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Lowness 72 posted:Is "prays" really the legal term used? It means respectfully requests. Consider the pleading to be a document you send to YHWH. I don't use the word prays in my pleadings but whatever.
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Aug 21, 2014 03:14
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It's common to see the ending sentence be a "prayer for relief" in federal motions that I see, but it is kinda stuffy. I'm too lazy to google, but I'd bet a quarter it's a relic from courts of equity in England presided over by the church.
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Aug 21, 2014 03:49
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I'm assuming there isn't a simple answer, but what constitutes legal advice? If somebody walked into your office or this thread and you said "your local housing authority/ACLU/NAACP/whatever would be better able to help you with this", does that constitute legal advice?
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Aug 21, 2014 04:16
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SkunkDuster posted:I'm assuming there isn't a simple answer, but what constitutes legal advice? If somebody walked into your office or this thread and you said "your local housing authority/ACLU/NAACP/whatever would be better able to help you with this", does that constitute legal advice? No. The standard i use is advice is usually when i apply law to facts. Want to know how to get a divorce? I can tell you the process, that's legal information. You can get it from google too. Want to know if you qualify for a divorce in this county? I'd have to apply the law to your particular situation (how long have you lived there, where does your spouse live). Sometimes the line is blurry. Part of my job is to make sure I'm actually giving advice, not just information.
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Aug 21, 2014 15:21
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Motronic posted:You're missing the part where people can write whatever they want and ask for whatever they want on a civil complaint and most people don't know that. I know but it seems like the answers and direction it was going was more complicated than it needed to be. ANIME AKBAR posted:I know I don't owe the plaintiffs anything at this point. You can look through the public records for that county and see who currently own the property, as well as the date/results of the foreclosure. You could also just ask the plaintiffs if they'd be willing to show you any proof they own the property, while staying aware of any BS they might throw your way as implying they own it when they don't yet.
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Aug 21, 2014 15:26
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SkunkDuster posted:I'm assuming there isn't a simple answer, but what constitutes legal advice? If somebody walked into your office or this thread and you said "your local housing authority/ACLU/NAACP/whatever would be better able to help you with this", does that constitute legal advice? What to do: Legal Advice How to do it: Legal Information thats the closest thing to a bright line test I can muster.
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Aug 21, 2014 16:46
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chemosh6969 posted:I know but it seems like the answers and direction it was going was more complicated than it needed to be. According to his posts, Plaintiff doesn't own the property, and aren't claiming they do. What he is describing is that the Landlord, hosed up and got a judgment against him for some credit card debt, or some other thing. Now the person who got that judgment against the landlord is trying to collect. Collector discovered that Landlord had a rental property: ANIME AKBAR's house. Now the Debt Collector has initiated a new proceeding, where he is asking that Court for an order to have ANIME AKBAR send rent checks directly to the Debt Collector, as opposed to the Landlord, in order to satisfy the previous judgment.
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Aug 21, 2014 16:50
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blarzgh posted:According to his posts, Plaintiff doesn't own the property, and aren't claiming they do. Dur, I saw the talk about foreclosure and thought that's what was happening. My bad dude, my bad.
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Aug 21, 2014 16:59
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Other than what we call "vexatious litigation" in Texas, legal processes are not considered harassment. I think you may be confounding the right of quiet use and enjoyment of the property with an imaginary right to have your landlord not gently caress poo poo up with his creditors. You have two (possibly more) issues based on your posts: 1) Do you have any rights or liabilities in the proceeding to garnish rental payments? 2) Status of the current lease with your landlord? - Did you miss the deadline to terminate? - Does the lease renew for 1 year, or one month? (Under the lease/under Ohio Law) - Can you get out of the lease some other way? 3) 17 other things that we don't know about. Unfortunately, it sounds like your situation is too complex and multifaceted to get any good direction from this board. You need to call a local, solo practitioner attorney (like the one you talked to) and see what you can do with finances. Or call free services like: http://lasclev.org/contact/ OR http://www.clemetrobar.org/lrs/ OR http://www.clevelandtenants.org/Renter-s-Rights-Cleveland-OH.html good luck.
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Aug 21, 2014 17:06
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chemosh6969 posted:Dur, I saw the talk about foreclosure and thought that's what was happening. My bad dude, my bad. That was my first thought, too and I was all like, "Cash for Keys, Bitch!"
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Aug 21, 2014 17:07
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Can we update the OP with a place to get free legal forms and templates? I need a blank operating agreement for a single member LLC in NY. I normally wouldn't bother, but my bank needs it for a loan. Anybody know where to get one? All Google turns up are the pay sites like RocketLawyer and LegalZoom.
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Aug 21, 2014 17:14
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Hahaha no get out with that legalzoom poo poo. I hope it is shutdown. There is a reason free forms aren't easily available. To answer your question: please hire a lawyer. euphronius fucked around with this message at 17:42 on Aug 21, 2014 |
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Aug 21, 2014 17:36
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woozle wuzzle posted:It's common to see the ending sentence be a "prayer for relief" in federal motions that I see, but it is kinda stuffy. Ahhh, Canon Law. Has anyone thought about the legal issues with that lawsuit filed in the District Court of Oklahoma County wherein the catholic church is trying to assert property rights over an allegedly stolen eucharist? The parts that I don't understand are the canon law references. I haven't pulled the complaint, but my instinct is to draw a red line through every allegation referencing canon law. I don't trust that instinct. Arguing canon law in U.S. courts seems really weird.
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Aug 21, 2014 17:44
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English equity courts, really only one court, was not clergy or religious. ( I guess they were clergy way back) Prayer is a perfectly normal verb that does not necessarily denote religion. euphronius fucked around with this message at 17:49 on Aug 21, 2014 |
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Aug 21, 2014 17:46
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particle409 posted:Can we update the OP with a place to get free legal forms and templates? I need a blank operating agreement for a single member LLC in NY. I normally wouldn't bother, but my bank needs it for a loan. Anybody know where to get one? All Google turns up are the pay sites like RocketLawyer and LegalZoom. It's already in the OP. quote:This thread should not take the place of an attorney in your decision-making process! You should take everything with a handful of salt, and you should still contact a lawyer!
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Aug 21, 2014 18:39
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ANIME AKBAR posted:This sounds worthwhile. Googling turns up a bunch of results, but most results are just searches for low-income housing, or they only offer assistance for specific issues like discrimination... I'm in the Greater Cleveland area (44106), if that narrows it down. Call these people. They serve all of Cuyahoga County. And since I am not a lawyer and not qualified to give legal advice, I'll tell you that I wouldn't pay anyone with whom I don't have a contract, or to whom I don't have a court order to pay. AlbieQuirky fucked around with this message at 20:34 on Aug 21, 2014 |
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Aug 21, 2014 20:27
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Let's say you're arrested for felony theft. Your wallet and phone are taken and you're put in jail pending arraignment. Can the police unlock your phone without your permission and search your email, texts, etc.? Thanks.
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Aug 22, 2014 04:54
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socketwrencher posted:Let's say you're arrested for felony theft. Your wallet and phone are taken and you're put in jail pending arraignment. Can the police unlock your phone without your permission and search your email, texts, etc.? Thanks. Not without a warrant.
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Aug 22, 2014 04:56
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Do they have to tell you they have a warrant? Thanks.
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Aug 22, 2014 05:03
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socketwrencher posted:Do they have to tell you they have a warrant? Thanks. No.
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Aug 22, 2014 05:28
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Thanks.
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Aug 22, 2014 06:02
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does your phone have a gold fringe?
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Aug 22, 2014 12:04
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I'd definitely want to make sure my public defender or court appointed lawyer or hired lawyer has a copy of that recent case, just FYI. Some folks don't stay updated on recent developments.
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Aug 22, 2014 12:11
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euphronius posted:English equity courts, really only one court, was not clergy or religious. ( I guess they were clergy way back) For further detail in case you are interested, the courts of equity were where you appealed to the "kings conscience" via the Chancellor of England. That is to say you turned up and say "hey, this poo poo ain't right". patentmagus posted:Ahhh, Canon Law. Does the Catholic Church even have legal personality?
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Aug 22, 2014 12:11
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Hot Dog Day #91 posted:I'd definitely want to make sure my public defender or court appointed lawyer or hired lawyer has a copy of that recent case, just FYI. Some folks don't stay updated on recent developments.
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Aug 22, 2014 12:24
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nm posted:Big supreme court search and seizure cases you'd have to be under a rock to miss. I live I a rural area. I'm thinking of the 70 year old general practitioners on the felony appointment list who don't even have computers.
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Aug 22, 2014 13:22
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Hot Dog Day #91 posted:I live I a rural area. I'm thinking of the 70 year old general practitioners on the felony appointment list who don't even have computers. My sheriff's department has 3 deputies. They knew about Riley. (dammit)
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Aug 22, 2014 16:20
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Quick question: In Colorado, if you owe money to an organization, do they need to attempt to collect it or inform you about the debt before sending it to a debt collection agency?
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Aug 22, 2014 22:47
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Does a not-particularly-official, non-notarized document like a suicide note have any weight? If a person dies without a will, but leaves some sort of written document divvying up his stuff, will that document be ignored? I'm not talking about land, or brokerage accounts, or anything. Just simple poo poo, like personal possessions, maybe a car and a bank account. I am guessing a note doesn't mean poo poo, and everything goes to the next of kin.
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Aug 22, 2014 23:35
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Centripetal Horse posted:Does a not-particularly-official, non-notarized document like a suicide note have any weight? If a person dies without a will, but leaves some sort of written document divvying up his stuff, will that document be ignored? I'm not talking about land, or brokerage accounts, or anything. Just simple poo poo, like personal possessions, maybe a car and a bank account. Was he pinned underneath a tractor at the time? Here's a neat article! http://law.usask.ca/news/LawyersWeeklyTractorWill10May13.pdf
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Aug 22, 2014 23:45
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Centripetal Horse posted:Does a not-particularly-official, non-notarized document like a suicide note have any weight? If a person dies without a will, but leaves some sort of written document divvying up his stuff, will that document be ignored? I'm not talking about land, or brokerage accounts, or anything. Just simple poo poo, like personal possessions, maybe a car and a bank account. The answer depends on the jurisdiction and whether or not the written document is handwritten. Look at the Holographic Will. http://en.wikipedia.org/wiki/Holographic_will
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Aug 22, 2014 23:48
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Centripetal Horse posted:Does a not-particularly-official, non-notarized document like a suicide note have any weight? If a person dies without a will, but leaves some sort of written document divvying up his stuff, will that document be ignored? I'm not talking about land, or brokerage accounts, or anything. Just simple poo poo, like personal possessions, maybe a car and a bank account. Please don't kill yourself.
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Aug 22, 2014 23:56
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theflyingorc posted:Please don't kill yourself without a valid will, I will prepare one for $300. fixed 
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Aug 22, 2014 23:58
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I get that the lawyer in that case was just doing his job spot on to get all the evidence for the will and whatnot, but as a layman, I'm confused: wouldn't it all have gone to the guy's wife anyhow? Like, isn't that the default?
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Aug 23, 2014 00:18
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Whether or not a suicide note is a will depends on the state and the content of the note.
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Aug 23, 2014 00:24
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Bad Munki posted:I get that the lawyer in that case was just doing his job spot on to get all the evidence for the will and whatnot, but as a layman, I'm confused: wouldn't it all have gone to the guy's wife anyhow? Like, isn't that the default? In most states, yes. But a big question that a will typically resolves is who gets to be executor. Like yeah, all the assets might go to wife. But will she sell the guitar for top dollar, liquidate the stocks properly, file the right paperwork for life insurance through work, or handle the tax consequences? Often the person administering the stuff is different from the person who gets the proceeds. Like commonly elderly parents want everything to go to their adult child, but that adult child is a god damned moron. They want Uncle Joe to be the executor or else the kid will trade everything for a rubber hat and some porno mags like in Dumber & Dumber.
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Aug 23, 2014 00:29
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Would a suicidal person be considered of sound enough mental condition (or whatever the legal term) for the will to stand?
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Aug 23, 2014 00:33
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It depends but testamentary capacity is a really really low bar.
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Aug 23, 2014 00:37
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Devor posted:Was he pinned underneath a tractor at the time? Here's a neat article! I remember reading about that. I am not sure if it demonstrates incredible cool under pressure, or some form of shock. ulmont posted:The answer depends on the jurisdiction and whether or not the written document is handwritten. Look at the Holographic Will. I originally had "hand-written" where I ended up putting "not-particularly-official." I guess I had it right the first time.
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Aug 23, 2014 00:42
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euphronius posted:Hahaha no get out with that legalzoom poo poo. I hope it is shutdown. Yeah, I just needed it relatively quickly. I have two sole member llc's getting financing on some properties. The bank, at the last minute, decided they needed proof that I was the sole member, so I just needed an operating agreement to send them. My lawyer whipped one up, it just took her a couple days. I filled in the names of the entities, my name as the sole member, etc. The bank has been lovely by not asking for everything all at once. Anyway, it's a completely internal document for a sole member llc. Not even sure why the bank considers it proof of anything, but whatever makes them feel better.
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Aug 23, 2014 00:59
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