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Javid posted:Finding a new mechanic would be a vastly more efficient use of your time and money. Yup. If you had the skill, knowledge and documentation to prove they were negligent, you could fix the vehicle yourself. Just leave, don't go back, and remember this the next time someone mentions wanting to have their car looked at "somewhere".
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Aug 6, 2013 00:53
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Soylent Pudding posted:In general, if it went to collections then you probably received something called a "Fact Information Sheet" or something similarly named. This is what happens when someone already has a court judgment against you and is seeking to collect. That's a little hasty. "Went to collections" generally means a collections agency bought the debt. Scathach posted:I got a court summons from one this morning and I have twenty days to fill out the question form (I have no idea what that's about) and send it in... Now there's something to work with. A summons means no court judgment yet. Scathach posted:And it's $122 to even file the questionnaire paper. Now that is outright suspicious. Did it come with a civil complaint? Does the summons have a case number on it? If not, then it's likely some collections brat sending you a court form just to scare you. If it does have a number and a complaint then call the court and confirm that the case is actually filed. beejay posted:There's a specific thread about dealing with debt collection in BFC that might help you out. Seems to be pretty active. What he said, spend some time reading the posts. Pay attention to things like "statute of limitations." Learn about the creepy things collection agencies try.
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Aug 6, 2013 17:12
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I am volunteering to help raise awareness for the Extra Life charity benefiting CMN hospitals. We have a table at an upcoming convention in September, and we were thinking about having a game console and TV available to draw people at the con to our table. However, since we are officially affiliated with Extra Life, we need to make sure that what we are doing is strictly legal, regardless of the chances of a huge game studio actually coming down on us. I've searched online but it mostly seems to be people just taking guesses, "you should be fine, nobody is going to care" type of stuff, and not much real discussion of the actual legality of the situation. So if we set up a booth at a convention that people have to pay to get into, are we legally OK to have a video game console set up for passersby to fiddle around with for a few minutes? I've been to local game shops that have consoles set up for play but don't know if they're just assuming they won't get in trouble or what.
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Aug 6, 2013 18:04
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GOONS ARE MEAN
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The game shops have the demos set up for the purpose of selling the games, and may be using evalution copies (or hardware) for that purpose. They have explicit permission. The local arts studio five minutes from my office had an annual event, advertised in gaming fora, where people could pay for admission to play emulated arcade and console games for prizes and nobody (but the patrons) cared. In the most technical sense I suppose it could be argued that you're renting the games without authorization, or that you're performing the game content in exchange for consideration. In the real world it's highly unlikely anyone would want to call down the media shitstorm that would result from suing a charity for allowing its patrons to play Kirby at a convention. You aren't worth the trouble.
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Aug 6, 2013 18:51
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Hey so I live in Canada (Manitoba specifically ) In April I began looking for a house in September, in the city I was attending at school at. One of my 'friends' from back home said he had a place but I'd have to sublet it from April til September if I wanted to renew the lease with him and his roommaye. As I could live (pretty much) rent free at my parents place while working a higher paying summer job, I explained I was really looking for a place for September but would be willing to sublet to make sure we would reup the lease. I decided to bite the bullet and work a job in the city the house was located to have more freedom and not have to live at my parents house anymore. About two weeks after I move in a fourth roommate moves in, however the house only has three bedrooms and the landlord is only allowed to rent out three bedrooms. The room the 4th roommate is living in the basement in a little room with no escapable window so I believe it's a fire hazard. The landlord does not know about this fourth guy but rather my other two roommates moved him in and he just paid us in cash. At this point I asked my buddy from back home what the plan was with the lease. He told me that me him and our other legal roommate would sign the lease and the fourth guy would just continue to pay under the table. I was OK with this. About a month ago we received an email from the landlord asking about our intentions to renew the lease and my roommate emailed back saying we would . I asked our roommate what day we would sign the lease and he told me when he got back from a work trip. When he got back I asked again and he said "not to worry about it" A few days ago I recieved an email from the landlord asking about the damage deposit that I had paid and how a mutual friend would pay me. This mutual friend had lived in the house previously but had went on exchange. I asked my first roommate wtf was going on and he told me that because the mutual friend was on the old lease the landlord probably just assumed that that's who was reupping the lease. I talked to the landlord today and he explained that he thought the mutual friend was moving in. So I talked to the friend and he explained that he had already signed the lease, and he also explained that he and the other two roommates had always planned for him to move back in, since before they had even talked to me (though he thought that I was aware of this ) I want to be clear that I would have never agreed to sublet the property if I knew that I had no option to renew the lease, and this was made explicitly clear to my roommates when I moved in. They lied to me at least 5 times. I feel scammed and victimized. Do I have any legal options about getting my rent money back from my roommates? I feel like I was lied to about the terms of the contract and they did it to scam me so they could have cheaper rent. I'm now wishing I had went home in the summer as I feel I'd have a stronger case. Also, though this may sound petty is there any option about the about the undocumented roommate? I want these guys to have to pay as much as possible for as long as possible, so I would not be opposed to reporting it, I'm just not 100% that it's actually illegal. A Typical Goon fucked around with this message at 20:40 on Aug 6, 2013 |
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Aug 6, 2013 20:38
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What are you trying to recover here, the rent you paid for the place while you were living there?
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Aug 6, 2013 20:43
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FrozenVent posted:What are you trying to recover here, the rent you paid for the place while you were living there? The only reason I was living there and paying rent was because they assured me a long term agreement, while at the same time never planning on living up to their end of the agreement. Is making fraudulent claims to essentially trick someone into a 1600$ contract legal? Genuine question, I have no idea. I just want to know if I have options other than "Suck it up you got hosed Oh well"
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Aug 6, 2013 21:02
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I would be pretty surprised if you could get any money from this. I mean, you got what you paid for, right? You got a place to stay in exchange for money. Why should you get that money back? You already spent the time living there. I'm not sure you can sue somebody for lying to you about a lease you might be able to sign in the future. How would you even prove that? What damages were actually caused to you?
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Aug 6, 2013 21:10
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razz posted:I would be pretty surprised if you could get any money from this. I mean, you got what you paid for, right? You got a place to stay in exchange for money. Why should you get that money back? You already spent the time living there. Well I would have made more money while working at home while paying about 20% of the cost of rent over the same time. I figure I'm out about 1000-1500$ bucks cause of this BS.
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Aug 6, 2013 21:12
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Ontario is crazily tenant friendly so actually hearing from an Ontario lawyer or calling the housing tribunal might give you more info, but you're not really out anything here, even if it sucks. Edit: I have no idea why I read Manitoba as Ontario, so ignore me forever. EAT THE EGGS RICOLA fucked around with this message at 22:04 on Aug 6, 2013 |
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Aug 6, 2013 21:15
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A Typical Goon posted:Well I would have made more money while working at home while paying about 20% of the cost of rent over the same time. I figure I'm out about 1000-1500$ bucks cause of this BS. True but the law doesn't penalize people for changing there minds unless there a legally binding agreement in place. What would you tell the judge. The promised! He would of course tell th no take-backsies.
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Aug 6, 2013 21:47
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A mutual exchange of promises can be a contract. In this case you even have one party performing. If this is all in Canada I have no idea. But if those roomates are even worth suing, I would talk to a lawyer because I can at least imagineer up a claim out of those fact using US law. The bolded and underlined part is important. euphronius fucked around with this message at 21:58 on Aug 6, 2013 |
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Aug 6, 2013 21:56
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jassi007 posted:True but the law doesn't penalize people for changing there minds unless there a legally binding agreement in place. What would you tell the judge. The promised! He would of course tell th no take-backsies. They didn't change their minds, they were planning on screwing me over the whole time. They told me that I would be able to renew so I would cover the rent for the summer, while secretly planning on never letting me renew. They've been planning on moving in a different roommate since before I moved in.
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Aug 6, 2013 22:02
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What evidence do you have.
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Aug 6, 2013 22:04
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euphronius posted:What evidence do you have. I talked to the guy that is moving in and he confirmed it. He thought I had agreed to just sublet. I have no proof that my roommate lied to me, as he did it to my face (at least 5 times by my count )
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Aug 6, 2013 22:09
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Is there a writing regarding the sublease?
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Aug 6, 2013 23:40
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Only with the landlord. In it it states that the tenant will be offered an extension on the lease within three months of expiration. Our land lord emailed us on June 16th and I talked to my roommate about it and he said we would reup. He sent an email to the landlord saying this, with me, him and our second legal roommate cc'd. I asked him when we would sign the lease and he said after he got back from a 3 week trip. I suspect this is when they signed the lease. 1.5 months into my tenancy
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Aug 7, 2013 00:13
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The friend you sublet from can't offer you poo poo from the primary landlord and there's nothing he can do to tie the landlord to offer you any kind of lease. The legal situation is technically a bit deeper than that but there's some basic privity of contract stuff here that means you didn't ever have any (actionable) legitimate expectation of getting onto the main lease.
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Aug 7, 2013 01:04
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Alchenar posted:The friend you sublet from can't offer you poo poo from the primary landlord and there's nothing he can do to tie the landlord to offer you any kind of lease. This is the quote from the subletting form "Unless the tenancy has been terminated with accordance to the Act, the landlord will offer the tenant a renewal of this agreement within at least three months prior to the expiration of the agreement " it then goes on to say that if no response within two months this clause expires. However, as soon I got this email I talked to my roommate and he emailed back confirming we would be renewing the lease. After this I'm feeling more optimistic, even if I don't get my money back I don't see how the landlord can evict me after I got an offer from him to stay, and through my roommate accepted it. Just because my roommate told (lied to) the landlord later that I wasn't renewing should void this agreement correct? A Typical Goon fucked around with this message at 01:33 on Aug 7, 2013 |
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Aug 7, 2013 01:30
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You can't sublease directly from a landlord. Thats not a sublease. The terminology is getting mixed up somewhere.
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Aug 7, 2013 01:35
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euphronius posted:You can't sublease directly from a landlord. Thats not a sublease. The terminology is getting mixed up somewhere. Looking more closely, I have a "standard residential tenancy agreement " between me and the landlord. One that requires I be given the option to renew the lease 3 months before expiration . My roommates apparently took it upon themselves to tell the landlord I was moving out, while I told them directly that I planned to renew.
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Aug 7, 2013 01:41
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I don't know Canadian law but in the US I could see maybe some type of claim there. No harm talking to your friendly local lawyer if you want to press a claim.
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Aug 7, 2013 01:45
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I am going to be involved in a wrongful death suit here soon. An attorney I have spoken to said that because my mother left no will, I need to file at the probate court of South Carolina to be named _____. I forget the exact term, but it's something similar to executor of the estate and I need to be able to release her medical records. My question is - might any of you law goons know what that is, in particular? I know it's horribly vague but it's really all I've got at the moment.
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Aug 7, 2013 03:40
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Administrator
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Aug 7, 2013 03:42
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Just got out of small claims court as a plaintiff and I think it went well. As part of my claim I had to subpoena someone to come testify - we have a good customer/service provider relationship, but his company's stance is that they will testify only when subpoenaed. Regardless of how the ruling goes, what are the ethics of sending him a gift certificate or small gift to say "hey thanks for taking time out of your day since I forced you to, and for all the evidence you provided me for the suit"?
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Aug 7, 2013 16:35
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Bad idea. It might look as though you're rewarding them for testifying a certain way.
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Aug 7, 2013 17:05
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That's what I was thinking, but wanted a second opinion. Thanks!
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Aug 7, 2013 17:17
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At most you could make an offer to reimburse reasonable expenses incurred in coming to testify.
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Aug 7, 2013 17:24
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Bojanglesworth posted:Yeah, and I am OK with that. I have been paying things at least to the point where they aren't reported as being in collections, or fully paying them off. I just don't think its fair for me to be responsible for debt that we obtained together just because they came up out of the woodwork after our divorce was final. I am more concerned about the potential of recouping some of the money back that I have paid on these debts. I have put some thought into this and I have decided I will just pay everything and chalk it up to bad life decisions.
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Aug 7, 2013 20:00
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My mom has been kind of trying to convince me to take legal action against the dentist who removed my wisdom teeth in February, I'm not sure where I would even begin. I'll just go through what happened to give an idea. At the time, my fiance and I were living with my parents. The morning of the surgery he takes me to the office and comes in the room with me to get prepped. I ask the nurse if I'm being knocked out, she says it is going to be a conscious sedation. Immediately I begin to cry quietly as I am terrified of needles and am nervous about having all four wisdom teeth being taken out. None of the teeth were impacted or causing pain, one was partially erupted, but was just more of an inconvenience rather than being painful. SO, I'm crying, she tells my partner to leave, which he is hesitant to do but does. The laughing gas mask is on, and I'm beginning to drift off. The nurse goes to put my IV in and I ask if she can wait until the gas puts me out since I'm scared of needles and she says no curtly and sticks it in. Not a huge deal but whatever. Soon enough I'm out. Then, like straight out of a scene from the Saw franchise, I wake up after the first tooth was removed completely and totally aware of the pain. My head was foggy because of the IV and gas but I could hear my teeth being busted out of my head and can feel my nerves being pulled while another tooth was being extracted. Immediately I began frantically crying and freaking out because what the gently caress. One of the two nurses holds my hand, while the dentist begins to just work faster. Soon after he says "get her out of here!" and both nurses drag me to the recovery room as I'm bawling my eyes out (each had one of my arms over their shoulder). So I'm laying in the recovery room and eventually they let my fiance in where he sits with me while waiting for me to feel a bit better before we leave. While we're waiting, the surgeon as he's walking by pokes his head in the room and says "you go in crying, you're going to come out crying!" and leaves. The rest of the day was a nightmare. Eventually I calmed down and when my dad came home I tried to tell him what happened and had a bad anxiety attack and began to cry again. Later when my fiance got off work we were driving back to his parents and without warning I had another bad anxiety attack in the car. This was persistent for four days after the surgery, random anxiety attacks that would come out of nowhere. I would hear the sound of my teeth cracking, I would remember the feeling. Two weeks ago I was watching tv with a friend, one of the characters was getting dental work in the show and as soon as the sound of a drill started I began to sweat and had a near panic attack. I had sort of just assumed there was nothing I could do based on the papers I signed and filled out before the surgery, but I'm not sure how or if something like this is necessarily covered. It wasn't until after the surgery we had heard more horror stories about this particular oral surgeon. There are plenty of good reviews for him but we went to high school with a girl who had her wisdoms removed by him and he broke one of her ribs because he was using her as leverage when extracting a tooth, and another girl whose jaw was dislocated during extraction (though I remember reading something about this being a possibility). I've never been afraid of the dentist, I take very good care of my teeth but the thought of even scheduling a cleaning/check up now puts a knot in my stomach. Should I bother, or is this just a bad experience that is beyond my control? I just don't know if this is "a thing" I should be looking into more at all. e: I live in Canada 54 40 or fuck fucked around with this message at 04:29 on Aug 9, 2013 |
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Aug 9, 2013 03:23
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Talk to a medical malpractice plaintiff's attorney in your town. They'll often work on commission, or at the very least should offer a cheap/free consultation. Med mal law varies dramatically from state-to-state, so it's hard to give you any more guidance than that. To find an attorney, ask one that you already know and trust for a referral, or call the local bar's referral service (or other options - I think the OP has a list, and there are probably better ways too).
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Aug 9, 2013 04:26
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Ashcans posted: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. This was from several pages ago, but I got busy and just came back, and wanted to add to what someone else said. I can't speak for other states but in California if you are survived by your spouse and have a small probate estate you can do a special petition to distribute assets without going through probate. You can do this whether or not there is a will, so given your current circumstances (and assuming you have no former wives or children or any other potential complications) it's not critical that you run out and get one. Wills by themselves are not necessarily that expensive though. If you are starting to think about your future, you might want to check into how much local attorneys charge for a package with powers of attorney and a will. Powers of attorney for finance and health care make things so much easier for your spouse if something happens to you and you might as well toss a will on while you're at it. In my office we charged the same for powers of attorney with or without a will in a situation like yours because it was such a simple document, although others may vary depending on how they do things.
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Aug 9, 2013 08:03
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Toriori posted:wisdom teeth IANAL and this isn't even legal advice (not a doctor either!), but waking up during wisdom tooth extraction isn't uncommon at all. In fact "conscious sedation" means exactly what it sounds like – it's very likely you'll remain awake, hence the word "conscious" in its name. I don't know all the specifics of what went down with you of course, but it sounds like your orthodontist is just an rear end in a top hat and you have some issues with medical procedures. My sister had a very similar experience when she had her wisdom teeth out actually, but she had a very good orthodontist who told her beforehand, "You might wake up, if you do please try your best to remain calm so we can finish the procedure, it's harder to go back in a second time, if you have pain signal to us, etc etc." When she woke up she was expecting it and they did everything they could to make her more comfortable, though she still had some pain. I woke up when I was having mine out as well but couldn't feel anything so it was just weird more than anything. So look into a malpractice attorney if you like, but the waking up part (at least) is not out of the ordinary. You may just want to find a new orthodontist, because that one sounds like a dick. Sorry you had such a bad experience.  e: And if the anxiety continues, you might want to talk to someone about it. That's a problem you shouldn't ignore. kedo fucked around with this message at 14:40 on Aug 9, 2013 |
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Aug 9, 2013 14:36
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You can talk to a malpractice attorney - and I encourage you to do so! - but I am not seeing any damages here other than nebulous and minor pain and suffering (which may be unrecoverable if there are no other damages - depends on your state's law). Plus depending on your state and the location of the doctor you probably don't have enough to show he even breached any duty of care. But I am not your lawyer and am just making dumb internet remarks. Don't rely on me. It might be worth a suit (think like $2,000 or more in costs you will most likely have to pay) or not depending on a lot of factors I don't know about. ----- Re wills: If you are married and everything in is joint ownership with your spouse, it is not really necessary outside of the scenario when you both die at the same time (within 30 days of each other) or unless you have a lot of assets, a sole proprietorship or small business, or you have explicit details re your funeral and burial, or there is significant non-marital property, which in CA, there may be since their marital property laws are wacky. Dying at the same time is realistic enough that it is usually a good idea especially if you have kids. And I mean go to a lawyer and get a will, not Legal Zoom or whatever other bullshit DIY crap is out there. euphronius fucked around with this message at 14:54 on Aug 9, 2013 |
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Aug 9, 2013 14:44
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euphronius posted:You can talk to a malpractice attorney - and I encourage you to do so! - but I am not seeing any damages here other than nebulous and minor pain and suffering (which may be unrecoverable if there are no other damages - depends on your state's law). Plus depending on your state and the location of the doctor you probably don't have enough to show he even breached any duty of care. But I am not your lawyer and am just making dumb internet remarks. Don't rely on me. It might be worth a suit (think like $2,000 or more in costs you will most likely have to pay) or not depending on a lot of factors I don't know about. IANAL, like at all, but like kedo said, "conscious sedation" is CONSCIOUS sedation. It's very common and pretty much expected for patients to be awake enough to respond to simple questions ("Does that hurt?" "Do you feel any pressure?") during procedures like that. Unfortunately broken bones (although not necessarily ribs) and dislocated jaws are somewhat common, too. Wisdom teeth are usually stuck in there hardcore. You pointed out only one tooth had erupted - I can virtually guarantee that was the easiest for him to get out and the rest were trouble. Talk to a malpractice attorney (unfortunately they'll probably tell you there's nothing to be done), find a new orthodontist/oral surgeon (that one is a dick), and talk to someone about your anxiety, for real.
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Aug 9, 2013 19:18
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Tourette Meltdown posted:... This, especially. Toriori, the level of anxiety and panic you are experiencing is not normal. I say this not to make fun of or demean you, but to point out that this isn't something you should be expected to just suck up and deal with the rest of your life. There are people who can help with this specific kind of thing. It'll make your life easier. Sort of a sidenote: my father used to be afraid of the dentist. Like, white-knuckled grip on the chair, refuse to go until absolutely necessary afraid. He's also a former army ranger, so suffice it to say he's a pretty tough dude, and the sort of personality disinclined to alert others to "weakness." Well, it turns out some people's nerves are wired up differently from others. His are routed differently enough that local anesthetic injected into the normal spot doesn't actually do jack poo poo for the pain of, say, a root canal. He'd been dealing with basically medieval dentistry his whole life and never said a goddamn word because he thought it was normal. Once he mentioned "oh hay that root canal you're digging kind of hurts" the guy instantly figured out what was up, injected in some other location, and all the pain was gone. What I'm getting at is that if/when you next go to a dentist, orthodontist, or other mouth person, mention this experience. You might have retarded nerves too.
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Aug 10, 2013 02:47
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Blue Footed Booby posted:This, especially. This was my problem as well. I had to get some cavities filled and my heart rate was up and I was clearly nervous. Had a new dentist so he asked me what was up. "pain? There shouldn't be any pain. I'll just keep shooting you up until you're numb." Turns out I needed like 3 times the amount of novocaine. He also put the shot in some new places that effectively block out the entire nerve on that side of your face. Now going to the dentist isn't that big a deal. I just make sure to always remind them I need a shitload of novocaine.
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Aug 10, 2013 11:51
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Lowness 72 posted:This was my problem as well. I had to get some cavities filled and my heart rate was up and I was clearly nervous. Had a new dentist so he asked me what was up. Yeah, my dentist has been doing the same for me since I was a kid, I need about four-five times the normal amount, and end up with a paralyzed face for a few hours afterwards as well.
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Aug 10, 2013 17:19
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I'm the same way and I have no fear of the dentist. It's just how it is. I need at least 2-3 shots of novacaine every time.
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Aug 10, 2013 17:25
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Based on an extremely scientific study (read: the last four posts) I have determined dentists are chronically under-administering novacaine. Please tell me there is some legal loophole so that I may sue all dentists at once.
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Aug 10, 2013 17:35
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