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New Leaf
Jul 24, 2013

Dragon Balls? Are they tasty?

jassi007 posted:

The problem with the law, is you often have to go to court or at least retain a lawyer and start the process of fighting legally to make your point. Just because they aren't legally allowed to collect doesn't mean they won't bill you, sell it to a collection agency, trash your credit, and make you pay a lawyer, do the work to get it removed, and fight them tooth and nail. Its retarded right? But hey, if you did in fact go to the doctor and did incur a bill and didn't pay it, they have little to lose and something to gain by going for it. If you can't reason it out with them why you aren't going to pay the bill and they agree, prepare for consequences.

I feel like I DID pay it. I at least paid my co-pay at the time of the visit, she confirmed that. From what she said, this was some sort of insurance claim but she wouldn't elaborate, but the bill is coming from the doctor's office- not the insurance company. I'm not even with the same insurance company anymore- haven't been for over two years. I never saw this charge before today, and frankly I'm not convinced it existed before they spat out this piece of paper. Why wouldn't this have come up for three and a half goddamn years? I know insurance moves at a snail's pace, but they work faster than this!

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kedo
Nov 27, 2007

New Leaf posted:

I feel like I DID pay it. I at least paid my co-pay at the time of the visit, she confirmed that. From what she said, this was some sort of insurance claim but she wouldn't elaborate, but the bill is coming from the doctor's office- not the insurance company. I'm not even with the same insurance company anymore- haven't been for over two years. I never saw this charge before today, and frankly I'm not convinced it existed before they spat out this piece of paper. Why wouldn't this have come up for three and a half goddamn years? I know insurance moves at a snail's pace, but they work faster than this!

Judging by the way you're describing it, this sort of bill is pretty common. I don't know all the technical jargon for this crap, but basically after your visit the doctor's office bills the insurance company who says, "Okay we'll pay for X" and then you're responsible for whatever's left over. You should have received a statement of benefits from your insurance company when they paid X as well... if you keep records you might be able to find it somewhere to see if the numbers match up.

Even if you aren't with the same insurance company, you should still be able to give them a call to figure out if the bill is legitimate or not. That is a pretty long time to not receive a bill, but if you went to this doctor it's likely it's real.

New Leaf
Jul 24, 2013

Dragon Balls? Are they tasty?

kedo posted:

Judging by the way you're describing it, this sort of bill is pretty common. I don't know all the technical jargon for this crap, but basically after your visit the doctor's office bills the insurance company who says, "Okay we'll pay for X" and then you're responsible for whatever's left over. You should have received a statement of benefits from your insurance company when they paid X as well... if you keep records you might be able to find it somewhere to see if the numbers match up.

Even if you aren't with the same insurance company, you should still be able to give them a call to figure out if the bill is legitimate or not. That is a pretty long time to not receive a bill, but if you went to this doctor it's likely it's real.

Ugh, guess my hands are tied. Thanks for the input, folks. :smith:

newts
Oct 10, 2012
Not a lawyer, but this happened to me, pretty much exactly except the bill did go to collections. I contacted my insurance company at the time, and they were able to sort it out. Turned out to be a stupid insurance mistake - one number wrong on my ID number I believe.

Arcturas
Mar 30, 2011

Also, if the statute of limitations has run (remember, every time you pay them, or acknowledge you owe them, the 3 year timer starts running again), they can't enforce the judgment in court. That means they can't make you pay. But, as other posters have said, they can sell it off to slimy debt collectors who will be super obnoxious, or add it to the credit report (it's not clear that a single debt "ruins" your credit, but the collectors will make it sound like it does), and generally be a pain about it. So you'll want to compare how much they're asking for against how much you want to fight this.

And, frankly, in the grand scheme of things three years isn't that long. It feels like a long time to you, especially for a single bill, but in terms of legal fights and contracts and statutes of limitations, a three year SoL is really quick. In my state the default SoL is four years, and the SoL for anything in writing is six years.

Arcturas fucked around with this message at 16:56 on Nov 27, 2013

BonerGhost
Mar 9, 2007

kedo posted:

Judging by the way you're describing it, this sort of bill is pretty common. I don't know all the technical jargon for this crap, but basically after your visit the doctor's office bills the insurance company who says, "Okay we'll pay for X" and then you're responsible for whatever's left over. You should have received a statement of benefits from your insurance company when they paid X as well... if you keep records you might be able to find it somewhere to see if the numbers match up.

Even if you aren't with the same insurance company, you should still be able to give them a call to figure out if the bill is legitimate or not. That is a pretty long time to not receive a bill, but if you went to this doctor it's likely it's real.

What you're referring to is called “balance billing" and in some cases, depending on the state, the insurance plan, etc, this is actually contractually not allowed by the agreement between the provider and the insurance carrier/plan. What the contracts allow for in many cases is for the insurance to authorize a payment of “usual and customary charges", and that's it, the provider has agreed that in exchange for billing that plan, they will accept the UC and not chase down the additional except for usual copay and coinsurance. If your anesthesiologist bills for $2,000 and the insurance says UC is $250, the patient pays their portion and the insurance pays theirs and the total will not exceed $250. That is a typical scenario with plans that use networked providers.

Now, where the patient responsibility falls in case of dispute is a legal question I can't answer. Say your insurance doesn't allow balance billing and the provider does it anyway, I know you report them to your plan but as far as those charges, I have no idea. In that position, I would call the plan and ask how they generally handle something like that. UC isn't fair to providers but balance billing is not fair to patients.

I personally had a problem when my doctor moved locations and their records were terrible. They took over six months to bill a couple of my visits to my insurance, and then of course my insurance denied coverage because the claims were outside their billing window (some plans use a 90 day window but many use 6 months or a year), so the office sent me bills for the portion not covered by insurance (all of it). I confirmed with my plan the reason for nonpayment and called the office back. They ended up eating those charges because part of their agreement with the plan is to bill insurance in a timely manner.

I do a bit of insurance billing in my job and sometimes we eat charges for the very same reason.

E: New Leaf, are the current charges the ones after insurance pays their portion or is the office trying to get you to pay the whole thing? You can contact the insurance plan you had at the time and ask for an EOB that will explain the breakdown of charges. They'll mail you one.

BonerGhost fucked around with this message at 22:34 on Nov 27, 2013

user on probation
Nov 1, 2012

removed

jassi007 posted:

That sounds like a company that encourages people to go on "vacation" and then not come back because they surprise found a new job!

Where I work there's a similar policy about not paying out unused vacation (it actually disappears every year if unused), coupled with the tendency not to approve any vacations longer than a day or two because of Busy Culture. So yeah, if somebody tried to do that here they wouldn't have much luck at all. It's still a pretty good idea.

tangy yet delightful
Sep 13, 2005



joat mon posted:

hosed, unless the company wants to pay the someone in question.
See: http://www.tn.gov/attorneygeneral/op/2006/op/op169.pdf
If the older policy was after 2000 but before 2006 and the employee was hired under that policy, maybe, but probably only for leave accrued during that period. (From 2000 to 2006 TN interpreted the law to require payment of PTO on discharge/resignation)

and the rest of ya,

Thanks for the confirmation.

jassi007
Aug 9, 2006

mmmmm.. burger...

tehloki posted:

Where I work there's a similar policy about not paying out unused vacation (it actually disappears every year if unused), coupled with the tendency not to approve any vacations longer than a day or two because of Busy Culture. So yeah, if somebody tried to do that here they wouldn't have much luck at all. It's still a pretty good idea.

Companies that won't give people 1 or 2 weeks off are gross. People need time to relax and recharge unless your some sweatshop.

Darude - Adam Sandstorm
Aug 16, 2012

tehloki posted:

Where I work there's a similar policy about not paying out unused vacation (it actually disappears every year if unused), coupled with the tendency not to approve any vacations longer than a day or two because of Busy Culture. So yeah, if somebody tried to do that here they wouldn't have much luck at all. It's still a pretty good idea.

Since you live in Ontario, this is either illegal, or you are wrong.

see:


quote:

When employment ends (for example, when an employee quits or is terminated), an employee is entitled to be paid the vacation pay that she has earned and that has not yet been paid out. In some cases this would include vacation pay earned during a previous vacation entitlement year or stub period as well as the vacation pay earned during the current vacation entitlement year or stub period. Vacation pay is also payable on termination pay but not on severance pay.

The unpaid vacation pay must be paid either within seven days of the employment ending or on what would have been the employee's next pay day, whichever is later.

Its the same thing when the year changes, its either paid out or carried forward. Vacation pay in Ontario never just disappears.

user on probation
Nov 1, 2012

removed

MassaShowtime posted:

Since you live in Ontario, this is either illegal, or you are wrong.

see:


Its the same thing when the year changes, its either paid out or carried forward. Vacation pay in Ontario never just disappears.

Unpaid internships of the type we have are also illegal but it's like 20% of our workforce. Every business I've worked for does tons of illegal things. It's not like anybody has the time/money/will to actually bring anything to court.

Darude - Adam Sandstorm
Aug 16, 2012

tehloki posted:

Unpaid internships of the type we have are also illegal but it's like 20% of our workforce. Every business I've worked for does tons of illegal things. It's not like anybody has the time/money/will to actually bring anything to court.

You don't have to go to court, you file a form with employment standards.

Sir John Falstaff
Apr 13, 2010

MassaShowtime posted:

You don't have to go to court, you file a form with employment standards.

True, but most people take internships to get experiences and references, not to make money. An employer you've filed a complaint against is unlikely to give you a good reference or otherwise open doors for you in the future.

Darude - Adam Sandstorm
Aug 16, 2012

Sir John Falstaff posted:

True, but most people take internships to get experiences and references, not to make money. An employer you've filed a complaint against is unlikely to give you a good reference or otherwise open doors for you in the future.

I'm not sure what that has to do with vacation pay!

Sir John Falstaff
Apr 13, 2010

MassaShowtime posted:

I'm not sure what that has to do with vacation pay!

Not much, but it has a lot to do with internships, which is what I thought you were referring to with your post.

algebra testes
Mar 5, 2011


Lipstick Apathy
If you get screwed, as soon as you get your next job you get the government on their rear end and make 'em cut you a cheque. It's the Australian way. :australia:

razz
Dec 26, 2005

Queen of Maceration

Arcturas posted:

Also, if the statute of limitations has run (remember, every time you pay them, or acknowledge you owe them, the 3 year timer starts running again), they can't enforce the judgment in court. That means they can't make you pay. But, as other posters have said, they can sell it off to slimy debt collectors who will be super obnoxious, or add it to the credit report (it's not clear that a single debt "ruins" your credit, but the collectors will make it sound like it does), and generally be a pain about it. So you'll want to compare how much they're asking for against how much you want to fight this.

And, frankly, in the grand scheme of things three years isn't that long. It feels like a long time to you, especially for a single bill, but in terms of legal fights and contracts and statutes of limitations, a three year SoL is really quick. In my state the default SoL is four years, and the SoL for anything in writing is six years.

Can I piggyback on this discussion about unpaid medical debt? My husband went to the ER before we met and got hit with a rather large medical bill since he didn't have insurance at the time. He was fine, didn't have any additional work done, the bill is basically just the outrageous charge for an uninsured ER visit. This was maybe 3-4 years ago and happened in Kansas. He is adamant that this hospital debt will magically go away after 7 years and I think he's gotten his wired crossed somewhere because that just sounds like bunk to me. He's not getting any sort of summons or collection notices in the mail, no phone calls from the hospital or collection agencies, etc. So is this debt really just going to go away? Has it already gone away? It sounds crazy to me that just by waiting he'll NEVER have to pay it.

I don't believe he has ever paid them anything; if he ever got a bill in the mail he just ignored it. Again, this happened before we met and I have never seen any indication that anyone is coming after him for the money, Nothing has ever come for him in the mail since we started living together a year or so ago.

Confirm/deny?

razz fucked around with this message at 20:48 on Dec 1, 2013

Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die
He should check his credit report. It's free once per year by law from freeannualcreditreport.com. That sounds like a scammy site but it's not.

Arcturas
Mar 30, 2011

If they do absolutely nothing, then sure, after enough time they won't be able to collect on it. Basically once the statute of limitations runs, they can't enforce the judgment in court. Statutes of limitation vary by state and by subject, but I could see 7 years being the relevant SoL. However, it's pretty unlikely that they'll do nothing. Hospitals have a lot of billing staff who work on collecting unpaid bills, and eventually they'll probably try to collect on it. They might also sell it to a debt collection agency, who tend to be scummy and harass-y, and they might put it on your credit report.

To collect on the debt, there are basically three approaches they can take. One, they can hassle you - either call you, e-mail you, mail you, or otherwise get in touch and try to convince you to pay the debt. Two, they can put the bill on your credit report, which might make it harder for you to get loans in the future. Three, they can sue you. If they sue you, they can execute on the judgment by garnishing wages, seizing property, seizing funds in bank accounts, etc. You'll be able to protect some of your assets because most states have judgment exemptions, and it's a somewhat drawn-out process for them, so they'd rather just convince you to pay the bill, but you should be aware that's a risk.

And, as discussed above, just because they can't collect on it in a court of law (because the SoL ran) doesn't mean they won't hassle you to try and collect.

razz
Dec 26, 2005

Queen of Maceration
Oh good idea, I didn't even think that it might be something that would show up on a credit report. Thanks, we will look into it! If it doesn't show up on the credit report does that mean we're in the clear, so to speak?

Thanks for the additional information, Arcturas. Hopefully they won't sue us. We have literally no assets and like, loads of student loan debt and basically a minimum wage income so I'm not real sure what they could take.

And just so we're clear I'm not trying to skirt around our debt obligations. Merely trying to piece back together some semblance of financial security due to my husbands horrible, horrible financial decisions that he made years before we met.

A new legal question: Can your wages be garnished if it would put your income below minimum wage?

razz fucked around with this message at 01:51 on Dec 2, 2013

Arcturas
Mar 30, 2011

Wage garnishment is really weird, and I don't know much about it. It's also one of those things that varies dramatically from state to state. Generally they can get a percentage of your wages, but the less you make, the less you can take, and they can't reduce it below a particular floor.

Tyro
Nov 10, 2009
There is a BFAC megathread specifically about debt collection that might help also!

http://forums.somethingawful.com/showthread.php?threadid=3234974

razz
Dec 26, 2005

Queen of Maceration

Tyro posted:

There is a BFAC megathread specifically about debt collection that might help also!

http://forums.somethingawful.com/showthread.php?threadid=3234974

I actually read pretty much that whole thread when we were trying to figure out how to deal with my husband's delinquent student loans (very generous mother-in-law to the rescue ended up being the best solution for us haha) and the OP in that thread seemed kind of... shady. Like he is proud that he got out of paying money that he owed. I don't want to not pay off our debts but if this hospital bill is something we can get out of or are already free and clear from obviously I won't say no to that. I guess if we start getting collection notices I'll be back in this thread asking for help :)

Anyway I know this is the legal thread and not the finance thread, I just saw someone else mention a similar story and it got me thinking about this debt of my husband's. Since we never get notices or whatever it's not like we ever talk about it, it's more of a "we'll deal it when/if we have to" type thing.

Soylent Pudding
Jun 22, 2007

We've got people!


razz posted:

the OP in that thread seemed kind of... shady. Like he is proud that he got out of paying money that he owed.

I worked with a firm that did both debt collection and bankruptcy work. On the collection side our favorite tool and on the bankruptcy side the most annoying thing is the moral pressure to "pay what you owe." There is nothing unethical about exercising your rights to protect your financial future. We actually kept a bible in the conference room just so we could pull out Deuteronomy 15:1 "At the end of every seven years you must cancel debts." to help make people feel better about standing up for their rights as debtors.

Arcturas
Mar 30, 2011

Also, if you're uninsured then the bill they sent you bears absolutely no relation to the actual cost for those services. Most hospitals charge based off a cost sheet (or is it a charge sheet? I forget the terminology), that basically has made-up prices for everything. That's where you get $5 for an advil or similarly silly prices. Insurance companies refuse to pay those rates, and instead either use standardized cost sheets the hospital is forced to accept or refuse to take that insurance, or negotiate particular pricing schemes for that insurance company/plan.

It's one reason that Medicare is actually really cost-effective medical care. The federal government is such a huge purchaser that it has incredible bargaining power with doctors and hospitals, so it can negotiate the best rates. (It doesn't hurt, too, that medicare fraud is criminal and whistleblowers get paid a lot more than a whistleblower on a private breach of contract would get paid) I always roll my eyes when people complain about Medicare being too expensive for everyone - it has inefficiencies, sure, but I am almost sure private insurers' inefficiencies are worse, we just don't see them because everything's private.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

razz posted:

A new legal question: Can your wages be garnished if it would put your income below minimum wage?

In Kansas, for any given workweek, creditors are allowed to garnish the lesser of:
1: 25% of your disposable earnings, or
2: the amount by which your weekly disposable earnings exceed 30 times the Federal hourly minimum wage.
“Disposable earnings” are those wages left after your employer has made deductions required by law.

For medical debt, they'll have to sue and get a money judgement against your husband first.

protmind
Dec 25, 2007
I'm married with two young children and we live in Texas. We have a house, two cars and various retirement accounts. Can we do a online will? We want to leave everything to the other living spouse and if we are both gone, to my in-laws to take care of our kids.

Sounds simple, right?

patentmagus
May 19, 2013

protmind posted:

I'm married with two young children and we live in Texas. We have a house, two cars and various retirement accounts. Can we do a online will? We want to leave everything to the other living spouse and if we are both gone, to my in-laws to take care of our kids.

Sounds simple, right?

If you can afford a house, two cars, and various retirement accounts then you can afford a lawyer. The online wills are OK as long as no one contests the will. Absolutely no one - including the tax man.

It shouldn't cost too much because your situation is not unusual, yet. Call around and go visit a few lawyers. Pick someone you like and feel comfortable/confident with. Most will give a free short initial consult.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

protmind posted:

I'm married with two young children and we live in Texas. We have a house, two cars and various retirement accounts. Can we do a online will? We want to leave everything to the other living spouse and if we are both gone, to my in-laws to take care of our kids.

Sounds simple, right?

It is pretty simple. It's also drat simple for a lawyer to handle it for you and handle it right. Here's the thing with online wills: they're contingent on your knowledge of how you think things will go. Everyone assumes that "Oh no nothing weird will ever happen" and for the most part, they're pretty right.

But weird poo poo does happen. Straight answer is that in Texas, your stuff's already going to your kids even if you die. Your inlaws will also likely be already getting custody of your children (that's a whole different kettle of fish). And it'll be through a dependent administration, which means you have to go to court a shitload to do anything. And the best part of that is that in Texas, probate's more or less a legal monopoly. You HAVE to hire a lawyer because most courts won't let you probate a will or run through a small estate affidavit without a law license. And if that process is screwed up, it's just going to be more money out of your estate.

For example, what if you're in a wreck and you're dead and your spouse is comatose? How do your retirement accounts actually roll over? Are they part of your estate or not part of your estate and a contractual provision to be handled by your retirement administrator? Are you going to pay the house note as a matured, secured claim or as preferred debt and lien status through your probate estate?Will anyone be able to claim homestead rights? What's the difference between an independent executorship and having all your assets transferred into a trust and having a trustee administer the trust for the health, maintenance, education and support of your children? What do you need for a two-step attestation in Texas so they can wave you through the probate process?

For the most part, most lawyers can handle this poo poo for you pretty easily and cheaply and they can answer all the questions a website won't. And for a simple will? $350 for each of you. $600 for both, assuming you get a lawyer who doesn't shtup you.

Edit:

There's also a whole mess with who's a proper witness to a will and who isn't. Finding two witnesses and a notary is a pain in the rear end, especially since you can't witness your wife's will and she can't witness yours (which is a mess people get into with online wills).

This isn't general law-- this is Texas law.

G-Mawwwwwww fucked around with this message at 06:45 on Dec 2, 2013

Lord Lilf
Aug 12, 2007

by exmarx
I work in a call center as a CSR for a bank through a third party vendor. Recently they've started requiring us to clock out every single time we have to use the restroom or get up from our seat. I live in a right to work state (WV) and I'm pretty sure the law states that they don't have to provide breaks at all but I'm still fuzzy on the legality of being forced to actually clock when you have to use the restroom. Even if you don't clock out, if they find you are not on the phones they will cut the time from your pay. Any input on this?

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

New Leaf posted:

Just to quickly follow up on this- I talked to the office this morning, and they claim that they've been sending invoices out (to what have been the correct address at the time) for the entire three and a half loving years, but for some wacky reason, they haven't gotten collections involved yet! So- assuming this is true (which I don't think it is since I've NEVER seen one until today when the post office forwarded it to my new address as of May 2013), the statute of limitations in NC for being sued for 'unpaid' medical bills (which I have probably already paid once) is 3 years. It has been 3.5 years. I'm good, right? Or am I mis-reading that law entirely?

Oh, and the woman on the phone couldn't say 2 words without "um"-ing or "ah"-ing and said that the staff that was in place at the time was no longer there and she doesn't know what their practices were, yadda yadda. But if I paid today over the phone she could give me a 25% discount! And now that we've spoken, I have until December 5th to pay up. 3.5 years is a really large grace period to wait to get collections involved, don't you think? I mean, as I mentioned, I bought a loving HOUSE since then and this wasn't on my credit report.
IANAL, however, there is a presumption of competence here that some of the people giving you advice are making that, in general, isn't the case.

I did support for a medical billing software company; there are two things you should know about the billing personnel in most doctor's offices: 1) they are frequently married to the doctor 2) as a rule, they don't have a loving clue what they're doing.

It's entirely possible this debt was made up out of whole cloth, belongs to another patient, or is simply something that was paid by the insurance company. You should be able to bang out a letter in about five minutes contesting the fact that you owe the debt at all (again, presume incompetence), requesting a detailed bill which includes both your portion of the debt and the portion paid by the insurance company.

There is some merit to the "pay them and make it go away" line of thinking, but there is also merit to the "make sure they're not taking you for a loving ride" line of thinking. After all, if they found one debt after three-plus years, who's to say they aren't going to find another one after they know you're good for it?

At the very least, if you're going to pay, you should demand some kind of letter providing that it's full and final settlement of all debts accrued up until the current date, so they can't come back after you.

Devor
Nov 30, 2004
Lurking more.

Lord Lilf posted:

I work in a call center as a CSR for a bank through a third party vendor. Recently they've started requiring us to clock out every single time we have to use the restroom or get up from our seat. I live in a right to work state (WV) and I'm pretty sure the law states that they don't have to provide breaks at all but I'm still fuzzy on the legality of being forced to actually clock when you have to use the restroom. Even if you don't clock out, if they find you are not on the phones they will cut the time from your pay. Any input on this?

IANAL

From the West Virginia Labor FAQ here:

http://www.wvlabor.com/newwebsite/Documents/wageforms/wage%20collection%20faqs.pdf

quote:

DOES STATE LAW REQUIRE EMPLOYERS TO PROVIDE THEIR EMPLOYEES WITH ANY
TYPE OF A LUNCH OR REST BREAK?

All West Virginia employers are required to provide
their employees working at least six (6) or
more hours AND are not already being provided a rest
or meal break with a twenty (20) minute unpaid
break period. However, this requirement does not apply
when the employees are allowed to eat and visit
the restroom while working nor does it apply when
employees are already being provided a lunch or meal
break regardless of their duration.

Reading between the lines, it seems like you may be kind of screwed. Since it says an unpaid break is not required if the employer lets you eat and poop while working, then that implies that your employer can require you to not eat and poop on the clock. An employee manual may help you out, but if you raise the issue they may just change it and/or fire you.

Javid
Oct 21, 2004

:jpmf:
Call centers both A) suck to work at and B) specialize in exactly that kind of probably-just-barely-legal poo poo.

Lord Lilf
Aug 12, 2007

by exmarx

Devor posted:

IANAL

From the West Virginia Labor FAQ here:

http://www.wvlabor.com/newwebsite/Documents/wageforms/wage%20collection%20faqs.pdf


Reading between the lines, it seems like you may be kind of screwed. Since it says an unpaid break is not required if the employer lets you eat and poop while working, then that implies that your employer can require you to not eat and poop on the clock. An employee manual may help you out, but if you raise the issue they may just change it and/or fire you.

I figured as much. Thank you for clearing that up for me.

Javid posted:

Call centers both A) suck to work at and B) specialize in exactly that kind of probably-just-barely-legal poo poo.

Yet sadly it's the only job that pays above minimum wage in town. :smith:

Outcast Spy
May 7, 2007

How could you be both?
Any UK-based immigration legal experts here? I have a few questions.

Background: My sister, a citizen of the USA, has been living abroad in the EU as a student, but she has put in an application for a residence permit. Unfortunately, the country where she is living is well known for giving residence permit applicants the run-around (she finally hired a lawyer to help her) but she wasn't able to get an answer on the permit before she overstayed her visa. A friend of hers in the UK said she was welcome to stay with him for a couple months while she waited to hear from immigration, so she set off for Edinburgh last week.

UK immigration decided her reasons for being in the UK weren't good enough and sent her to a detention center where, fortunately, she spent only one day before they sent her back whence she came. She had a couple days left during which she could still legally be in the EU, so she got a ticket to the US and is living here now. The immigration officers in Frankfurt didn't question why she was re-entering the EU with so little time left on her visa.

She said that most of the staff at the detention center were confused about why she had been brought there and couldn't, or wouldn't, answer most of her questions. The chief immigration officer decided she didn't break any laws but wouldn't let her into the UK. She was told that she would be allowed in in the future and was encouraged to apply for a visa. However, my sister is not certain of what to believe because they told her many things which didn't turn out to be true: that she would have access to her credit cards, that she would be able to use a phone, that she would be able to use the internet (that did eventually happen, but it was a big to-do for some reason). They told her they tried to contact her friend via intercom at the airport, but her friend said that he was never paged. When I read the letter from the chief immigration officer as to their reasons for deporting her, it said she was trying to evade Schengen restrictions, when in fact the whole point of the trip was to adhere to them. She has plenty of money and wasn't planning on working while in the UK; she has private health insurance and never intended to use any of the UK's social services.

Our questions are: is it probable that if she should decide to visit the UK in the future, that she will be allowed in, and more importantly, since the UK and EU share information, to what extent could this experience impact her ability to re-enter the EU when she would otherwise be allowed to do so?

ANIME AKBAR
Jan 25, 2007

afu~
Today my roommate and I received letters about some apparent dispute between our landlords and some third party. We're in our fifth month of a yearlong lease so I want to know if this is going to be a problem. We're in Ohio. Here's the gist of it:

quote:

[Third party name, I think it's the governing authority on the building we live in]
VS
[One of my landlords]

Judge: Blah
Room: Bleh
Docket Date: Feh

Substitute defendant's motion for leave to file an amended answer and cross-claim is granted. Substitute defendant may file an amended answer and cross claim within thirty days of the date of this order. Notice issue.

It's addressed to the tenants, but I have no idea why we're getting it because it doesn't mention tenants at all. So what am I looking at here? Should I be scared? I haven't taken any action so far, I thought I'd first call the clerk whose name appears as the sender before making an awkward call to my landlord. I honestly have no clue what this is about or what I should do.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
Have you spoken with your landlord?

ANIME AKBAR
Jan 25, 2007

afu~
Nope, I just read the thing tonight and I was hoping to have something other than "what the hell is this" when I eventually call them about it. I don't even really know them well enough to be sure they'll be honest about it.

ANIME AKBAR fucked around with this message at 05:46 on Dec 3, 2013

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

ANIME AKBAR posted:

Today my roommate and I received letters about some apparent dispute between our landlords and some third party. We're in our fifth month of a yearlong lease so I want to know if this is going to be a problem. We're in Ohio. Here's the gist of it:


It's addressed to the tenants, but I have no idea why we're getting it because it doesn't mention tenants at all. So what am I looking at here? Should I be scared? I haven't taken any action so far, I thought I'd first call the clerk whose name appears as the sender before making an awkward call to my landlord. I honestly have no clue what this is about or what I should do.

You should be able to pull up the case on the court's website, which should give you some idea of what it is about. MAKE SURE IT'S NOT A FORECLOSURE ACTION.

Keep in mind that if it is something that negatively affects you, your landlord has a very strong incentive to lie to you about it, so I don't know why you would bother talking to him.

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Boris Galerkin
Dec 17, 2011

I don't understand why I can't harass people online. Seriously, somebody please explain why I shouldn't be allowed to stalk others on social media!
I'm filling out a background check paper for employment and at the section where it asks:

"Have you ever been convicted of an offense against the law (other than a minter traffic violation), or are you now under charges for any offense against the law?"

When I was 20 and was arrested at a DUI checkpoint and eventually charged with "reckless driving" which wikipedia says is a "major moving traffic violation." I take it I should answer YES to the question and then there's a section where I can/should explain. Can I just write something as simple as: "Charged in 200X for reckless driving—major moving traffic violation in COUNTY, CITY, STATE," and be done with it? For what it's worth this position is a desk job and driving isn't something I'll ever have to do.

Also, this happened like 6 or 7 years ago. I don't remember the dates or times anymore and I have no record of any of my documents in paper or on my computer. I don't even know if I was 20 when this happened, so this means I don't know what year this was either. Isn't there some kind of public record I could search? This was in Maricopa County AZ.

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