case. 3. Probably only if I do get a lawyer because I recognize this might be complicated, can I seek additional damages for the financial hardship caused by receiving a significantly smaller (about a third of what I should have received) check? For example, my car payment is late. I had to pay a late fee. I would have been able to pay it if I had been paid correctly. Every day that goes by without that money makes things more difficult, and it's likely there will be additional, similar consequences. Of course, I would expect to only be able to recover things that I can show documentation for.
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Jul 22, 2013 23:37
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Powdered Toast Man posted:OK, so filing in magistrate court (Dekalb County in GA) seems pretty straightforward. The fees are also less than I expected. I do have a couple of questions, though, if anyone can answer them. 1. If the check has cleared, you have to ask for the difference between what you are owed and what you've been paid. But you can add court & filing costs and fees to it as well (say $X principal plus $Y court costs and fees plus ongoing court costs and fees, or something to that effect). 2. If it's not that much money, it's probably not worth getting a lawyer involved. Feel free to ask the family friend lawyer for a consult, but if it's less than $10k I wouldn't think it's worth it. Attorney's fees are probably not available, but it depends on your contract & state law questions that I don't know the answer to. 3. That stuff is "consequential damages" (i.e. loss unique to you as a consequence of their breach). Consequential damages are usually not available, unless they had some reason to know that you were likely to suffer them. (i.e. you told them that you were relying on the check to pay your car payment or something like that) Don't expect they're coming your way.
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Jul 23, 2013 00:25
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Can someone explain what employers are allowed to ask for in terms of being charged of past crimes? If a charge is dismissed, do I have to report that to an employer?
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Jul 23, 2013 00:52
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I'm in Massachusetts. I received a letter from the DA notifying me that I was a witness to a crime, (I was the one that called the police in a domestic assault case, although I was not assaulted) when the per-trail date was, and that I did not have to be in court for it. I filled out the form giving my mailing address and checked the box that I wanted a follow-up letter regarding the case once it was done. I also followed the DA's instructions and mailed in my written statement to the police which I made right after the incident, in case I needed it for whatever reason later on. The pre-trial, which I did not attend, was a month ago and I have not heard or received anything from the DA. I called the office and gave my address again just to make sure they got my form, and they left me a message only telling me they received the phone call with the address and nothing else. What's going on?
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Jul 23, 2013 02:26
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rivid posted:I'm in Massachusetts. I received a letter from the DA notifying me that I was a witness to a crime, (I was the one that called the police in a domestic assault case, although I was not assaulted) when the per-trail date was, and that I did not have to be in court for it. I filled out the form giving my mailing address and checked the box that I wanted a follow-up letter regarding the case once it was done. I also followed the DA's instructions and mailed in my written statement to the police which I made right after the incident, in case I needed it for whatever reason later on. The pre-trial, which I did not attend, was a month ago and I have not heard or received anything from the DA. I called the office and gave my address again just to make sure they got my form, and they left me a message only telling me they received the phone call with the address and nothing else. What's going on? If the prosecution intends to call you as a witness, they should notify you first. It sounds like they have you on the potential witness list for now. If the defendant pleads out, then they will have no use for you. If you're curious, you could look the case up on your county justice department website, and see when trial is set for. You might get a better idea of when, and if you'll be needed. Goon NM should be able to provide you with more specifics.
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Jul 23, 2013 04:27
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InsomnicIneptitude posted:Can someone explain what employers are allowed to ask for in terms of being charged of past crimes? If a charge is dismissed, do I have to report that to an employer? I'm reasonably certain that it depends on the state. In my state, they can ask for whatever they want, but as a general rule, here they only ask about crimes you've been convicted of. Although I've seen one ask about charges before.
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Jul 23, 2013 04:31
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In my experience, failure to give two weeks notice forfeits your right to the last two weeks of pay, as a breach of the terms of the contract. Yours may say something different, or be silent on that specific point, but that's what I would expect the employer to say in its own defense.
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Jul 23, 2013 04:37
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blarzgh posted:In my experience, failure to give two weeks notice forfeits your right to the last two weeks of pay, as a breach of the terms of the contract. Yours may say something different, or be silent on that specific point, but that's what I would expect the employer to say in its own defense.
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Jul 23, 2013 08:59
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blarzgh posted:In my experience, failure to give two weeks notice forfeits your right to the last two weeks of pay, as a breach of the terms of the contract. Yours may say something different, or be silent on that specific point, but that's what I would expect the employer to say in its own defense. It sounds like you're talking about severance pay, which is completely optional in the US and would have to be part of an employment contract. As for wages due for work actually performed, the employer can't just decide not to pay the last few days of actual work performed because the employee didn't give two full weeks' notice.
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Jul 23, 2013 09:44
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Yeah, there might be a couple of "right to work" states where specific employment contracts are common and you could suffer consequences for failing to give notice...that is not the case in Georgia. Welp, looks like I'll self file. I've been emailing them...should I send them a certified letter as one last warning, or just file and wait for them to respond to the claim? Edit: Sent a demand letter; Thanks for the advice, guys. Powdered Toast Man fucked around with this message at 18:42 on Jul 23, 2013 |
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Jul 23, 2013 13:40
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So the girl that I was subleasing my apartment from for like a year and a half has suddenly ceased contact with me when it was time to pay back my $700 security deposit. We have everything in writing so I don't know what she's thinking, we've had a good relationship this whole time, and she's never been like this before so it kind of took a while before I started worrying. What steps should I take? I have all her contact info (email, phone, home address). She lives in California and I'm in NYC. How often should I attempt to email/text/call? Should I send a certified letter to her house or something like that? I'm really not sure what type of actions to take here.
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Jul 23, 2013 18:39
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How much does she owe you? Or do you just owe her the 700?
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Jul 23, 2013 18:42
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She owes us $700, we are no longer subleasing from her (officially on the real lease in the same apartment).
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Jul 23, 2013 18:44
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ibntumart posted:It sounds like you're talking about severance pay, which is completely optional in the US and would have to be part of an employment contract. As for wages due for work actually performed, the employer can't just decide not to pay the last few days of actual work performed because the employee didn't give two full weeks' notice. Not severance pay; its generally accepted that if two weeks notice is given, then you won't be fired on the spot and not paid for the next two weeks. If the contract requires he provides two weeks notice, without a reciprocal obligation by the company, then the term isn't binding. If it was a salaried gig, or came with vacation time, the contract might say something different; then he could theoretically not work for the last two weeks, and still get paid... unless under the terms of the contract, he failed to give two weeks notice.
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Jul 23, 2013 19:44
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blarzgh posted:A will can direct any disposition of property at the time of your death. The thing is, that anyone who is entitled to take under probate can simply refuse to accept the property. At that point, it would be up to the executor of your estate to decide what to do with the property. I mentioned all this to my mom (I am not married and have no kids) and she mentioned going through a service like LegalZoom rather than a probate lawyer. Is LegalZoom even considered binding in a court?
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Jul 23, 2013 19:46
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Cowslips Warren posted:I mentioned all this to my mom (I am not married and have no kids) and she mentioned going through a service like LegalZoom rather than a probate lawyer. Is LegalZoom even considered binding in a court? As long as you make the necessary declarations under your state's law, you can write your own will on a coconut shell (or a tractor fender) if you wish. The advantage of going with a live lawyer rather than a site like LegalZoom is that the lawyer can give you more targeted advice. Also, if the lawyer screws up you can sue them for malpractice--not sure how LegalZoom handles that kind of thing.
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Jul 23, 2013 20:01
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spatula posted:So the girl that I was subleasing my apartment from for like a year and a half has suddenly ceased contact with me when it was time to pay back my $700 security deposit. We have everything in writing so I don't know what she's thinking, we've had a good relationship this whole time, and she's never been like this before so it kind of took a while before I started worrying. Ok so no one really responded to this yet but I just wanted to add that today I have emailed/called/texted/FB messaged her. I really think it might be time to take the next step of sending a scary sounding letter threatening legal action. How the heck do I do this?
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Jul 23, 2013 22:04
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spatula posted:Ok so no one really responded to this yet but I just wanted to add that today I have emailed/called/texted/FB messaged her. I really think it might be time to take the next step of sending a scary sounding letter threatening legal action. How the heck do I do this? Send angry hippo a pm. He'll tell you how to scare them straight.
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Jul 23, 2013 23:34
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Not sure how worried a person in CA is going to be over a 700 judgment from NY.
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Jul 23, 2013 23:41
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euphronius posted:Not sure how worried a person in CA is going to be over a 700 judgment from NY. Well obviously I don't know what I'm doing or should be doing, that's why I am asking this thread about it? Anyway someone actually texted me back from her number and apparently it's her dad's number now. I called, thinking that was just some bullshit, and some dude actually answered claiming to be her dad and he didn't seem to know about any of this stuff, so I filled him in a little... he told me that he would email her telling her to get in touch with me. So I guess that's uh, something. But then if I still don't hear from her I don't know what to do. Bother her dad? Contact a lawyer? Sorry, I'm dumb spatula fucked around with this message at 23:54 on Jul 23, 2013 |
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Jul 23, 2013 23:52
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