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Alchenar posted:poo poo just got real enough that I thought I'd clue the legal thread in: What the gently caress kind of letter is that.
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Oct 4, 2015 12:47
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Horrible Smutbeast posted:What the gently caress kind of letter is that. You kinda have to go to the Star Citizen thread but long story short The Escapist published this article where they make a bunch of claims about the game being horribly mismanaged and the studio having terrible and illegal HR practices. Roberts promptly has a rage meltdown.
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Oct 4, 2015 12:51
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Alchenar posted:Chris Roberts doesn't, that's who. Why say it in 1000 words when you can use 10,000
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Oct 4, 2015 15:15
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So I guess we're officially in the "I told you so" phase of Star Citizen eh? It is truly a wondrous gift. It's like someone wanted to do a performance piece about the Internet and this is the culmination. A bunch of nerds spent millions of dollars on things that literally don't exist, like even virtually, for a game that will never exist and though it becomes more and more obvious every day that it won't exist, you have defenders girding their loins more severely. I'd blame it on sunk cost, but this seems way beyond that.
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Oct 4, 2015 15:46
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Horrible Smutbeast posted:What the gently caress kind of letter is that. One about ethics in gaming journalism.
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Oct 4, 2015 20:02
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Alchenar posted:poo poo just got real enough that I thought I'd clue the legal thread in: Releasing a game would probably help.
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Oct 5, 2015 12:50
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A car ran a stop sign and hit my fiancé's car. She got his information but did not file a police report. She got two estimates, about $1900 of damage. After about a month of run around from the insurance company, apparently his insurance had lapsed. She called the police and they told her that she couldn't file a report because it had been too long. She has his name, address, phone number, and the info from the lapsed policy. I'm not sure what the next step seems to be but the possibilities seem to be: 1) Hire a lawyer - probably not worth it given the low cost of repairs 2) Try to file fraud charges, since he falsely claimed to have insurance 3) Knock on the guys door and request the money 4) File in small claims court Do you guys have any suggestion on the best course of action to go to first? Knocking on his door seems to be high risk/high reward depending on whether he hands over the money or gets violent or chooses an even crazier third option. Small claims court seems like a giant pain in the rear end but maybe that's the best option anyway.
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Oct 6, 2015 14:53
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Leviathan Song posted:A car ran a stop sign and hit my fiancé's car. She got his information but did not file a police report. She got two estimates, about $1900 of damage. After about a month of run around from the insurance company, apparently his insurance had lapsed. She called the police and they told her that she couldn't file a report because it had been too long. She has his name, address, phone number, and the info from the lapsed policy. I'm not sure what the next step seems to be but the possibilities seem to be: 5) Walk away, take the $2k hit as a life lesson, get better insurance coverage.
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Oct 6, 2015 14:57
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It's been a long time since I've shopped around for auto insurance so I can't remember, but is uninsured/underinsured driver coverage not a required thing in most states?
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Oct 6, 2015 15:01
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Alchenar posted:5) Walk away, take the $2k hit as a life lesson, get better insurance coverage. I personally have uninsured/underinsured motorist coverage for this very reason. This happened while she was still on her parents policy, which doesn't have that. Is it really not worth filing in small claims court at least? $2K seems like it's enough to be worth the hassle.
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Oct 6, 2015 15:03
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Sue the parents!
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Oct 6, 2015 15:07
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Leviathan Song posted:Is it really not worth filing in small claims court at least? $2K seems like it's enough to be worth the hassle. Anything you do relies on being able to actually extract the money from this person. You can go to small claims court, win, and get a judgement for the full amount. You will still need to get the money from them. So the first thing you should do is consider whether or not this seems like the kind of person who has two grand you can actually claw from their grasp. My experience is that a person who drives around uninsured is usually not flush with available cash. I am not a lawyer, this is not legal advice - it's practical advice. A legal victory will not give you the power to wring blood from a stone, it just affords you the opportunity to try.
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Oct 6, 2015 15:15
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Ashcans posted:Anything you do relies on being able to actually extract the money from this person. You can go to small claims court, win, and get a judgement for the full amount. You will still need to get the money from them. So the first thing you should do is consider whether or not this seems like the kind of person who has two grand you can actually claw from their grasp. My experience is that a person who drives around uninsured is usually not flush with available cash. Is garnishment really that hard once you have a judgment in hand? Even if we only end up recovering half the money after fees, isn't that still better than nothing? I've walked away from $50-100 I could technically file for but $2K in damage is a lot to just let go.
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Oct 6, 2015 15:20
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Leviathan Song posted:Is garnishment really that hard once you have a judgment in hand? Even if we only end up recovering half the money after fees, isn't that still better than nothing? I've walked away from $50-100 I could technically file for but $2K in damage is a lot to just let go. It doesn't matter. If the person doesn't have money they don't have money. Your fiance made a mistake and you two have to live with it now. She should have called the police and filed a report, especially if there was damage to the car and your insurance requires you to notify them. Don't be upset that neither of you wanted to put forth the effort until your estimate came back that high.
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Oct 6, 2015 15:36
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Leviathan Song posted:Is garnishment really that hard once you have a judgment in hand?
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Oct 6, 2015 15:41
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joat mon posted:Its basically impossible
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Oct 6, 2015 15:51
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Horrible Smutbeast posted:It doesn't matter. If the person doesn't have money they don't have money. The police around here often refuse to take reports anyway. It's happened to me twice and insurance claims proceeded as normal because that's just how the local police are here. The real mistake was on her parents for not carrying uninsured motorist coverage and you're right there isn't much that I can do about that. On the other hand, the rear end in a top hat broke the law twice over and lied to her. I have every right to be upset with him and wring every dollar out of him that I can. You're making a pretty big assumption that he is poor and not just a cheapskate who is trying to get out of his legal responsibilities. You don't know that. I guess the first step is to drive by his house and see if he appears to be someone in a middle class neighborhood who has the means to pay. If he's in a nice neighborhood, I'll politely ask for the money, then proceed with the suit if he says no. If it's a nice neighborhood the local busybody will probably be happy to gossip about where he works. If he's obviously poor we'll just keep on driving.
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Oct 6, 2015 16:03
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Leviathan Song posted:The police around here often refuse to take reports anyway. It's happened to me twice and insurance claims proceeded as normal because that's just how the local police are here. The real mistake was on her parents for not carrying uninsured motorist coverage and you're right there isn't much that I can do about that. Hahaha gently caress. Keep us updated when you confront the guy and get thrown in jail for assault or stalking.
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Oct 6, 2015 16:11
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Horrible Smutbeast posted:Hahaha gently caress. Keep us updated when you confront the guy and get thrown in jail for assault or stalking. That seems like pretty worthless advice. How is what I'm doing any more risky than going to a bar or sports game? I'm not going to hit or threaten anybody. How is it stalking to talk to a person who owes you money and ask for it? Maybe it's better to drive by then send a certified letter? We have to request the money from him before filing a lawsuit.
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Oct 6, 2015 16:20
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Leviathan Song posted:That seems like pretty worthless advice. How is what I'm doing any more risky than going to a bar or sports game? I'm not going to hit or threaten anybody. How is it stalking to talk to a person who owes you money and ask for it? This is the start of gooninawell.txt Everyone is telling you to chalk this up to a life lesson and leave it. You are ignoring this advice and the further advice that your self-help plans are a bad idea (because they always end badly). This does not end well for you.
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Oct 6, 2015 16:23
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Alchenar posted:This does not end well for you. Yes but won't somebody please think of the thread? This is just what we need.
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Oct 6, 2015 16:25
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Bad Munki posted:Yes but won't somebody please think of the thread? This is just what we need. I prefer it when people arrive from E/N after their situation is irredeemably hosed up from having ignored everyone's advice.
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Oct 6, 2015 16:27
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Leviathan Song posted:That seems like pretty worthless advice. How is what I'm doing any more risky than going to a bar or sports game? I'm not going to hit or threaten anybody. How is it stalking to talk to a person who owes you money and ask for it? Point a gun at him while you ask for the money to show how serious you are. Maybe make implications about the safety of his family too
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Oct 6, 2015 16:30
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Alchenar posted:This is the start of gooninawell.txt Okay, I'm listening to you about talking to him personally. That was probably the biggest thing I was asking for advice on. Asking nicely for things is usually the best option in my experience but it seemed riskier than normal in this case. I'm hearing that fraud charges are a bad idea even though that wasn't addressed directly. I already ruled out a lawyer. My understanding was that small claims court was an obvious last resort if none of my other half-baked ideas made sense. What is the problem with the following plan? 1. 2 minute drive by with no interaction to determine if he has significant assets, bail if poor. 2. Send demand by certified letter - $5 3. File in small claims court - $200 including service and garnishment 4. Have a private investigator find where he works - about $200-$300 5. Collect settlement through garnishment. Worse case, I lose another $200 after losing the lawsuit, maybe $400 if it fails at the garnishment stage. Best case I recover the $2K. Are the odds on the best case really that bad? I thought that this was the whole point of small claims court.
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Oct 6, 2015 16:35
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Leviathan Song posted:You're making a pretty big assumption that he is poor and not just a cheapskate who is trying to get out of his legal responsibilities. You don't know that. The "didn't pay his car insurance" is a decent clue suggesting he may not be well off. So he may not have $2k of unprotected assets, and if he even has an above-board job, decent chance he may not make enough that you could even get a garnishment depending on the laws in your state. You could also always use Google Maps street view to look at the neighborhood where he lives vs drive-by stalking. Or you could bang on his door and demand payment for your girlfriend. Either way, keep the thread updated! Edit: Leviathan Song posted:I thought that this was the whole point of small claims court. Small Claims can't magically make someone without money able to pay. You're right that we are assuming they can't pay, but it seems a reasonable assumption. fordan fucked around with this message at 16:59 on Oct 6, 2015 |
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Oct 6, 2015 16:50
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fordan posted:The "didn't pay his car insurance" is a decent clue suggesting he may not be well off. So he may not have $2k of unprotected assets, and if he even has an above-board job, decent chance he may not make enough that you could even get a garnishment depending on the laws in your state. I still think it's possible that he let it lapse due to laziness or crookedness rather than poverty. Running a stop sign does not indicate attention to detail and I know plenty of people with money who habitually forget to pay bills. If it was laziness we might even get a summary judgment if he is too lazy to show up to court. Google maps is a good idea. I could also check Zillow to see if he's the owner or a renter. That would answer the question of whether he could pay without leaving the house or provoking a confrontation, thanks for that. I'll check that and update.
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Oct 6, 2015 17:01
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Leviathan Song posted:Google maps is a good idea. I could also check Zillow to see if he's the owner or a renter. That would answer the question of whether he could pay without leaving the house or provoking a confrontation, thanks for that. I'll check that and update. Property tax records are typically available online, and give you a better idea of the owner than Zillow
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Oct 6, 2015 17:15
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Devor posted:Property tax records are typically available online, and give you a better idea of the owner than Zillow Every time a house sells on my block, I scope out my new neighbors on the county assessor's site, not gonna lie.
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Oct 6, 2015 17:20
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Leviathan Song posted:I still think it's possible that he let it lapse due to laziness or crookedness rather than poverty. Running a stop sign does not indicate attention to detail and I know plenty of people with money who habitually forget to pay bills. If it was laziness we might even get a summary judgment if he is too lazy to show up to court. This thread is not telling you what is possible, it is telling you what is likely. It's also technically possible he'd cough up the money while you're on his doorstep but I'm going to go out on a limb here and say that isn't gonna happen. Why come here if not for the experience of people who know what they are doing? Also laffo @ $200 to file + serve him + garnish him. You don't have a loving clue, you have to serve him and garnish him yourself. The court doesn't do that for you. Please update thread when you get arrested. E: for a different idea, spend all this time, money, and effort on getting real car insurance hth
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Oct 6, 2015 17:21
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Yeaaah it's not just the cost of the initial paperwork to go to small claims court either. There's little fees everywhere, like if you have a witness you have to pay to file that paperwork to call them into court. In the province I live in you also need to cover the cost of their transport and time. Then you need to pay to get copies of everything from when the judgement is done, then pay more to file garnishments. I thought my stuff would cost the initial $100 but it's ballooning into waaay more before even getting to court.
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Oct 6, 2015 17:28
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Sue in small claims, but make sure your filing is filled with a bunch of ALL CAPS, lots of exclamation points, and references to the constitution, the forefathers, and cite statutes from really old laws. This will get the attention of Judge Judy producers and they'll want your case. Then you're guaranteed the money because they pay whether you win or lose.
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Oct 6, 2015 17:32
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NancyPants posted:This thread is not telling you what is possible, it is telling you what is likely. It's also technically possible he'd cough up the money while you're on his doorstep but I'm going to go out on a limb here and say that isn't gonna happen. Why come here if not for the experience of people who know what they are doing? I don't think you know our local laws as well as you think. That's from the county website, including the 2 separate fees involved, filing and service. From the business side I've worked garnishments for kited checks before. They really do just charge you $50 and take care of it if you have the paperwork and employer information. I think there are some extra screw you fees on the garnishees side but that's not really my problem. Again, how exactly does filing in small claims court lead to my arrest? Your hyperbole doesn't really add credence to your claims. Horrible Smutbeast posted:Yeaaah it's not just the cost of the initial paperwork to go to small claims court either. There's little fees everywhere, like if you have a witness you have to pay to file that paperwork to call them into court. In the province I live in you also need to cover the cost of their transport and time. Then you need to pay to get copies of everything from when the judgement is done, then pay more to file garnishments. I thought my stuff would cost the initial $100 but it's ballooning into waaay more before even getting to court. Actually the witness is a good point I didn't think about. We may have trouble proving the value of the damage without the estimator being physically present. That makes this a lot more trouble. It's not like we can bring a car into the court room and a paper estimate isn't likely to be useful. That probably doubles the cost of bringing this to court. Which I guess means that it probably isn't worth it. I'm leaning towards sending a letter requesting the money and leaving it at that.
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Oct 6, 2015 17:58
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It's small claims; hearsay doesn't exist, probably
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Oct 6, 2015 18:02
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WhiskeyJuvenile posted:It's small claims; hearsay doesn't exist, probably Unfortunately, the Oklahoma bar association seems to disagree: http://www.okbar.org/public/brochures/smallclaimscourt.aspx posted:Q: What is the most significant evidence problem?
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Oct 6, 2015 18:09
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I got a small claims default judgement (in Texas) against someone who won't ever pay me for it, and all it cost was the ~$200 in filing and service fees! Just go do $1900 worth of damage to his vehicle in the dead of night and you'll feel better, because you're probably not seeing that money ever again.
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Oct 6, 2015 18:15
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Leviathan Song posted:I don't think you know our local laws as well as you think. That's from the county website, including the 2 separate fees involved, filing and service. From the business side I've worked garnishments for kited checks before. They really do just charge you $50 and take care of it if you have the paperwork and employer information. I think there are some extra screw you fees on the garnishees side but that's not really my problem. Your ridiculous harassing ideas are going to get you arrested. Why are you so knowledgeable about local laws but can't do basic poo poo like make sure you have insurance?
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Oct 6, 2015 18:39
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"Objection your honor, hearsay! See, I even have a post about it from the Internet." "Lol, gently caress you; go ahead stop-sign man, tell the Jury how it was actually Leviathan's gf that ran the stop sign. Cool, judgement for defendant " "But your honor, he's not allowed to lie!" "Lol, this guy!"
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Oct 6, 2015 19:01
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NancyPants posted:Your ridiculous harassing ideas are going to get you arrested. Why are you so knowledgeable about local laws but can't do basic poo poo like make sure you have insurance? I've said several times that I actually have insurance, my fiancé did not have the best insurance. I honestly think the fee schedule for small claims court is more clear than buying insurance in this state. If you buy the required minimums you are woefully uninsured and comprehensive insurance isn't actually comprehensive. You need to separately purchase uninsured motorist. Most people in this state do not have the insurance that they think they have, my future in-laws for example. I've never said I'd harass someone, just ask them for the money they owe. If my neighbors are parked in my driveway or have a barking dog I talk to them rather than call the cops. I was not sure if this was that was a good way to handle this situation, and the general consensus is no that's a bad idea in this case. I don't think that's an unreasonable question. Do you ever talk through problems with other people or do you just run away from them?
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Oct 6, 2015 19:04
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blarzgh posted:"Objection your honor, hearsay! See, I even have a post about it from the Internet." I had been hoping that the fact he lied about being insured would work to our advantage here. We can prove that easily enough. Also the fact that it was a two way stop so she had clear right of way. Maybe that is naïve.
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Oct 6, 2015 19:14
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....Think about to who you are asking that question and where.
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Oct 6, 2015 19:18
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