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WhiskeyJuvenile posted:If I already bought the house and the car, can I be a dick to debt collectors? Why wouldn't you be a dick to them? Just watch out that you don't reset the statute of limitations by promising to pay, paying a little, etc. It isn't dick-like to demand they prove you owe them the debt and things like that. Dick like is asking them to take off their underwear or where does their wife/husband gives the free BJs.
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Nov 6, 2014 20:31
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seacat posted:Can any of the legal types in this thread shed some light on how sex crimes came to be viewed so differently from any other type of crime (at least in the US)? In addition to everything other people have said, the past crimes evidence part mostly makes sense to me in light of the fact that it's way, way harder to prove intent and circumstances of a sex crime than a robbery, drug deal, or murder. You might have physical evidence of sexual contact, but not of rape. The fact that guy x like to do rapes should probably be admissible in a trial to determine whether guy x's sex act with girl y was a rape.
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Nov 7, 2014 01:56
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blarzgh posted:I can't believe there is a discussion about $13.00. This is par for this thread.
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Nov 7, 2014 02:15
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euphronius posted:Do you guys think preparing copying and mailing docs is free or something. No one is making money off of the copies. I plead the fifth.
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Nov 7, 2014 02:16
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seacat posted:I read this post in the lawyer thread: http://en.wikipedia.org/wiki/Murder_of_Megan_Kanka Megan's Law, yes. Poor girl had a convicted sex offender move in down the street, who then proceeded to rape, murder, and then rape her a few more times after she was dead, and dump her body in a local park. (I was a kid at the time, but IIRC he didn't exactly hide the body either) There are some issues with the registry, like when people who get exposure cases for pissing in public, or a former coworker's brother who wound up on it for "sexual acts against a child <13 y/o" (he was 12, and knocked up his 11 year old girlfriend. Failure of parenting for sure, but not really of the same class as "rapes and murders 3 month olds") but on the whole, it does at least make parents aware that hey, you may not wanna let that creepy looking guy down the street babysit, and you may wanna make sure your kids know not to go inside his place.
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Nov 7, 2014 11:58
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AA is for Quitters posted:but on the whole, it does at least make parents aware that hey, you may not wanna let that creepy looking guy down the street babysit, and you may wanna make sure your kids know not to go inside his place. And that they may want to form a posse to do whatever they can to make that new guy really unwelcome in your neighborhood. A friend of mine had someone on the registry move into the neighborhood. The neighbors distributed flyers, held a meeting, even tried to convince my friend to open a daycare out of her house so he'd be forced to move away. Really think the Supreme Court got it wrong in Smith v. Doe where they decided it wasn't an unconstitutional ex post facto punishment because the intent theoretically wasn't punitive. Claiming it isn't punitive ignores human nature.
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Nov 7, 2014 15:11
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Sometimes, no posse is needed: http://thinkprogress.org/justice/2014/10/23/3583307/in-miami-dade-sex-offenders-are-relegated-to-outdoor-encampments/ In any case, from what I've seen, the research tends to show that 1. the recidivism rate for sex offenders is relatively low, and 2. mandatory registration laws have no effect on that rate. For example, Megan's Law was cited: quote:Megan’s Law has no effect on community tenure (i.e., time to first rearrest). Megan’s Law showed no demonstrable effect in reducing sexual re-offenses. Megan’s Law has no effect on the type of sexual re-offense or first time sexual offense (still largely child molestation/incest). Megan’s Law has no effect on reducing the number of victims involved in sexual offenses. Sentences received prior to Megan’s Law were nearly twice as long as those received after Megan’s Law was passed, but time served was approximately the same. Significantly fewer sexual offenders have been paroled after the implementation of Megan’s Law than before (this is largely due to changes in sentencing). Costs associated with the initial implementation as well as ongoing expenditures continue to grow over time. Start up costs totaled $555,565 and current costs (in 2007) totaled approximately 3.9 million dollars for the responding counties. Given the lack of demonstrated effect of Megan’s Law on sexual offenses, the growing costs may not be justifiable. https://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf Sir John Falstaff fucked around with this message at 15:38 on Nov 7, 2014 |
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Nov 7, 2014 15:28
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Edit edit: ^^^ drat, beat me to it. Was it Ft. Lauderdale that passed a law requiring people on the registry to live more than 1000ft from any school, playground, or bus stop, or something like that? The end result was that they either had to leave the city or live under a bridge that was like the one location that qualified. Edit: It was actually Miami, Ft. Lauderdale is the place that made it illegal to feed the homeless hoping that would force them to leave. Why isn't there a :florida: emoticon?
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Nov 7, 2014 15:33
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Megans Law is some of the worst bull poo poo in the USA.
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Nov 7, 2014 15:59
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Ashcans posted:Why isn't there a :florida: emoticon? 
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Nov 7, 2014 19:25
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How not to do the law, reddit edition: http://www.reddit.com/r/legaladvice/comments/2lkgbt/hoa_in_colorado_foreclosed_on_my_home_i_paid_over/ quote:I really need some help here. So if there are any law school/lawyers that read this I need to know what options I have if any. Mistakes this guy made: - Buying a house in an HOA. - Apparently not paying HOA fees for 10 years - When they foreclose on his house, instead of immediately getting a lawyer, takes some screenshots of some legal forums I guess, sends them to the HOA's lawyer to which the lawyer replies "uh gently caress you" - For some reason sends his dad to pay the back-dues instead of doing it himself? I don't know. - Asks Reddit what motions he should be filing. I think the last one is the coup de grace. Reddit is telling him to get a lawyer thank jesus. I do hope he ends up winning despite himself because well, gently caress HOAs.
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Nov 8, 2014 01:39
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If im right, this is in Texas and honestly, for a dumb poo poo, he's right about a few things. The problem is he royally hosed up everything else.
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Nov 8, 2014 02:23
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blarzgh posted:The problem is he royally hosed up everything else. gently caress up #1: living in Texas
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Nov 8, 2014 02:32
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Texas is Great.
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Nov 8, 2014 03:38
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blarzgh posted:Texas is Great. -People who live in Texas, and ONLY people who live in Texas.
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Nov 8, 2014 03:57
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Crazy reddit Co coop guy has a case?!?
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Nov 8, 2014 04:06
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blarzgh posted:Texas is Great. Especially if you're on the side of money.
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Nov 8, 2014 04:28
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blarzgh posted:If im right, this is in Texas and honestly, for a dumb poo poo, he's right about a few things. The problem is he royally hosed up everything else. He mentions being in Colorado. His big problem is thinking that the few fuckups by the hoa will somehow unwind final judgments for his unclean hands, or that a court of appeals will care about justice or something.
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Nov 8, 2014 04:31
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euphronius posted:Crazy reddit Co coop guy has a case?!? Well, he had a case on the grounds that this new breed of statute generally permits injunction against foreclosure or sometimes a statutory wrongful foreclosure claim... until he missed deadlines, failed to show up to Court, didn't file an answer, got a default against him, didn't file suit to stop the foreclosure, didn't call his mortgage company, missed the deadline to appeal, didn't talk to the HOA, and generally cherry picked a singular notion ("they didn't give me a payment plan!") and decided he would just believe in the power of that idea, and magically everything would take care of itself. He's Pro Se Jesus. Hot Dog Day #91 posted:He mentions being in Colorado. Ah. Texas passed the same thing. Edit: it went into effect, Jan 2013. blarzgh fucked around with this message at 05:30 on Nov 8, 2014 |
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Nov 8, 2014 05:22
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blarzgh posted:Well, he had a case on the grounds that this new breed of statute generally permits injunction against foreclosure or sometimes a statutory wrongful foreclosure claim... until he missed deadlines, failed to show up to Court, didn't file an answer, got a default against him, didn't file suit to stop the foreclosure, didn't call his mortgage company, missed the deadline to appeal, didn't talk to the HOA, and generally cherry picked a singular notion ("they didn't give me a payment plan!") and decided he would just believe in the power of that idea, and magically everything would take care of itself. so... you're saying he has a case?
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Nov 8, 2014 05:27
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EAT THE EGGS RICOLA posted:so... you're saying he has a case? They all do. We have a lady that comes in every 6 months or so and tells me, "We got 'im now, Blarsh!" with a new insane theory of how she's going to nail her brother-in-law to the wall. The last time it was something about how he had "the title to his mom's car in his name, but he never used that car... his SISTER DID!"
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Nov 8, 2014 05:36
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EAT THE EGGS RICOLA posted:so... you're saying he has a case? That reddit thread consists of fifty comments saying "get a lawyer" and the guy arguing that he can do it himself. Feels familiar.
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Nov 8, 2014 14:43
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Hot Dog Day #91 posted:That reddit thread consists of fifty comments saying "get a lawyer" and the guy arguing that he can do it himself.
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Nov 8, 2014 18:31
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Cruseydr posted:He also argues that he would have been paying his $30 (per year? per month? It isn't clear) HOA dues if only he had known about them, as he could totally afford the $300 a month NFL TV package. Oh and that he could have paid up at some point and been okay but decided against it because he apparently seems to be immune to good advice. His handle is ajsoprano Could not be more perfect
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Nov 10, 2014 19:44
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From a lawyers perspective, what is it like going up against an HOA? Is it always going to be some drawn out convoluted case, or do they go pretty quick? What is the win/loss rate?
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Nov 11, 2014 01:27
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SkunkDuster posted:From a lawyers perspective, what is it like going up against an HOA? Is it always going to be some drawn out convoluted case, or do they go pretty quick? What is the win/loss rate? It depends on what you're doing. I've litigated against 3/4 over the years in Texas. One suit was to enforce deed restrictions, because the board was trying to let one of the wealthier residents subdivide a lot. That one took awhile. Straight-up foreclosures are 90 days at the most. Dealing with them on rando civil matters like "oh, we need to change these park rules" or something can be a 3-6 month affair.
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Nov 11, 2014 01:35
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blarzgh posted:Dealing with them on rando civil matters like "oh, we need to change these park rules" or something can be a 3-6 month affair. How does something like that even end up in litigation? Is it good for a lawyer when something takes that long?
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Nov 11, 2014 01:51
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SkunkDuster posted:How does something like that even end up in litigation? Is it good for a lawyer when something takes that long? I use litigation to mean contention, not necessarily a lawsuit. And obviously, anything that takes a long time and a lot of billable hours is good for a lawyer.
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Nov 11, 2014 02:15
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I split up with my common law 2 months ago. I agreed to let her have all my furniture in exange of 500$ because I felt pity for leaving her behind and with Financial problems. As of today 2 months later, things got out of hand. She got a boyfriend 10 days after the break up and he is living with her as we speak, pretty much using everything I own. We made a verbal deal and shook hands on it prior to knowing about the boyfriend. I still didnt get the money. My question is, can I send her a notice asking to be paid within the next 2 weeks or else I will reclaim ownership of my things and go pick them up? I live in Alberta Canada. (Edit) I should mention that I left for well over 4000$ Worth of furnitures appliances and pretty much everything I house need. Frog 1.0 fucked around with this message at 03:05 on Nov 11, 2014 |
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Nov 11, 2014 03:00
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Frog 1.0 posted:I split up with my common law 2 months ago. I agreed to let her have all my furniture in exange of 500$ because I felt pity for leaving her behind and with Financial problems. Why do you think she was your common law wife?
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Nov 11, 2014 03:06
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blarzgh posted:Why do you think she was your common law wife? We signed paper stating we were common law, but that's with the military. I have no idea if those papers are worth anything on the civilian side.
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Nov 11, 2014 03:13
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Frog 1.0 posted:We signed paper stating we were common law, but that's with the military. I have no idea if those papers are worth anything on the civilian side. How long were you together? Kids? From this page: http://www.slsedmonton.com/family/common-law-relationships/ quote:The Matrimonial Property Act, the provincial law which governs the division of property of married people does not apply to common-law partners. I'm not a lawyer I just like googling things
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Nov 11, 2014 03:17
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Frog 1.0 posted:We signed paper stating we were common law, but that's with the military. I have no idea if those papers are worth anything on the civilian side. You probably have a more complicated issue than just, "can I send a letter." I mean, nothing is stopping you from sending it, but if you were married for legal purposes, you don't have a simple breach of contract situation.
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Nov 11, 2014 03:18
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Frog 1.0 posted:My question is, can I send her a notice asking to be paid within the next 2 weeks or else I will reclaim ownership of my things and go pick them up? Sure, you can do that. It will have zero effect. But you can do it. She's not paying you, and she's keeping the stuff if she can get away with it. You're not in the "write a stern letter" phase of the relationship, you're in the "go grab my stuff in a way that doesn't get the police called" phase.
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Nov 11, 2014 03:18
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Devor posted:How long were you together? Kids? No kids, 6 years. She basically called the cop on me last night when I tried to talk to her and her boyfriend. It trully is not about the money, and I really don't care if she's allowed to have some of my stuff or not since we lived together for 6 years. She's gonna have to fight for it and she most likely won't. They are making 150k a year together(all military) Edit: Thank you for that link, it resume well what I wanted to see. Basically I can reclaim all my belongings without having any issues. So I guess my last question is that a verbal deal as no legal value what so ever? Frog 1.0 fucked around with this message at 03:29 on Nov 11, 2014 |
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Nov 11, 2014 03:22
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It does if you can prove it happened and what the terms were. The best way to do that, of course, is to write down the terms and have both parties sign the document. You're about to take on a heap of trouble for $500.
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Nov 11, 2014 05:15
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If the total contested property is $500 or the furniture equivalent thereof, that's an extremely cheap divorce.
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Nov 11, 2014 05:20
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Legal value is sort of squirrelly. Yes, it had some value. Yes, the contact is valid and enforceable (in most of the states). It can be the cornerstone of your lawsuit. In the us, suing an individual for 500 is worthless, because the judgment is likely unenforceable, and the cost/benefit analysis is way in favor of dropping it. Ultimately, in cases like this, there is nothing to be done. Cops dont enforce contracts; courts will take too long, cost too much, and get you a piece of paper that days you win! A large number of my clients think that law and justice in civil courts is a thing that exists. It really isn't 99% of the time. As we often say in this thread, figure it out civilly and hope she's not an rear end in a top hat. Otherwise, probably best to move on. I'm sorry you're likely to lose money and property. Please don't get arrested getting anything back. Also, maybe Canada is different?
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Nov 11, 2014 14:37
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Frog 1.0 posted:No kids, 6 years. IANAL but i'm going to spell out what they're saying real blunt like. This is not worth the contest. They're not going to pay or give up the items without a fight. Either take them to small claims court or chalk it up as a $500 mistake not to get involved with crazy bitches.
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Nov 11, 2014 14:39
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Sever.
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Nov 11, 2014 14:46
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