|
Arcturas posted:All this varies dramatically from state to state, but generally hearsay is admissible in small claims court. Plus "hearsay" is a really complicated issue that you don't want to fuss with. Generally bring anything and everything you can with you to small claims and make the magistrate figure out the details. To force the landlord to provide you with documents, look into a "subpoena duces tecum," which I believe are even available in small claims court. If you call the clerk of the small claims court in your area, or check the court website, they may have more information for you. Thanks for the info Arcturas! I will check with the clerk court to see what they say.
|
#
?
Feb 19, 2014 18:09
|
|
|
|
| # ? May 22, 2024 14:53 |
|
|
Budget Dracula posted:Can any legal goons shed light on this situation?
|
|
#
?
Feb 19, 2014 18:32
|
|
|
Bad Munki posted:In movies and shows, it's often a thing where they have to go through gymnastics to serve someone, like pretending to be a delivery man so they'll answer the door or poo poo like that. Is that actually a thing, and does it actually happen? Anyone have any awesome stories where they had to get some chick to pretend to be a girl scout selling cookies door to door in order to serve someone or something? My best so far is a 6ft+ ex-cop trying to serve on a 6ft++ "mountain man" at a warehouse. First time, the mountain man handed the papers back and said he didn't want them. Ex-cop, obviously not experienced, took them back and wouldn't write up the certificate of service. I asked him if he was really an ex-cop and trained to handle that sort of crap. So he went back. They ended up shoving the papers towards each others chests until the papers fell on the floor. Ex-cop says "I'm done playing, you're served." and leaves. Mountain man chases him into the parking lot and throws the papers through an open car window. All this confrontation was unnecessary. The ex-cop could have written up the certificate and simply recited the details. The mountain man had been properly served under the jurisdiction even if he gave the papers back. Anyways, when you look into service of process it's pretty clear that dodging service is not new and the rules have adapted to keep overly "clever" people from slipping away.
|
|
#
?
Feb 19, 2014 19:17
|
|
|
ShadowHawk posted:Do any courts allow deposition by video conference? Is that a thing? EDIT: I just reread. I interpreted "video conference" incorrectly, obviously. I'm leaving my answer as written so my shame will be eternal. Yes. My court had a medical malpractice trial earlier this month in which several of the depositions had been taken earlier, taped, and then just had the tape played for the jury (with edits to account for objections and the like). They are not terribly interesting things. We also had one witnesses whose deposition testimony was read in to the record. Plaintiff's attorney one played himself, plaintiff's attorney two played the witness and they just read the script. That's even less interesting. Especially since attorney two had to underact as to all points -- if you get too excited on anything good for your client, opposing counsel will object; if you underplay anything bad for your client, you get the same thing. Kalman posted:I think that you can't do video depositions for criminal cases and use them at trial because of the confrontation clause, but nm or someone else who does criminal work could probably answer that. My state full-on prohibits depositions for discovery in criminal cases. Alaemon fucked around with this message at 02:27 on Feb 20, 2014 |
|
#
?
Feb 20, 2014 02:23
|
|
|
In terms of getting facts on the record and creating a record, telephonic testimony is invaluable. However if persuasive testimony is important, you are going to want it to be live.
|
|
#
?
Feb 20, 2014 02:30
|
|
|
Bad Munki posted:In movies and shows, it's often a thing where they have to go through gymnastics to serve someone, like pretending to be a delivery man so they'll answer the door or poo poo like that. Is that actually a thing, and does it actually happen? Anyone have any awesome stories where they had to get some chick to pretend to be a girl scout selling cookies door to door in order to serve someone or something? "Is [name of defendant] here? I think I bumped into his car in the parking lot and I need to exchange insurance information."
|
|
#
?
Feb 20, 2014 09:41
|
|
|
The  option in some places if the person is actively ducking you is service by publication where you take out a classified ad for a period of time and it's considered good enough.
|
|
#
?
Feb 20, 2014 09:46
|
|
|
In Pa you can just serve people by leaving it at their place of business or house. No drama. Although it is fun to serve people who do not live in the state and you don't really know where they live. You have to hire constables to track them down when you know they may be in the state.
|
|
#
?
Feb 20, 2014 15:53
|
|
|
When we send things to the process server if they aren't able to find the person/talk with "John Doe" they just do a Nail and Mail and send us the affidavit. I think it's funny when people won't tell the server their information and think that means they can't be served.
|
|
#
?
Feb 20, 2014 19:15
|
|
|
edit:nevermind
randomidiot fucked around with this message at 15:19 on Feb 21, 2014 |
|
#
?
Feb 21, 2014 08:26
|
|
|
Budget Dracula posted:Can any legal goons shed light on this situation? The email doesn't matter. The rental application and witnesses don't matter. The VA clerk will tell you to go fly a kite. You either have a lease or you don't. If you don't have the lease in hand, then all you had was a month-to-month tenant and you are hosed. If you have the lease, then you might win but you'll still be hosed as you won't get paid. You have like a <5% chance of getting paid, but that doesn't mean you should stop. It's just lease or nothing.
|
|
#
?
Feb 21, 2014 19:55
|
|
|
Copyright law question UK I've had a quick look online but I'm somehow missing the right combination of words to get what I want. How does copyright law work regarding the remaking of something that already exists, and what are the perimeters? I know plays have some complexities surrounding fair use. For instance, you probably aren't supposed to change the script in any way, but people cut stuff down or change the location all the time. If someone writes a play and the rights on that play are still standing, is it possible to rewrite the play and be exempt from the rights? Does the original author OWN the story? The title? The characters? If you set the play in different setting, renamed the characters, but the general synopsis was clearly the same, would you be infringing copyright, or would you simply be writing a different version of the same 'story' which then belonged to you?
|
|
#
?
Feb 22, 2014 13:58
|
|
|
Kalman posted:I think that you can't do video depositions for criminal cases and use them at trial because of the confrontation clause, but nm or someone else who does criminal work could probably answer that. You can offer testimony directly through a deposition in a criminal case, but only under certain extremely controlled and unusual circumstances. Generally speaking, the only time this is an option is when the witness has died or otherwise been rendered completely unable to testify, the prosecutor has successfully anticipated that this would happen ahead of time, filed the appropriate motion well in advance, and conducted the deposition with the defendant physically present (which is strictly prohibited otherwise) so that his or her confrontation clause rights are not violated. This is how it's done in my state, others may differ or not allow it at all. Sounds like Oklahoma is much more permissive. It's very rare, and is something that generally only happens "routinely" in elderly exploitation/abuse cases. I've done them though.
|
|
#
?
Feb 22, 2014 14:07
|
|
|
Alaemon posted:My state full-on prohibits depositions for discovery in criminal cases. They're available to the defense as a matter of right in every single felony case in mine.
|
|
#
?
Feb 22, 2014 14:12
|
|
|
Captain_Indigo posted:Copyright law question UK The words you're looking for are "derivative works".
|
|
#
?
Feb 22, 2014 15:32
|
|
|
Kalman posted:The words you're looking for are "derivative works". Ah, that's perfect. Thank you very much.
|
|
#
?
Feb 22, 2014 17:07
|
|
|
Apologies if this is the wrong thread My question is about rental agreements I live in Pasadena, part of Los Angeles County to the best of my knowledge. I have been living in a converted garage for the last 3 years. I did not sign a lease or rental agreement. I paid the last month's rent as well as a deposit equal to one month's rent in lieu of credit. I have been an excellent tenant. No complaints about me and always paid on time. I plan on living here for as long as possible. The owners moved out of state and the property was turned over to a rental management company. It still has the same owners, but I send the checks somewhere new. The new company wants me to sign a rental agreement. There is some out of code work and an illegal addition to the garage. Can I ask them to bring it up to code? Assuming its a standard rental agreement, what do i stand to gain by signing it? Can I refuse?
|
|
#
?
Feb 22, 2014 19:12
|
|
|
You have a much better position should illegal stuff happen. Also, you'll get to stay living there. I would be sketched out living somewhere without a written lease.
|
|
#
?
Feb 22, 2014 22:57
|
|
|
State: MA Hypothetical: Roommate and co-tenant Goofus, is threatening self-help eviction of other roommate and co-tenant, Gallant. Both Goofus and Gallant are on the lease, joint and several, with the Landlord. Landlord to date is not involved. Goofus emails Gallant the day before Gallant is leaving the country for vacation stating that Goofus has hired movers to put Gallants stuff in the street in one week, if Gallant does not "move out." Gallant cancels planned trip and will be speaking to a residential attorney first thing Monday morning. Any suggestions for Gallant on how to find an excellent residential landord/tenant attorney? Edit: Goofus will not speak to Gallant at all, and has refused offers of mediation for a realistic move out discussion. Responds only with more threats (not yet physical).
|
|
#
?
Feb 23, 2014 14:26
|
|
|
Gallant should call the landlord NOW, as the landlord has an interest in keeping Goofus out of jail and might talk some sense into him. If Goofus or his movers touch Gallant's stuff, Gallant should call the police immediately. As to the attorney... I guess phonebook? A letter from an attorney may cool Goofus' jets, but there's little [cost-effective] pre-emptive legal action to take.
|
|
#
?
Feb 23, 2014 15:09
|
|
|
woozle wuzzle posted:Gallant should call the landlord NOW, as the landlord has an interest in keeping Goofus out of jail and might talk some sense into him. If Goofus or his movers touch Gallant's stuff, Gallant should call the police immediately. Thank you. More info on the (hypothetical) LL involvement. The Landlord has been CCd by Goofus, on all Goofus's emailed threats of self help eviction. The Landlord is absolutely aware but has said/done nothing to Gallant. Goofus has also discussed situation in person with Landlord, and said as much to Gallant, but Gallant is unaware what they discussed. Landlord is a large building corporate LL. Goofus is making unsubstantiated and untrue allegations of drug activity as leverage/threats to force self help eviction. Gallant is legitimately unafraid of this line of attack because it is untrue and in any event, in MA, not criminal. Gallant is concerned about further escalation from Goofus and is hoping one thing a lawyer can achieve is negotiated time where Gallant can remove his belongings from the apartment without harassment from Goofus. Goofus completely refuses to speak to Gallant about these issues and so is hoping a lawyer can help with that. Leopold Stotch fucked around with this message at 15:23 on Feb 23, 2014 |
|
#
?
Feb 23, 2014 15:21
|
|
|
Goofus already has no legal right to remove Gallant's belongings from the premises, so there's really not much a lawyer can do at this point--the lawyer can't prevent Goofus from breaking the law. As stated, if Goofus or anyone else takes steps towards self-help eviction, Gallant should call the police.
|
|
#
?
Feb 23, 2014 19:36
|
|
|
Leopold Stotch posted:State: MA I am not a lawyer, but I have had to manage tenancy problems in Massachusetts, so I can offer two pieces of advice. The first is that if Gallant calls the Boston Bar Association, they will provide him with a referral to a tenancy lawyer. If they go through this route, the consultation should be free or only a nominal fee (I paid $25 to talk to a guy for an hour). You aren't obligated to pursue the matter with the person you speak with. The other option I would recommend is to try contacting a Mediation group - here is a link about this sort of thing in MA. If Goofus won't talk to Gallant directly, maybe working through professionals will help. We tried using them ourselves and they were very professional; they weren't able to help us because the other person was literally insane, and you can't mediate someone back to sanity. But it is a non-legal option to consider (which is also somewhat less aggressive than hitting them with legal threats).
|
|
#
?
Feb 23, 2014 19:50
|
|
|
My family(and myself at age 5) claimed political asylum from the USSR in 1989. I had always heard that technically as an asylum seeker, I am never allowed to return to Russia for tourism or anything(or that is, if something happens to me, I am SOL with any help from the US embassy(I am now a full fledged US citizen and have been for nearly 20 years). What truth is there to this given that the USSR has long since dissolved?
|
|
#
?
Feb 24, 2014 03:50
|
|
|
Probably everything has changed, but talk to an immigration attorney first
|
|
#
?
Feb 24, 2014 04:09
|
|
|
USPS change of address was in effect, but some mail didn't get forwarded. The recipient - who the mail was not addressed to - wants payment for taking it to the post office or returning it to the sender. Is that specifically illegal? Destroying or opening it would be, as far as I know, but I can't find anything about just holding on to it.
|
|
#
?
Feb 24, 2014 07:32
|
|
|
Aradekasta posted:USPS change of address was in effect, but some mail didn't get forwarded. The recipient - who the mail was not addressed to - wants payment for taking it to the post office or returning it to the sender. Is that specifically illegal? Destroying or opening it would be, as far as I know, but I can't find anything about just holding on to it. If you know who the sender is it would be easier to just notify them of your current address and resend.
|
|
#
?
Feb 24, 2014 08:28
|
|
|
Well, yeah, but that's not why I'm in the legal questions thread.  I've always just returned misdirected mail, but I have no idea what one's legal responsibilities are if destroying it is prohibited.
|
|
#
?
Feb 24, 2014 09:13
|
|
|
What the hell kind of douche wants payment for not accepting mail? Taking it to the post office? Literally all the person had to do was leave it in the mailbox as if it was outgoing mail. Just leave it there and put the flag up, that's it. Writing "incorrect address" on the item helps, but even that isn't necessary. I know that doesn't answer your question, but what a hoser.
|
|
#
?
Feb 24, 2014 15:01
|
|
|
Leopold Stotch posted:Thank you. More info on the (hypothetical) LL involvement.
|
|
#
?
Feb 24, 2014 17:59
|
|
|
Aradekasta posted:USPS change of address was in effect, but some mail didn't get forwarded. The recipient - who the mail was not addressed to - wants payment for taking it to the post office or returning it to the sender. Is that specifically illegal? Destroying or opening it would be, as far as I know, but I can't find anything about just holding on to it. Talk to the postal inspection service (https://postalinspectors.uspis.gov). This sounds like it could be considered mail theft, and they'll help you sort it out. Mail cops are actually scary powerful - they're federal agents, but their jurisdiction is basically "anything that has to do with the mail." And the mail goes a lot of places.
|
|
#
?
Feb 24, 2014 18:12
|
|
|
Space Gopher posted:Mail cops are actually scary powerful - they're federal agents, but their jurisdiction is basically "anything that has to do with the mail." And the mail goes a lot of places. Plus they know where you live.
|
|
#
?
Feb 24, 2014 18:25
|
|
|
I am in Massachusetts, and I have some questions relating to guests when living with roommates. Essentially we have an issue with a neighbor's friend inviting himself over, this person we'll call Bob, is also a mutual friend of one of my roommates. In total there are three people on the lease. Myself and the other roommate talked and said that we don't want Bob around because besides that we won't know who he is, he would sleep on our couch until 3 in the afternoon, creep around the house in the middle of the night, run around the house in his boxers after he got up, and has in general just been a very passive aggressive and creepy person to have around. We talked to Bob and told him that unless he is in the company of our other roommate, he is not allowed in our apartment at all. I want to know what my recourse can be if Bob comes back into our apartment alone uninvited, because that just happened now. He came up here looking for our neighbor (I looked out the window and saw him leave) and left before I could confront him. If one roommate is ok with him being there, I don't know if that complicates things. Would it just be best to call the non-emergency police number? I'm worried about removing him physically, because I live in Massachusetts, and I'm certain that in altercations you're only allowed to use force as a last resort.
|
|
#
?
Feb 24, 2014 19:48
|
|
|
Thanks to those who responded to my question from highlights magazine. You were all helpful.
|
|
#
?
Feb 24, 2014 21:08
|
|
|
rivid posted:I am in Massachusetts, and I have some questions relating to guests when living with roommates. Essentially we have an issue with a neighbor's friend inviting himself over, this person we'll call Bob, is also a mutual friend of one of my roommates. In total there are three people on the lease. Myself and the other roommate talked and said that we don't want Bob around because besides that we won't know who he is, he would sleep on our couch until 3 in the afternoon, creep around the house in the middle of the night, run around the house in his boxers after he got up, and has in general just been a very passive aggressive and creepy person to have around. We talked to Bob and told him that unless he is in the company of our other roommate, he is not allowed in our apartment at all. What did your roommate say when you told him that Bob was being creepy and that you didn't want him in the house when he wasn't there?
|
|
#
?
Feb 24, 2014 21:35
|
|
|
rivid posted:If one roommate is ok with him being there, I don't know if that complicates things. Would it just be best to call the non-emergency police number? I'm worried about removing him physically, because I live in Massachusetts, and I'm certain that in altercations you're only allowed to use force as a last resort. IANAL but removing him physically is probably not the best idea. Depending on your state's law you can't necessarily use force on a person even if they're in your home unless you fear for your physical safety. If your roommate isn't around and you've asked him to leave and he's still there, he's trespassing. Call the cops (yeah, probably the non-emergency number) and tell him you're calling the cops. If the roommate is there and has invited him in, I think you're out of luck.
|
|
#
?
Feb 24, 2014 22:02
|
|
|
rivid posted:
IANAL, but perhaps you could try locking the door?
|
|
#
?
Feb 24, 2014 22:52
|
|
about Bob
|
So I got a ticket for negligent driving after my car hit some black ice and then hit a guardrail. I have a mitigation hearing by mail, and I'm not terribly sure what to include in the letter, so any advice is appreciated. This happened in Kitsap county, WA. I'm not in a current lawsuit, not trying to sue anyone, I just want this not on my record. quote:Dear Honorable Judge,
|
|
#
?
Feb 24, 2014 23:00
|
|
|
Hypothetically, an imaginary person in WA received an MRI on her leg. She lost the initial bill, but paid in full when the second notice was sent. In between her sending the payment and the facility receiving the money, the facility sent out a notice to collect. Let's just say she assumed it was an error but sent a debt validation letter just to be on the safe side, with signature receipt. She also called the facility and they informed her that the bill was, indeed, paid in full, and even mailed her a receipt verifying that she owed no money. But then, about a week later, this hypothetical facility sent her a letter looking something like: 1. http://imgur.com/xI3DpSK 2. http://imgur.com/xI3DpSK&gmDNPdk#1 Question: since the bill shows 0, does this imaginary person need to worry or do anything else? Or can she ignore this?
|
|
#
?
Feb 24, 2014 23:03
|
|
|
|
| # ? May 22, 2024 14:53 |
|
|
We talked to our other roommate as well as the neighbors and they all said they would talk to him. Nothing changed, so we took matters into our own hands and kicked him out, unless like I mentioned, he's company of the other roommate. The other roommate is also aware that I will call the police if I find Bob on his own in the house again and his response was "ok... if it's that big of a deal for you". I guess I'll need to tell the neighbors this as well now. This is more of an aside, but we live in a two family house. Supposedly after we confronted Bob, I heard he cried (he's probably around 19 years old) and said something about the house being like one big house where he could come and go as he pleased, just like it was with the previous tenants. I know this was never true as I spoke with the previous tenants. So besides the guy being emotionally unstable, he's also manipulative. edit: Chasiubao posted:IANAL, but perhaps you could try locking the door? This is actually something we started doing in response, unfortunately it is also something "other roommate" refuses to do. So... sometimes doors are unlocked anyways. Very mature, I know. -_- It's unfortunate because I had no qualms about my living situation until this became an issue. rivid fucked around with this message at 07:02 on Feb 27, 2014 |
|
#
?
Feb 24, 2014 23:04
|
|