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So this thing with the Rowan County clerk, she's going before a federal judge 11AM Thursday. I don't know how this sort of thing normally works, is the press going to be able to get video of her being informed of how much poo poo she's in? Or at least a transcript?
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Sep 2, 2015 03:25
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Bad Munki posted:So this thing with the Rowan County clerk, she's going before a federal judge 11AM Thursday. I don't know how this sort of thing normally works, is the press going to be able to get video of her being informed of how much poo poo she's in? Or at least a transcript? The feds don't let the press do lawtainment broadcasts. I'm sure there will be a transcript made, but not in the same news cycle.
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Sep 2, 2015 05:01
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Cross posting from the credit thread. So in two days I have court for a credit card debt. We got behind in payments for awhile, got a bitchy letter from a lawyer saying they were going to sue us, so I made some payments, got it back on track and thought everything was just fine until I started getting junk mail from lawyers offering to defend me in my upcoming case and/or help me declare bankruptcy (neither of which is something I'm going to do, it's only for about $1900, probably not worth hiring a lawyer for). Awhile later I got a summons for court. The weird thing is that the bank/credit card people are acting like everything is normal and have been accepting my payments. That being the case, I'm seriously tempted to just pay the remainder off tomorrow. If I do this and they process the payment, is there any chance they'll drop the suit?
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Sep 2, 2015 06:19
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flowinprose posted:Your posts reminded me of this Abbott & Costello routine: "7 * 13 = 28" https://www.youtube.com/watch?v=xkbQDEXJy2k THIS IS HOW THEY TAUGHT MATH WHEN WE WEAR KIDS THANKS TO THE NEW OBAMA MATH OUR KID'S DONT EVEN KNOW THAT 7 X 13 IS 28 LIKE AND SHARE IF U AGREE
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Sep 2, 2015 10:21
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Stabby_McBitchslap posted:Cross posting from the credit thread. So in two days I have court for a credit card debt. We got behind in payments for awhile, got a bitchy letter from a lawyer saying they were going to sue us, so I made some payments, got it back on track and thought everything was just fine until I started getting junk mail from lawyers offering to defend me in my upcoming case and/or help me declare bankruptcy (neither of which is something I'm going to do, it's only for about $1900, probably not worth hiring a lawyer for). Awhile later I got a summons for court. The weird thing is that the bank/credit card people are acting like everything is normal and have been accepting my payments. That being the case, I'm seriously tempted to just pay the remainder off tomorrow. If I do this and they process the payment, is there any chance they'll drop the suit? No, because your debt was most likely sold to collections. You actually may have a really good claim against someone here (depending on the true facts of this case) and it's probably worth contacting a lawyer who does debt defense/FDCPA claims. I'd seriously not pay another dime because something is hosed up in someone's computer. Remember that humans don't look at any of this poo poo - it's all automated and you've fallen into some Kafkaesque hole - assuming the facts are as presented. At worst, a lawyer can help advise you better and make sure you don't pay extra money. I'd recommend contacting one.
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Sep 2, 2015 11:24
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Also in some states and in some cases of you lose on a claim you don't just owe the debt they say you owe but also the costs of the suit and attorney's fees. That depends on a lot and may not be the case in your case.
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Sep 2, 2015 13:33
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joat mon posted:The feds don't let the press do lawtainment broadcasts. I'm sure there will be a transcript made, but not in the same news cycle. Booooooo. 
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Sep 2, 2015 13:51
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This isn't a legal question, but: gently caress dealing with out of state process servers. Dealing with these jackasses is The Worst.
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Sep 2, 2015 18:11
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What happens if two people agree on the terms of a contract in advance, then when they meet up to sign it the one who brings the actual papers has changed the terms, and the other guy just signs it presuming it to be the earlier agreed upon terms. Can the other guy get out of it by arguing that he was tricked or is he hosed?
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Sep 2, 2015 22:04
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Syncopated posted:What happens if two people agree on the terms of a contract in advance, then when they meet up to sign it the one who brings the actual papers has changed the terms, and the other guy just signs it presuming it to be the earlier agreed upon terms. Can the other guy get out of it by arguing that he was tricked or is he hosed? Uh, in theory, but guy no 2 has a pretty big mountain to climb explaining why he didn't read what he signed.
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Sep 2, 2015 22:16
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Syncopated posted:What happens if two people agree on the terms of a contract in advance, then when they meet up to sign it the one who brings the actual papers has changed the terms, and the other guy just signs it presuming it to be the earlier agreed upon terms. Can the other guy get out of it by arguing that he was tricked or is he hosed? most likely hosed. This is why you read the contract.
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Sep 3, 2015 00:16
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Syncopated posted:What happens if two people agree on the terms of a contract in advance, then when they meet up to sign it the one who brings the actual papers has changed the terms, and the other guy just signs it presuming it to be the earlier agreed upon terms. Can the other guy get out of it by arguing that he was tricked or is he hosed? A contract will often say something along the lines of "the terms of this contract supersede any previous agreements between us" precisely to prevent situations like that. Read what you're signing.
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Sep 3, 2015 04:16
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Thuryl posted:A contract will often say something along the lines of "the terms of this contract supersede any previous agreements between us" precisely to prevent situations like that. Read what you're signing. Also clauses against parole evidence so you can't even bring up what you thought you agreed to prior.
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Sep 3, 2015 04:31
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There are exceptions for outright fraud though.
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Sep 3, 2015 04:56
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Judge found the clerk in contempt, remands her to custody.
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Sep 3, 2015 18:20
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xxEightxx posted:Judge found the clerk in contempt, remands her to custody. True american hero. I'm refering to the judge.
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Sep 3, 2015 18:46
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xxEightxx posted:Judge found the clerk in contempt, remands her to custody. Rand Paul predicts states and localities will opt out of the marriage business completely. As an attorney this is the best joke I've heard in a long time.
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Sep 3, 2015 18:47
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xxEightxx posted:Judge found the clerk in contempt, remands her to custody. So glad. gently caress her.
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Sep 4, 2015 03:02
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St. John Coltrane posted:Welp, never mind. Was just served by a crazy man who sounded like he was straight up going to break into my apartment. He also said that I should make sure to show up to court because 'no one's getting evicted now under Obama.' Whatever happened with this?
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Sep 4, 2015 04:03
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NancyPants posted:So glad. gently caress her. It gets better: they brought in the six deputy clerks, the judge told them to get their poo poo together or they can join her, and so five of the six said "Okay, we'll be good." The one that didn't agree to go along is--SURPRISE!--Davis' son. Don't forget, her mother was also Rowan County clerk for some number of years, so that's right, he's a THIRD GENERATION Rowan County clerk. God drat political dynasty, better watch out! But the judge said "nobody loving cares, everyone else will do your job" so he's not going in the box with momma. 
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Sep 4, 2015 04:46
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Is there a phrase for cognitive dissonance due to legal opinion?
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Sep 4, 2015 05:22
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baquerd posted:Is there a phrase for cognitive dissonance due to legal opinion? "Being poo poo-rear end wrong."
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Sep 4, 2015 06:09
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Any ca law goons know if antislapp can be invoked over small claims lawsuits?
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Sep 4, 2015 06:36
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So what happens if a judge refuses to grant your straight marriage a divorce because he's mad about the gays? Are you legally stuck with each other forever? Do you have to ask to get gay divorced? I'm uh asking for a friend. Tennessee judge denies straight couple divorce, citing gay marriage ruling quote:“With the US Supreme Court having defined what must be recognized as a marriage, it would appear that Tennessee’s judiciary must now await the decision of the US Supreme Court as to what is not a marriage, or better stated, when a marriage is no longer a marriage,” Atherton wrote in the order. I didn't think judges could actually decide not to give you a divorce in this country since like the 1950's. Is it true that in some states it's totally up to the judge whether you can leave your spouse?
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Sep 4, 2015 06:43
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VitalSigns posted:So what happens if a judge refuses to grant your straight marriage a divorce because he's mad about the gays? Are you legally stuck with each other forever? Do you have to ask to get gay divorced? I'm uh asking for a friend. Lol, gently caress the south in general. 
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Sep 4, 2015 14:35
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VitalSigns posted:I didn't think judges could actually decide not to give you a divorce in this country since like the 1950's. Is it true that in some states it's totally up to the judge whether you can leave your spouse? The "Divorce Decree" as my state calls it is a piece of paper, and a public record. You have to take that paper to the various state and federal agencies to get your status changed, blah blah blah, but the only institution of the Court is to determine whether the prerequisites for the granting of the divorce have been met, and then signing the order. The granting of the Divorce Decree is a judgment by a Court, just like any other ruling, like in a civil or criminal case. In order to qualify, the Court must first have jurisdiction [have you lived long enough in the state], the requisite time period has expired since you filed [most states its 30- 60 days], and the parties must satisfy any other prerequisites to the divorce. One of those 'prerequisites' is a finding of fact by the Court to justify a divorce. 50 years ago, a granting of a divorce required proof of: - Infidelity, or - Abuse, or - Nullity, or - Abandonment, or - Other things I don't know. If you could prove to the Court that one of these things were true, you qualified for the divorce. The judge had no power to sign the divorce without the proof of at least one of those things. Then they added - "The marriage has become insupportable because of discord or conflict." A catch-all that anyone could plead and prove just by saying it on the record, and that the other side couldn't refute. A party still had to prove that the marriage was insupportable to qualify for the divorce, but its basically administrative - its automatic. After thats proven, and the other requirements are met, the Judge has the power to sign the divorce decree. So, VitalSigns posted:So what happens if a judge refuses to grant your straight marriage a divorce 1. You appeal the denial of the divorce decree. You would go to the Court of appeals, in Tennessee in the sample case, and ask for a "Writ of Mandamus." Mandamus is latin for mandate or some poo poo, but its basically, "Lower Court, we are commanding you to do XXX. XXX in this case is 'sign the divorce decree.' 2. You could make a motion to transfer to a different Court within the district. Most populated counties have several district Courts, each with their own judges. If one is acting like a goober, ask for another. 3. You could make a motion to have the judge recuse himself, or appoint a different, visiting judge to sit in and enter judgment. Same deal. 4. In some places, you can just walk down the hall, and ask another judge to hear the prove up and sign the decree. As long as your divorce decree has a judge's signature on it, basically, its effective. We do this all the time in Texas. So the answer is once you've met all the prerequisites, there are lots of ways to get it done. As to what you can do about the Judge himself, you can ask the Court of appeals to slap his hand, but the question is do you care more about getting the decree, or proving he's an rear end in a top hat. blarzgh fucked around with this message at 17:59 on Sep 4, 2015 |
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Sep 4, 2015 17:55
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I hope I don't have to say, "this is all super general, I have no clue about Tennessee law, and this is in no way legal advice on how someone in that situation should proceed, they should absolutely talk to an attorney." but in case I do: This is all super general, I have no clue about Tennessee law, and this is in no way legal advice on how someone in that situation should proceed, they should absolutely talk to an attorney.
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Sep 4, 2015 17:57
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blarzgh posted:I hope I don't have to say, "this is all super general, I have no clue about Tennessee law, and this is in no way legal advice on how someone in that situation should proceed, they should absolutely talk to an attorney." but in case I do: Too late I got divorced in TN already based on your advice. Hope your malpractice insurance is paid up!
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Sep 4, 2015 18:05
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So along the lines of divorce, would people be able to win a case against Ashley Madison for their information being leaked? Or did Cheaters R Us have some good ironclad note in the agreement that they take no responsibility for digital security?
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Sep 4, 2015 22:46
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Cowslips Warren posted:So along the lines of divorce, would people be able to win a case against Ashley Madison for their information being leaked? Or did Cheaters R Us have some good ironclad note in the agreement that they take no responsibility for digital security? You can't hold someone else responsible for your infidelity.
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Sep 4, 2015 23:32
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You can def sue Ashleymad for negligence and it will happen.
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Sep 4, 2015 23:33
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I'm surprised we haven't seen ads for class actions yet.
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Sep 4, 2015 23:43
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the milk machine posted:I'm surprised we haven't seen ads for class actions yet.
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Sep 4, 2015 23:54
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Cowslips Warren posted:So along the lines of divorce, would people be able to win a case against Ashley Madison for their information being leaked? Or did Cheaters R Us have some good ironclad note in the agreement that they take no responsibility for digital security? Data compliance and security is an exploding legal field. With that said most people I know won't take cases that have gotten headlines because it's too much competition for cases and headaches as everyone starts filing around the country. Nothing to do with divorce however.
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Sep 5, 2015 00:33
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I have a question! It's about a lease on an apartment. Living in Nova Scotia, Canada. Recently found out my company are moving my out west, spoke to my landlord and asked to go month-to-month but because I was a couple of weeks past the deadline (three months before the lease is renewed to make changes/cancel lease) he said no and that we'd have to sublet. lovely, but okay, it's within the law. We can only cancel the lease for medical reasons, nothing job related. We start looking for someone to assign the lease to, because gently caress subletting from across the country, but due to the fact that we're paying about $2-300 above the going rate for a 2-bedroom apartment because of rent increases over the years, nobody wants to take it from us. We've offered incentives, security deposits, first months of rent, but nobody wants somewhere this expensive. I don't want to be on the hook for this apartment from across the country - is it worth talking to my landlord and trying to make him see reason, offer a payout on the lease or something like that? Or, should we just cut and run? If we end up having to do the latter anyway because he won't give us a break on anything, is the reasoning going to go in our favour or against it if he tries to pursue legal action? So far he only knows the province we're moving to, and I'll have other references for our new landlord in the new province. hosed up situation, but any insight would help a lot!
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Sep 6, 2015 03:04
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Is it legal for an employer penalize (i.e. write up, counsel, etc.) employees for discussing their pay in the workplace?
Woof Blitzer fucked around with this message at 05:08 on Sep 6, 2015 |
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Sep 6, 2015 05:05
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nm posted:Too late I got divorced in TN already based on your advice. Hope your malpractice insurance is paid up! *married to your job joke*
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Sep 6, 2015 05:08
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Teflon Don posted:Is it legal for an employer penalize (i.e. write up, counsel, etc.) employees for discussing their pay in the workplace? 1. "Is it legal?" as in, can you sue them for doing it? 2. Where?
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Sep 6, 2015 05:10
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Cthulhuite posted:I have a question! It's about a lease on an apartment. Really, if you don't give notice beyond 90d, it renews for a year? I'd double check to make sure that is legal.
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Sep 6, 2015 05:11
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blarzgh posted:1. "Is it legal?" as in, can you sue them for doing it? Missouri, and yeah by that I mean is it grounds for litigation. It did not happen to me but management just sent out a mass email about it and I was wondering.
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Sep 6, 2015 05:13
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