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Unfortunately you asked too specific a question so I can't tell you what I really think. As I've said before hypotheticals are good in this thread, people, not bad!
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Jul 23, 2013 23:54
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...what? Sorry, I really don't understand. EDIT: I just want to know what I need to do to escalate this situation into some kind of legal thing. Like what are my next steps, specifically? I don't know ANYTHING. If it's "contact a lawyer", what type of lawyer, and how do I find one? spatula fucked around with this message at 00:10 on Jul 24, 2013 |
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Jul 24, 2013 00:02
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Lawyers can't tell you specific steps because that's legal advice. I haven't looked at it in awhile, but I think the OP explains that. However, if the girl is in CA and you're in NY, actual legal action won't be worth your time and money over only $700--that is, suing and collecting would cost way more than 700. A threatening letter from a lawyer might help, depending on the recipient, but carries basically no legal effect. Hiring a lawyer will also cost you more than $700.
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Jul 24, 2013 00:17
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Well, a threatening lawyer letter sounds cool, even if it doesn't actually mean anything legally - how would I go about doing that? I definitely understand that it is not worth my time/money to actually sue someone for $700. I have a lot of free time right now, and will continue to try and contact her - is there a limit to what I can do? Even if my contact is friendly and non-threatening, is there a point where it becomes harassment and I could get in trouble? Also, I am living in an apartment that is still full of her poo poo from the time I was subleasing from her (my name is on the lease now). Does she have any claim to this stuff anymore? Can I just start selling or throwing away her stuff?
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Jul 24, 2013 00:25
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You get lawyer letters from lawyers. I would guess if you went out of manhattan you could get one for less than 200 an hour. Just google lawyer+your neighborhood. There should be a bunch. euphronius fucked around with this message at 00:29 on Jul 24, 2013 |
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Jul 24, 2013 00:27
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You'd have to pay a lawyer to write you a letter, or ask a friend/family member if you know any lawyers. You can contact her all you want; I don't know CA or NY harassment laws, but generally if you have to ask if you're being harassing, you might be.
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Jul 24, 2013 00:27
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spatula posted:Well, a threatening lawyer letter sounds cool, even if it doesn't actually mean anything legally - how would I go about doing that? It sounds like the man is hell bent on pushing a $700 claim... If someone who is not family/close friend/current client asked me to write such a letter I'd quote $1000 for a letter of no more than 2 pages. This is not worth the hassle of having an attorney-client relationship. Maybe he should try small claims court. She either shows up or gets a default. It might seem unfair, but she did skip town with the cash. This assumes that the normal rules for service and default apply in small claims. It's not exactly my area.
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Jul 24, 2013 00:58
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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? Technically, you don't need to go through anyone at all. You can just handwrite your will and sign it, and it will hold up in court as a holographic will, or type it out, sign it and have it witnessed by two people in front of a notary if possible. The problem with doing your own will or going through a service like LegalZoom when you have any special goals you want to accomplish, only a lawyer is going to be able to make sure those special provisions are written up correctly. LegalZoom document preparation is very much a "check the box" kind of thing and if you have anything off the beaten path, I think it's better to consult with a lawyer. That said, if you are short on money and have a small estate, then preparing a will through LegalZoom is better than not preparing one at all unless your mom wants to inherit a bunch of fish if you keel over. Under intestate succession laws, if you are not married and have no kids, everything would go to her.
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Jul 24, 2013 01:45
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Lowly posted:Technically, you don't need to go through anyone at all. You can just handwrite your will and sign it, and it will hold up in court as a holographic will, or type it out, sign it and have it witnessed by two people in front of a notary if possible. Be aware that this varies by jurisdiction and is not true in every state.
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Jul 24, 2013 02:17
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the milk machine posted:Be aware that this varies by jurisdiction and is not true in every state. The other booby trap (in my jurisdiction, at least) is that someone who inherits in your will cannot be a witness when you sign the will, or it voids the gift. If I had a dollar for every time I saw a will leaving everything to the spouse, and witnessed by the spouse... Another issue here in Alberta is that when you die, the application for probate requires an affidavit by one of the two witnesses. If you know that, you can have the witness do the affidavit at the time of signing. If you didn't know that, and die twenty years later after losing touch with your witnesses, it's a headache. Schitzo fucked around with this message at 02:51 on Jul 24, 2013 |
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Jul 24, 2013 02:48
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IANAL, and IANA accountant, but is there really something that makes you think your mom would be like "gently caress you, deceased son, I'm not giving your fish to someone who knows how to take care of them!?" I mean, the federal gift tax exemption is $14,000; how many of these fish do you have? Is there any reason you can't just tell your mom and your bro who takes care of/gets the fish if something happens to you?
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Jul 24, 2013 02:54
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Lowly posted:sign it and have it witnessed by two people in front of a notary if possible. Isn't a notary good enough? I was under the impression that if you had a notary, then you don't need other witnesses.
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Jul 24, 2013 04:14
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Here's a question. I live in MS, USA. I moved out of my old place last December after being delinquent on rent. When I moved out, landlord said there would be no problem with the inspection. I ran into some trouble and had problems paying my back rent but I'm working out a plan with them this week. I moved across the state, wife lost her job, and some other troubles. I finally answered one of my landlord's increasingly angry letters today to get things sorted out. They informed me today when I was working out payments that I have no security deposit -- because they kept it all for repairs. This is the first I'm hearing of this since I left. Since I moved out there was no mention of damage to the house and no invoices or anything from the landlord saying they were keeping my deposit. Of course when I mentioned that, they brought up all the extra fees that they weren't charging. So I think even if I am right, they're going to gently caress me that way anyway, by charging a shitload of fees to make up the difference from the security deposit. From my understanding they had to do this within 45 days of me moving out. I have no problems with them keeping the security deposit, I had assumed they would do that and put it towards the back rent. Are they allowed to say I have no security deposit seven months later? I think I'm going to have to go to court to even get this settled, I don't know if it's worth fighting to get my security deposit credited to my back rent or not. If I make payments on part of the rent, does that mean I can't fight the deposit thing in court? I am a poor and know I have to talk to a lawyer, just wanting advice. Verdugo fucked around with this message at 04:23 on Jul 24, 2013 |
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Jul 24, 2013 04:20
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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? Legal zoom is binding, but as the poster said, if it's worth the extra $400 over what legal zoom charges to make sure it's done right,then you should pay a lawyer.
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Jul 24, 2013 04:26
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Thanatosian posted:IANAL, and IANA accountant, but is there really something that makes you think your mom would be like "gently caress you, deceased son, I'm not giving your fish to someone who knows how to take care of them!?" I have 9 total right now. My thing is more that if I died, say tomorrow, my mom would have no idea who all my tanks and various fish would need to go to in order to survive. She loves animals but has no idea how to care for fish, and since some of the ones I have are extinct in the wild, I don't want them to just die. Most of the fish and equipment I would want to go to the local fish club, some to a few personal friends. I live in AZ, if that helps. Hah, you know how Google sends you ads based on searches? Now I'm getting totallegal.com ads. I swear it sounds like a porn site. edit: I feel like I'm searching WebMD to find out why I'm having a rash. Searching for basic will information leads to a thousand loving sites like Legalzoom, totallegal, rocketlawyer, and then hundreds more from lawyers direct. Technically outside the fish, I don't have anything of value. I'm not married, have no kids, no extended family. Can I just use something like legalzoom or totallegal, notarize it, and keep it in my lockbox? One thing I have noticed, is it normal/common for there to be no contact info for the people I list as recipients? How would anyone get a hold of them to say hey, you have some new fish coming? Cowslips Warren fucked around with this message at 11:31 on Jul 24, 2013 |
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Jul 24, 2013 10:53
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As I believe someone else already pointed out, your fish will be dead by the time someone starts the process of administering a will. Just make alternate arrangements and tell your family/friends.
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Jul 24, 2013 12:31
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the milk machine posted:As I believe someone else already pointed out, your fish will be dead by the time someone starts the process of administering a will. Just make alternate arrangements and tell your family/friends. This. The solution to your problem is not a will. The solution to your problem is to talk to the people involved and make sure everyone knows what you want to happen. The problem isn't even you dying. It's you getting into a car crash and being stuck in hospital for a few weeks. Or whatever. So what you need to do is say "Hey mum, it's occurred to me that if anything happened that kept me in hospital or anything then there wouldn't be anyone to look after my fish. Here's what you need to know".
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Jul 24, 2013 12:37
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Verdugo posted:Here's a question. I live in MS, USA. I moved out of my old place last December after being delinquent on rent. When I moved out, landlord said there would be no problem with the inspection. I ran into some trouble and had problems paying my back rent but I'm working out a plan with them this week. I moved across the state, wife lost her job, and some other troubles. I finally answered one of my landlord's increasingly angry letters today to get things sorted out. IANAL but you pretty much figured it out. They probably can't, but if you want to go legal eagle on them, they've already told you they'll hit you with all sorts of other poo poo because you owe them money. Would you rather loose your deposit or get charged a bunch of fees/have your credit messed up/have a default judgement against you in small claims court? This is a case where right and wrong aren't the answer, do what is best for you is the answer.
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Jul 24, 2013 13:16
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Lowly posted:Technically, you don't need to go through anyone at all. You can just handwrite your will and sign it, and it will hold up in court as a holographic will, or type it out, sign it and have it witnessed by two people in front of a notary if possible. Ok, so I have been thinking about a will but not very seriously, and now I am not sure if I need to be more deliberate about it. I am married, and if I was to die I would just want everything to go to my wife. Most of our actual assets are already in both our names, and the few that aren't (retirement accounts) already have her named as the beneficiary on my death. Should I just write this down and hang it on the fridge? It seemed to work for that fender guy. Or is it worthwhile to consult a lawyer even in a straight-forward situation without any special instructions?
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Jul 24, 2013 14:59
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When applying for a trademark how should I classify a news / entertainment website (similar to something awful) that plans to sell advertising space and maybe subscriptions somewhere to the future?
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Jul 24, 2013 15:46
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Jet Ready Go posted:When applying for a trademark how should I classify a news / entertainment website (similar to something awful) that plans to sell advertising space and maybe subscriptions somewhere to the future? That's probably a more specific question than a lawyer/trade-mark agent you haven't retained is going to be able to help you with.
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Jul 24, 2013 15:48
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Ashcans posted:Should I just write this down and hang it on the fridge? It seemed to work for that fender guy. Or is it worthwhile to consult a lawyer even in a straight-forward situation without any special instructions? If you really have no special circumstances (wackadoo divisions, Cousin Joe only takes his bequest if he's clean by 2014, secret children, etc.) then you should be OK using some form will from LegalZoom or similar. You can always go back and revise your will if your needs change.
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Jul 24, 2013 17:45
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Jet Ready Go posted:When applying for a trademark how should I classify a news / entertainment website (similar to something awful) that plans to sell advertising space and maybe subscriptions somewhere to the future? EAT THE EGGS RICOLA posted:That's probably a more specific question than a lawyer/trade-mark agent you haven't retained is going to be able to help you with. True dat. Check here: http://www.uspto.gov/trademarks/notices/international.jsp here: http://tess2.uspto.gov/netahtml/tidm.html and here: http://tess2.uspto.gov/netahtml/manual.html I don't know how many times I've done keyword searches in that manual (the third link). Another thing to try is searching the trademark database to see how others have registered similar goods or services.
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Jul 24, 2013 18:33
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Does anyone know how enforceable restrictive covenants in employment contracts are in the UK? For example if there was a clause that said that for 6 months after leaving a company, the ex-employee must not work for any competitor.
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Jul 25, 2013 21:08
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Anjow posted:Does anyone know how enforceable restrictive covenants in employment contracts are in the UK? For example if there was a clause that said that for 6 months after leaving a company, the ex-employee must not work for any competitor. There's a pretty strong reasonableness burden on the employer. Why 6 months? Any competitor anywhere? At a minimum there should be some compensation for you for the covenant or it probably won't stick. A starting point is 'are you going to continue paying me my salary not to work for someone else?' If not, it'll have trouble sticking.
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Jul 25, 2013 21:12
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I was a victim of strong arm robbery, I have to go to court Monday and I guess appear or something. Basically 4 guys robbed me but didn't threaten to be me up just surrounded me and forced me to give them my stuff. The cops caught them like literally 4 minutes later afterwards and I got all my stuff back. They were charged with STrong Arm robbery. Also, I am disabled so apparently that may carry a heavier sentence. I live in Illinois and am just wondering about the process, will I have to reidentify all of them, will they serve jail time? What can I expect when I go to court.
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Jul 25, 2013 21:39
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I was fired from my job before my current one, for a reason that kind of makes me un-hireable. I currently work in my family's business, but business is extremely bad and I think in about 4-8 weeks we will go under. I know of a position possibly fixing to open up at a restaurant through a friend of mine. I would like to apply for this position and not have the GM just throw away my application. What can I do? I need some help.
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Jul 25, 2013 22:15
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SlayVus posted:I was fired from my job before my current one, for a reason that kind of makes me un-hireable. I currently work in my family's business, but business is extremely bad and I think in about 4-8 weeks we will go under. Doesn't really sound like a legal question...? That is unless you want to sue your former employer for wrongful termination or something. Depending on why exactly you were fired you could potentially address the issue with the GM and find a way to explain it that doesn't make you look terrible. Or just don't include that job on your resume. \/ \/ You are so right. So what happened with these security cameras, SlayVus? 
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Jul 25, 2013 22:22
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kedo posted:Doesn't really sound like a legal question...? That is unless you want to sue your former employer for wrongful termination or something. When someone makes an incredibly cagey post like that always check their history in this thread first. It doesn't quite give you the story, but it lets you know how worth it will be to tease it all out 
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Jul 25, 2013 22:26
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Hollis posted:I was a victim of strong arm robbery, I have to go to court Monday and I guess appear or something. Basically 4 guys robbed me but didn't threaten to be me up just surrounded me and forced me to give them my stuff. The cops caught them like literally 4 minutes later afterwards and I got all my stuff back. You probably got a mailed subpoena. It probably has a phone number for the prosecutor's office. Call it and ask questions. Monday is probably the preliminary hearing, where the prosecution has to show that there is some evidence to believe a crime was committed and some evidence to believe that [those 4 guys] committed the crime. The prosecutor doesn't have to prove this beyond a reasonable doubt, just that there is some evidence to support the charge. The best way for the prosecution to do this is to have you testify that yes, property was taken from your person or presence; yes, the taking was accomplished by the use of force or by threatening the imminent use of force; and yes, it was those guys - the only 4 guys over there that don't look like lawyers. If the prosecutor is not able to produce sufficient evidence to show those things, the case gets dismissed, or goes forward as a lesser offense (in my jurisdiction, perhaps 'larceny from a person') If sufficient evidence is presented, the case goes forward to trial. This will be months down the road. If the case does go to trial, you will have to testify again. It is possible the prosecution and the defense will have a plea bargain worked out; then you won't have to testify. It is possible the case will get passed/continued, in which case you'll have to come back at some later date. Prison time is a possibility. The internet says the base ranges for strongarm robbery are 3-7 years for non-handicapped, 4-15 with the handicapped aggravation. Probation is a possibility. Here's the statute they're probably charged under: 720 ILCS 5, Section 18-1 posted:Sec. 18-1. Robbery. (not an IL lawyer) e: IL's criminal justice system primer joat mon fucked around with this message at 22:39 on Jul 25, 2013 |
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Jul 25, 2013 22:33
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Oh okay, I thought I'd be testifying or something. Yeah, it was pretty easy I mean I identified them and they had you know all my poo poo on me. Unless they claim that I didn't catch them but considering I watched them literally walk down the street and be arrested I don't see how they can argue that they "found" it.
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Jul 25, 2013 23:04
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edit: after reflection this was not the best avenue for this situation. I get in a bit of a rage when people I love are hurting and got a bit hastey. Thanks for the input!
Jaypeeh fucked around with this message at 05:43 on Jul 26, 2013 |
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Jul 26, 2013 04:03
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Alchenar posted:When someone makes an incredibly cagey post like that always check their history in this thread first. ahahahaha thanks for pointing that out.
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Jul 26, 2013 04:16
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Jaypeeh I really don't think you read the op. Regardless the damages seem minimal and her best bet would be to speak to an employment lawyer.
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Jul 26, 2013 05:23
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Yeah, I mean, absolute best case you get what, two shifts worth of wages and attorneys' fees? So you go through months of misery and hell for 8 hours times $7.50 or whatever = $60-ish? Even if there's some sort of lost raise in there I'd be astonished if it's more than a thousand over the whole year. While that sounds like a lot to you right now, in the context of a full discrimination suit that's peanuts. You'll pay more than that in filing fees over time just on a coin flip of a suit. And your facts sound like there's little chance of success on the merits. So you're pissing the money down a drain.
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Jul 26, 2013 05:36
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Although I'm going to pursue advice in a more appropriate place, for some nonrational reason I wanted to clarify that although we work in a retail environment, our wage is more like $21/hour each, give or take, and our raises + bonuses are significant. This will have a significant impact. I'm the kind of butthole that will suffer just to feel like justice has been done and assholes have egg on their face. However, I'll find more reasonable ways to inflict my revenge like farting in their coffee cups. Thanks again for your time, regardless!
Jaypeeh fucked around with this message at 05:55 on Jul 26, 2013 |
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Jul 26, 2013 05:50
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Hollis posted:Oh okay, I thought I'd be testifying or something. Yeah, it was pretty easy I mean I identified them and they had you know all my poo poo on me. Unless they claim that I didn't catch them but considering I watched them literally walk down the street and be arrested I don't see how they can argue that they "found" it. You probably will be testifying, but at the preliminary hearing, not the trial. (yet) At a preliminary hearing, there's no jury, just the judge (and the prosecutor and the defendants and their attorneys and the bailiff and the court reporter and the victims, defendants, and friends and family for all the other people waiting for their prelims in that courtroom) Call the number on the notice you got. Jaypeeh posted:Although I'm going to pursue advice in a more appropriate place, for some nonrational reason I wanted to clarify that although we work in a retail environment, our wage is more like $21/hour each, give or take, and our raises + bonuses are significant. This will have a significant impact. I'm the kind of butthole that will suffer just to feel like justice has been done and assholes have egg on their face. However, I'll find more reasonable ways to inflict my revenge like farting in their coffee cups. Thanks again for your time, regardless!
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Jul 26, 2013 07:51
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Jaypeeh, from the wages and and procedures you've mentioned, it sounds like you're union. Go to the union, that's what you pay them for.
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Jul 26, 2013 12:36
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Hollis posted:Oh okay, I thought I'd be testifying or something. Yeah, it was pretty easy I mean I identified them and they had you know all my poo poo on me. Unless they claim that I didn't catch them but considering I watched them literally walk down the street and be arrested I don't see how they can argue that they "found" it. Don't be surprised if you leave this situation feeling used - a lot of victims and witnesses say things like that after it's over. It's possible the prosecutors may be so busy that it seems like all they want is for you to get in, say what you saw and get out of their way, and the man at the top cares a lot more about the next election than about what happened to you - but you are important to the system, it can't work without you, and your contribution really is appreciated. Especially by the victim whose matter has to be heard right after yours.
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Jul 26, 2013 14:16
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Greetings goons, I would like advice on a matter concerning possible business law. My company did work for a architect who was moving himself and his business into the area. He was constructing what would be a "model" home for his architect idea but he was also planning on living in it for a while or something. The guy also owns a few what I would consider mansions in Colorado; I was told one was like 1.5 million. We drove to this job site which was almost halfway across Colorado and stayed in a hotel for a few days while we completed the work for him. In all we spent about 20 thousand dollars in just material costs alone to spray polyureas around his house like a moat and also spray foam insulation then cover it with elastomeric coatings on three small roofs of his house. The day we finished the job he was talking about going through a divorce and his wife not allowing him to pay any more money into the house project. Well he refuses to pay us and keeps telling us to "give him time with his divorce" but it has been about a month and a half and we are just a small business who cant suffer this kind of loss easily. Any advice is greatly appreciated, thank you for your time.
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Jul 27, 2013 13:56
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