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Hot Dog Day #91
Jun 19, 2003

Hot Dog Day #91 posted:

Law thread success!

Seriously though don't lie on any of those forms, don't allow over night guests, don't violate the pet policies, pay your rent and report your income. The benefits at a number of subsidized housing properties can be yanked way too easily and way too fast. Losing a cheap apartment because your roommate let his sister's cat move in for a week is surely something awful.

Oh and I looked up anticipate in my law dictionary. Nothing special there.

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posh spaz
Jul 25, 2014

Hot Dog Day #91 posted:

Law thread success!

Seriously though don't lie on any of those forms, don't allow over night guests, don't violate the pet policies, pay your rent and report your income. The benefits at a number of subsidized housing properties can be yanked way too easily and way too fast. Losing a cheap apartment because your roommate let his sister's cat move in for a week is surely something awful.

Thanks. That's good to know. I didn't lie on any of the forms. My income is truthfully zero, and will be zero for the foreseeable future. I hope it won't be zero forever, but I have nothing factual to base that on. I have enough in my emergency fund to live off for more than the run of the lease, so I shouldn't have any problem paying rent either.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

posh spaz posted:

Thanks. That's good to know. I didn't lie on any of the forms. My income is truthfully zero, and will be zero for the foreseeable future. I hope it won't be zero forever, but I have nothing factual to base that on. I have enough in my emergency fund to live off for more than the run of the lease, so I shouldn't have any problem paying rent either.

Good luck, don't gently caress up!





But tell us about it if you do.

Dr Jankenstein
Aug 6, 2009

Hold the newsreader's nose squarely, waiter, or friendly milk will countermand my trousers.
Hey, with the employment law thing, anyone know resources that are not the bar referral service to find an employment attorney? My usual "find an attorney for X" thing has always been "either ask another attorney" or "use the bar referral service" but...there's a whopping 2 employment attorneys in my half of the state listed with the referral service, both of whom don't have the time or resources to handle something that the DoL told me to lawyer up for. (especially because there's likely going to be 4-5 of us as co-defendants against the employer. At least 3, and we were hoping to all use the same attorney because its...easier, and I'm the most organized out of all of us and the one that is most comfortable talking to lawyers, so its been tasked to me to find someone to rep us).

I'm assuming there's more than two employment lawyers in town, but how does one find these elusive creatures? We all know criminal and family law attorneys, but all of our attorneys just went "yeah, dunno anyone who does employment."

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

1) Google "Lawyer Employment Law"

2) Meet with an attorney who practices "administrative law" and see if they can handle your situation.

3) Meet with a general Civil Litigation attorney and see if they can handle your situation.



P.S.

Red Flag #1 -

AA is for Quitters posted:

both of whom don't have the time or resources to handle something that the DoL told me to lawyer up for.

Red Flag #2 -

AA is for Quitters posted:

(especially because there's likely going to be 4-5 of us as co-defendants against the employer. At least 3, and we were hoping to all use the same attorney because its...easier,

Red Flag #3 -

AA is for Quitters posted:

and I'm the most organized out of all of us

Kalman
Jan 17, 2010

AA is for Quitters posted:

Hey, with the employment law thing, anyone know resources that are not the bar referral service to find an employment attorney? My usual "find an attorney for X" thing has always been "either ask another attorney" or "use the bar referral service" but...there's a whopping 2 employment attorneys in my half of the state listed with the referral service, both of whom don't have the time or resources to handle something that the DoL told me to lawyer up for. (especially because there's likely going to be 4-5 of us as co-defendants against the employer. At least 3, and we were hoping to all use the same attorney because its...easier, and I'm the most organized out of all of us and the one that is most comfortable talking to lawyers, so its been tasked to me to find someone to rep us).

Did you consider asking these two lawyers that you talked to who THEY would recommend, since they can't take your case?

Dr Jankenstein
Aug 6, 2009

Hold the newsreader's nose squarely, waiter, or friendly milk will countermand my trousers.
Yeah, its a giant mess, but the employer owes nearly 6 figures of unpaid wages between all the employees he hosed over and is now pulling some seriously shady poo poo to try and avoid paying it including threatening former employees (which was why the DoL said to lawyer up - the unpaid wages part they can deal with without an attorney, but the fact that he's making all kinds of threats against anyone who's gone to the DoL is why they're suggesting I have a lawyer) I'd be happy to just go to the DoL, submit my unpaid wages claim, and let them deal with it, but since the guy is not exactly acting rationally and has been bragging about dragging the one former employee who happened to go the DoL route through the coals I definitely want an attorney on my side to deal with this bullshit.

If the guy goes out of business, is it even worth pursuing an unpaid wages claim, if there's nothing that they can get the wages from? I mean the guy owes nearly 7 figures not counting unpaid wages between taxes, state fees that he hasn't paid, rent in arrears, etc. I mean, I'd like the money he owes me, but at the same time, if they can't get him for it, what's the point? I'm assuming that liquidating the assets of the company are going to pay out things like the 6 figures of back taxes he owes before unpaid wages, right? He refuses to file for bankruptcy with the company, and he's letting all the debt collectors just sue him to collect, so there's a bunch of judgments against him now, and with the company not making any money and his dumb rear end entangling all of his business and personal debt together he has no personal assets, and the company isn't worth the amount of debts he has. (I don't think the company is even worth how much he owes the IRS).

Honestly, if it wasn't for me being involved, dude would be a hilarious case study of "how not to run a business" and a checklist of "questionably legal poo poo" including all kinds of bank fraud, tax fraud, outright lying as to reasons he's terminated employees...and he's one of those freemen on the land types, and insists that he's the one legally right, and has generally gotten by with the DoL and everything from bullying employees into not going.

Google just turns up a bunch of results for findlaw.com, or attorneys that are all for representing the employer not the employees. Like I said, if it was just the unpaid wages, i'd submit the paperwork to the DoL and go on my merry way with another job until I heard back from the DoL. But this guy is a bit unstable, and if he's threatening former employees then i definitely want someone who knows the law and knows how many ways this guy is breaking it on my side. As to the two on the bar referral sheet - The one I spoke to suggested Lawyer #2, lawyer #2 keeps giving the runaround about getting a consult, every time I try to schedule an appointment they wind up changing it on me.

posh spaz
Jul 25, 2014

AA is for Quitters posted:

But this guy is a bit unstable, and if he's threatening former employees then i definitely want someone who knows the law and knows how many ways this guy is breaking it on my side.

IANAL, but if he's threatening people, isn't that something for the cops to deal with?

Bad Munki
Nov 4, 2008

We're all mad here.


posh spaz posted:

IANAL, but if he's threatening people, isn't that something for the cops to deal with?

If he's a freeman as claimed, the police have no authority over him because he declines their laws. :v:

posh spaz
Jul 25, 2014

Bad Munki posted:

If he's a freeman as claimed, the police have no authority over him because he declines their laws. :v:

They may have no authority, but they can still raid his compound and shoot all his wives. No one is above the Law of the Jungle.

Bad Munki
Nov 4, 2008

We're all mad here.


No, he declines their laws! Does not compute!

Brennanite
Feb 14, 2009
IANAL, but you could always try my grandfather's rule of picking the lawyer in town with the nicest car. You know it was successful because he never was convicted of a felony! Just many, many misdemeanors.

(This probably works best in rural areas.)

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

I don't think you need a Labor/Employment Attorney for anything other than the unpaid wages claim, I think you need a regular civil litigation attorney. I also think you are going to have a hard time finding one who will take your case.

Your facts sound like, "Group of non-wealthy persons wants to sue soon-to-be-bankrupt company."

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Honestly 'I don't have the time/resources to handle your case' sounds like a polite way of saying 'This sounds like a hot mess and I want no part of it'.

fordan
Mar 9, 2009

Clue: Zero

blarzgh posted:

I don't think you need a Labor/Employment Attorney for anything other than the unpaid wages claim, I think you need a regular civil litigation attorney. I also think you are going to have a hard time finding one who will take your case.

Your facts sound like, "Group of non-wealthy persons wants to sue soon-to-be-bankrupt company."

If the DOL is supposed to be taking care of getting the unpaid wages still not seeing what a lawyer is going to help with before said crackpot boss actually does anything. Might that be the answer to why no lawyer is interested?

And AA will probably be better off if the company goes under. He's then dealing with the bankruptcy trustee and not the boss and if there actually are any unsecured assets to liquidate he'll be near the front of the line (right behind the bankruptcy lawyer, of course).

Dr Jankenstein
Aug 6, 2009

Hold the newsreader's nose squarely, waiter, or friendly milk will countermand my trousers.

Ashcans posted:

Honestly 'I don't have the time/resources to handle your case' sounds like a polite way of saying 'This sounds like a hot mess and I want no part of it'.

Well, there's that too.

This is not the employers first rodeo with the DoL, and he learned that by making his paperwork as hard to follow as possible, paying cash here and there to employees etc, it becomes very very hard to track exactly how much he owes them. I have in writing how much he owes me cause I kept track of that poo poo. the other two, however, do not, and he's tried to claim that the bank fraud he was trying to get employees to commit was "paying" them, etc. It is a hot mess, and I willingly accept that, but if dude's going to go nuts and threaten me for going to the DoL, I wanna make sure I'm doing everything I can as by-the-book as possible.

E: and the employer refuses to file for bankruptcy. He's being sued by the landlord, the IRS, the cable provider, the electric company, etc, for not paying any of his obligations, but refusing to file for bankruptcy. The original plan that I had agreed to verbally was wait for him to go under, then go to the DoL after he went under since it would come out of the proceeds from liquidation. However, he's now decided against that plan, refusing to go out of business, refusing to file for bankruptcy, and refusing to liquidate. So the landlord is about to lock him out of the office, but if commercial is anything like personal leases, isnt the landlord then obligated to hold on to his stuff for 30 days or something before he can sell it? so that's another month+ before any assets the business had could be cashed out.

Then there's the problem of the asssets not covering the costs of everything he owes. if we're going to be at the top of the list after any attorneys though, it's worth it, but it's not worth it if the money's going to go to the IRS, to the landlord, and to all the other creditors first.

Dr Jankenstein fucked around with this message at 22:06 on Dec 4, 2014

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

fordan posted:

If the DOL is supposed to be taking care of getting the unpaid wages still not seeing what a lawyer is going to help with before said crackpot boss actually does anything. Might that be the answer to why no lawyer is interested?

A lawyer can be surprisingly helpful in administrative law cases, like a Department of Labor wage claim. Typically such claims are little teensy weensy trial things, where the aggrieved fills out a form explaining their situation (like a petition in a lawsuit), and the the DoL or whoever notifies the other party (like service of process), who has the opportunity to submit their evidence (like asserting a defense) and then there is an in-person or telephonic hearing on all the evidence, (like a trial) in front of an administrative law judge (like a.. wait?).

The real issue I'm seeing with his situation is that his wage claim is really just the icing on a giant dog-poo poo cake, and he's having trouble finding a lawyer who wants to take a bite. It seems the underlying issues are big, messy, don't yield much in the way of damages, and the bad actor is basically insolvent.

Plus, people who are having wage disputes probably aren't the wealthiest, so you have a group of people, who can't afford to pay you to file a huge lawsuit against someone for very little damages, that the defendant wouldn't be able to pay anyways.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

If you had the money to fund it, most states, I would think, have statutes that permit you to sue to wind up a company, involuntarily, to satisfy its debts; like a forced bankruptcy. Texas and Oklahoma certainly do. You may also look for advice on whether to file a report with the Secretary of State about the company, and whether you should consider that before or after your wage claim is finalized.


Edit: the more I read about your situation, the more I think you need a civil lit attorney. PM me with deets about your jurisdiction, and I'll look around there for some suggestions.

Dr Jankenstein
Aug 6, 2009

Hold the newsreader's nose squarely, waiter, or friendly milk will countermand my trousers.

blarzgh posted:


The real issue I'm seeing with his situation is that his wage claim is really just the icing on a giant dog-poo poo cake, and he's having trouble finding a lawyer who wants to take a bite. It seems the underlying issues are big, messy, don't yield much in the way of damages, and the bad actor is basically insolvent.


Yeah, this is the core of the issue, and I really don't blame an attorney for wanting no part in it because it is only going to be a few grand for them for hours of loving work on their part, against a guy who is proving that he has no problems going and toeing the line of libel/slander and relying on the fact that he hires a lot of ex-cons and the like to prevent them from suing him, and bullies/threatens his way into preventing law suits. He also swears that his bank fraud isn't bank fraud but a "creative use of bank rules" (he's currently barely staying afloat via check kiting. Which AFAIK is one of those things where banks don't usually prosecute if you're not doing it with the intent of ripping off the bank, but is still fraud) and that by roping employees into cashing the kited checks he's claiming he's "paid" them when a quick glance at his bank records will reveal that he will write a $950 check to 2-3 employees, and then those 2-3 employees don't have anything in their accounts, but surprise surprise, one of the other business accounts now has another $2700 in it. But to get to that you'd first need to subpoena the records, and then get a forensic accountant to look at them, etc...it's just a hilarious amount of money needed to prove that yes, you were an accomplice to fraud, not that he was paying you, and since most of the people he ropes into this mess are ex-cons on probation, he gets to hold that over their head if they try and go after him.

But still, I told my friends I'd try to find us an attorney, I'm going to try. I don't have PMs, but this is all in Sioux Falls, SD, you can email me at jmparon at gmail dot com if you know anyone willing to touch this mess. I don't blame anyone for not, just because there are so many loving issues, but I would like my unpaid wages, my coworkers would like their unpaid wages, and he's doing everything in his power to avoid having to pay out his employees. If it was a simple as just filing with the DoL, believe me, we'd all have already done that, but given that one former employee tried that, and then has been dealing with the headache of a crazy guy telling everyone that has called for a reference that he fired them for a drug problem (they're hilariously straight edge) and calling their landlord and saying the same etc, we're a bit wary of going to the DoL without having someone on our side to protect us from that. I don't blame someone for not wanting to take it, but if I can find someone, I'd gladly shell out 3-4 grand to save myself the headaches involved with dealing with this guy.

Xibanya
Sep 17, 2012




Clever Betty
I'm in Texas. I forgot to pay my December 1 rent (the first time I have paid rent late since moving here in July) and I came home from work today to see a notice clipped to my door saying the apartment is taking possession of the apartment unconditionally and I must vacate by December 7th (Sunday.) I'm going to try to talk to someone about it and hopefully they'll be like "lol we just wanted to scare you into paying your rent" but it's crazy that I'm apparently being evicted. If they really are serious about kicking me out in two days, do I have any recourse?

EDIT:
I did some research and apparently it's totally legal for them to evict me without even giving the option to pay the rent. Am I boned?

Also the notice says they gave it to me in person but they totally pinned it to my door.

Xibanya fucked around with this message at 02:45 on Dec 5, 2014

seacat
Dec 9, 2006

Xibanya posted:

I'm in Texas. I forgot to pay my December 1 rent (the first time I have paid rent late since moving here in July) and I came home from work today to see a notice clipped to my door saying the apartment is taking possession of the apartment unconditionally and I must vacate by December 7th (Sunday.) I'm going to try to talk to someone about it and hopefully they'll be like "lol we just wanted to scare you into paying your rent" but it's crazy that I'm apparently being evicted. If they really are serious about kicking me out in two days, do I have any recourse?

EDIT:
I did some research and apparently it's totally legal for them to evict me without even giving the option to pay the rent. Am I boned?

Also the notice says they gave it to me in person but they totally pinned it to my door.

IANAL but I've rented in Texas for like a decade at 10+ different apartment complexes. Don't freak out. Just go talk to management in the morning and tell them what happened. You will have to pay late fees according to whatever the lease says. It's a pain in the rear end to evict people. They'd rather have the money.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Try these, in this order. Tell them you have a civil matter against your former employer, also a pending claim for lost wages, and you'd like to set up a consultation. If at the end of the consult, they tell you they can't help you, ask them to point you in the right direction of another law firm, or a State Agency, like the Secretary of State who can.

http://www.zdclaw.com/
http://rblakelaw.com/
http://alvineandkinglaw.com/
http://janklowlaw.com/

Understand, the odds are that you don't have alot of damages beyond your wage claim. It wont be surprising if many of your perceived wrongs are simply not actionable. Good luck.

Hot Dog Day #91
Jun 19, 2003

Xibanya posted:

I'm in Texas. I forgot to pay my December 1 rent (the first time I have paid rent late since moving here in July) and I came home from work today to see a notice clipped to my door saying the apartment is taking possession of the apartment unconditionally and I must vacate by December 7th (Sunday.) I'm going to try to talk to someone about it and hopefully they'll be like "lol we just wanted to scare you into paying your rent" but it's crazy that I'm apparently being evicted. If they really are serious about kicking me out in two days, do I have any recourse?

EDIT:
I did some research and apparently it's totally legal for them to evict me without even giving the option to pay the rent. Am I boned?

Also the notice says they gave it to me in person but they totally pinned it to my door.

Yes, they're serious. Yes, they will win. Any other defense you have (like pinning it to the door instead of giving it to you. Law requires notice to be hand delivered, mailed, or affixed to the inside of the main entry door) is at best a delay tactic; they can and will refile. Failing to pay rent is a material breach of a lease in Texas. They can have a hearing and have you forcibly removed by Christmas. They don't have to give you a chance to cure unless your lease requires it (and assuming it's a taa lease, it doesn't).

You absolutely need to go into the office first thing tomorrow and hand then the money they are owed. They will want a late fee. Pay it. I've tried well over a hundred evictions in Texas. There is almost nothing to be done in most non payment cases but to pay or to prepare to move.

They can't lock you out, but that doesn't mean they won't do it (it's illegal, but you have to go to court to cure it). PM me if you have more questions.

Kalman
Jan 17, 2010

That said, they'd probably rather have their money and not have to hunt down a new tenant than evict you. So if you go offer to pay immediately and apologize and pay the late fee and generally act sorry (which you seem to be!) it should be okay.

Xibanya
Sep 17, 2012




Clever Betty
Thanks guys, I went this morning dressed all white-collar-y and groveled and they waived the 2nd day late fee and said more or less "lol we just wanted to scare you into paying your rent!" Scary to think though that they could have had me out on my rear end in 48 hours if they wanted to.

I dread to imagine what would have happened if the neighborhood I live in now went the way of my insanely fast-gentrifying last neighborhood and they wanted to throw me out to get those sweet sweet gentrification rent dollars.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Xibanya posted:

Thanks guys, I went this morning dressed all white-collar-y and groveled and they waived the 2nd day late fee and said more or less "lol we just wanted to scare you into paying your rent!" Scary to think though that they could have had me out on my rear end in 48 hours if they wanted to.

I dread to imagine what would have happened if the neighborhood I live in now went the way of my insanely fast-gentrifying last neighborhood and they wanted to throw me out to get those sweet sweet gentrification rent dollars.

Nice job.

Hot Dog Day #91
Jun 19, 2003

blarzgh posted:

Nice job.

I'm putting this one in my results sheet.

BgRdMchne
Oct 31, 2011

Xibanya posted:

I'm in Texas. I forgot to pay my December 1 rent (the first time I have paid rent late since moving here in July) and I came home from work today to see a notice clipped to my door saying the apartment is taking possession of the apartment unconditionally and I must vacate by December 7th (Sunday.) I'm going to try to talk to someone about it and hopefully they'll be like "lol we just wanted to scare you into paying your rent" but it's crazy that I'm apparently being evicted. If they really are serious about kicking me out in two days, do I have any recourse?

EDIT:
I did some research and apparently it's totally legal for them to evict me without even giving the option to pay the rent. Am I boned?

Also the notice says they gave it to me in person but they totally pinned it to my door.

Oh poo poo! Thanks for the reminder. I almost forgot to pay mine due today.

George Sex - REAL
Dec 1, 2005

Bisssssssexual
I recently purchased an extended service contract on my Dell laptop for three years. Cut to a month later, me on the phone with Dell tech support and them telling me that they never had the parts to service my computer, that the warranty was sold in error. My only recourse, to be refunded my warranty.

This seems fishy to me on the premise that most warranties are never called in. How many other people have purchased warranties like this and how many will never find out? How much is Dell making from this? Is this poo poo legal?

Bad Munki
Nov 4, 2008

We're all mad here.


Well, maybe they're making these calls to avoid a class action or something, but if so, awesome, you'll get way more money out of being refunded your warranty than you would from a class action suit, so...cool?

e: Oh, I think I mis-interpreted that, they didn't call you, but instead you were on the phone with them because you were trying to get some poo poo fixed? In which case, wow, that's bullshit. At least you'll get the money back, although maybe the lack of availability for an extended warranty would have changed your purchasing decision. Anyhow, I'd say it's sufficiently legal up until someone files suit, at which point, it's still legal enough because they'll just settle for a pittance.

Bad Munki fucked around with this message at 01:41 on Dec 9, 2014

Ham Equity
Apr 16, 2013

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

Dorkopotamis posted:

I recently purchased an extended service contract on my Dell laptop for three years. Cut to a month later, me on the phone with Dell tech support and them telling me that they never had the parts to service my computer, that the warranty was sold in error. My only recourse, to be refunded my warranty.

This seems fishy to me on the premise that most warranties are never called in. How many other people have purchased warranties like this and how many will never find out? How much is Dell making from this? Is this poo poo legal?

IANAL, but it seems to me if they sold you a warranty that they're now trying to worm their way out of because they "don't have the parts..." They owe you a new, comparable laptop, or a full refund (i.e. price of the laptop + warranty)?

I cannot imagine that even with the retarded consumer protection laws we have in this country they would allow someone to get away with "oh, we totally didn't mean to sell you that warranty, please take back your broken computer and the warranty money." Call back and ask for a supervisor, maybe? Do the polite, insistent thing. "Thank you and you've been very helpful, but if all you can offer me is a refund for my warranty, I'd like to speak to your supervisor, please." Repeat until you reach someone helpful.

Ham Equity fucked around with this message at 01:47 on Dec 9, 2014

George Sex - REAL
Dec 1, 2005

Bisssssssexual

Bad Munki posted:

e: Oh, I think I mis-interpreted that, they didn't call you, but instead you were on the phone with them because you were trying to get some poo poo fixed? In which case, wow, that's bullshit. At least you'll get the money back, although maybe the lack of availability for an extended warranty would have changed your purchasing decision. Anyhow, I'd say it's sufficiently legal up until someone files suit, at which point, it's still legal enough because they'll just settle for a pittance.

Yeah, this one.

ROFLburger
Jan 12, 2006

Not sure if this is the most appropriate place for this question, but I think it might be...

On July 22nd I was cited for driving my car with it's suspended registration. Suspended because my insurance company failed to provide the MVD with proof of insurance on whatever interval they do that, I don't know how that really works. After being cited, I provided a proof to the DMV that I did indeed have insurance, and my suspension was lifted and the DMV person gave me an official letter saying "its all good, he never had a lapse in insurance".

My citation had me marked down for a mandated court appearance date on august 12th. I didn't go to that because I'm an irresponsible idiot. A default judgement was rendered and evidently I was supposed to pay 600 dollar fee within 30 days. This is where I'm having a problem. I received a letter on November 25th from a collection agency for an unpaid debt of 725 dollars (original fee + collection agency fluff). A week later I receive a "notice of default judgement" letter from the county noting what the judgement was, how much I owe, and who to pay. This was weird to me - why do I owe two parties for the same debt? Why am i getting the default judgement letter 3 months after the default judgement?

I went down to the court house and asked why I wasn't given a written notice of default judgement Immediately after the judgement was made. The clerk told me they had a 'glitch' in their computer systems where the judgement letters were never sent and that I owe the collection agency now. I argued that I was never given a proper written notice of a debt to pay when the judgement was rendered, so how can I owe a collection agency, and have a tarnished credit report when it was their failure to provide me with said notice? They told me that simply signing the citation that the officer served me on the 22nd of July "is your written notice". While the citation does note that a default judgement will be rendered if I fail to appear, there is no mention anywhere of who I will have to pay, how to pay, and how much exactly. The clerk suggested I file a "civil traffic" motion, but would not advise me on what to say or what to even ask for.

So I guess I have a few questions for you guys.
1 - Am I legally entitled to a notice of default judgement, giving me an opportunity to pay the original fine?
2 - What recourse do I have here? Having received the notice of default judgement, I just want to pay the original fine within 30 days, like it says on the loving letter, without paying the collection agency and tarnishing my credit and paying and extra 150 dollars. How can I articulate this in a motion to the court?

Anyone have any advice?


gently caress it, I paid it

ROFLburger fucked around with this message at 05:17 on Dec 9, 2014

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

Dorkopotamis posted:

I recently purchased an extended service contract on my Dell laptop for three years. Cut to a month later, me on the phone with Dell tech support and them telling me that they never had the parts to service my computer, that the warranty was sold in error. My only recourse, to be refunded my warranty.

This seems fishy to me on the premise that most warranties are never called in. How many other people have purchased warranties like this and how many will never find out? How much is Dell making from this? Is this poo poo legal?

Did you purchase a new laptop and extended warranty at the same time a month ago? Or did you already own the laptop and just purchased an extended warranty a month ago?

George Sex - REAL
Dec 1, 2005

Bisssssssexual

dvgrhl posted:

Did you purchase a new laptop and extended warranty at the same time a month ago? Or did you already own the laptop and just purchased an extended warranty a month ago?

I've owned the laptop for three years and purchased the extended warranty last month.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat
So, to answer the question you asked, it wouldn't be legal for Dell to sell warranties that they cannot honor.

To answer the question I think you might want really want the answer to, I don't think you can force Dell to honor the full terms of the warranty. You certainly are entitled to a refund if they won't, and it doesn't seem like they have any problem doing just that. What that leaves then is the matter of the broken laptop. Should Dell cover the repair of the laptop? That answer might cost more than the repair job to find out.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
Not legal advice, but when this happened to me with a Lenovo Thinkpad, I got a free upgrade.
That's probably more computer advice than contract advice though.

Sub Harrison
May 2, 2013

I'm moving out of my apartment this month and I've received a list of things Thursday that I need to have cleaned before I move out to get my damage deposit back. Most of the stuff is normal, but also listed is I must have my carpet cleaned and shampooed professionally (I received this letter last week). This cleaning document says "All carpets must be professionally steamed cleaned to avoid charges you must present a receipt". The charge for not having this professional cleaning done is $100.

The tenancy agreement I signed says for my security deposit the landlord may deduct "cleaning required at the end of the tenancy to ensure the premises are ready to be re-rented". The tenancy act in my province however says in its handbook that damage deposits cannot be used for "professional shampooing of rugs, when there were no foreign materials".

Do I have a case here? I feel I'm getting scammed hard.

MonkeyBot
Mar 11, 2005

OMG ITZ MONKEYBOT

Sub Harrison posted:

I'm moving out of my apartment this month and I've received a list of things Thursday that I need to have cleaned before I move out to get my damage deposit back. Most of the stuff is normal, but also listed is I must have my carpet cleaned and shampooed professionally (I received this letter last week). This cleaning document says "All carpets must be professionally steamed cleaned to avoid charges you must present a receipt". The charge for not having this professional cleaning done is $100.

The tenancy agreement I signed says for my security deposit the landlord may deduct "cleaning required at the end of the tenancy to ensure the premises are ready to be re-rented". The tenancy act in my province however says in its handbook that damage deposits cannot be used for "professional shampooing of rugs, when there were no foreign materials".

Do I have a case here? I feel I'm getting scammed hard.

Not a lawyer but that's been a condition for move out of every apartment I've ever lived in. Which is 6 total in Minnesota and Ohio. Which is cheaper, the professional cleaning or the $100? Make your decision.

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Sub Harrison
May 2, 2013

MonkeyBot posted:

Not a lawyer but that's been a condition for move out of every apartment I've ever lived in. Which is 6 total in Minnesota and Ohio. Which is cheaper, the professional cleaning or the $100? Make your decision.

Did your tenant agreement mention it or is this something you only get the month you're moving?

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