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PT6A posted:Ultimately, I don't know if I've actually suffered damages as a result, but it's certainly possible. I'm not even a lawyer and I can tell you the answer to this one! No, you haven't, and no one is going to award you money because some weirdo made up a story about you.
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Oct 7, 2015 16:03
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PT6A posted:Question about defamation under Canadian (specifically Albertan) law: is it necessary to show damages to proceed with a case? A former friend of mine has gone a bit deranged and has accused me of theft to a current client of mine (not to the police, which is obviously what you'd do if someone had actually committed theft against you). Luckily, that client is well aware of what a loving lunatic the accuser is, but I think it's still harmful to my professional representation even if I don't have any defined damages at this point. Do I have any options? You just need to show that the comments were made to a 3rd party and that those comments damaged your character in the minds of those 3d parties that heard the comments. It's probably not worth your time proceeding with the case unless you have money to burn and want to fee vindicated, or the comments are actually harming your business and you can provide evidence and testimony to that effect. If the latter, get a lawyer and don't expect to get much out of it.
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Oct 7, 2015 16:09
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The Mandingo posted: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 posting this again...
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Oct 7, 2015 16:11
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Leviathan Song posted:I honestly thought the comment about him being a traffic lawyer was sarcastic. Lol. I'm a complex commercial/real estate/oil and gas litigator in Texas, and my firm just so happens to have a municipal law section. The joke about me being a traffic ticket lawyer started because [reasons]; then later, one of our lawyers from the municipal law section left the firm to do his own practice, so now, once a month I prosecute class C misdemeanors for municipal court. Which includes traffic tickets.
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Oct 7, 2015 16:58
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nm posted:I love this thread so much.
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Oct 7, 2015 17:00
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tl;dr:blarzgh posted:Lol. I'm a...traffic ticket lawyer
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Oct 7, 2015 17:23
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What, generally, is the legality of fortifying your front door and doorframe so it's harder/impossible for someone to kick in?
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Oct 7, 2015 17:48
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-Troika- posted:What, generally, is the legality of fortifying your front door and doorframe so it's harder/impossible for someone to kick in? In the US? You should be fine unless you rig it with explosives or something. This assumes you own the property, if you rent, it is probably up to your landlord.
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Oct 7, 2015 17:51
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-Troika- posted:What, generally, is the legality of fortifying your front door and doorframe so it's harder/impossible for someone to kick in? 
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Oct 7, 2015 17:55
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-Troika- posted:What, generally, is the legality of fortifying your front door and doorframe so it's harder/impossible for someone to kick in? Do you have or might you have any drugs in your house? "21 Okla. Stat. 540C posted:A. It shall be unlawful for any person to willfully fortify an access point into any dwelling, structure, building or other place where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed, or attempted, and the fortification is for the purpose of preventing or delaying entry or access by a law enforcement officer, or to harm or injure a law enforcement officer in the performance of official duties.
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Oct 7, 2015 17:57
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joat mon posted:Do you have or might you have any drugs in your house? quote:A. It shall be unlawful for any person to willfully fortify an access point into any dwelling, structure, building or other place where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed, or attempted, and the fortification is for the purpose of preventing or delaying entry or access by a law enforcement officer, or to harm or injure a law enforcement officer in the performance of official duties. Make sure you put a big note on the fortified door "To stop other dealers from stealing my stash, not to obstruct the Feds, I swear".
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Oct 7, 2015 18:01
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joat mon posted:Do you have or might you have any drugs in your house? Does getting convicted of violating this involve the prosecutor having to prove the drugs or intent to acquire drugs came first, vs fortifying because you're paranoid and THEN getting into drugs? Also, that law is weird. Edit: I don't do drugs or commit any other crimes within my home
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Oct 7, 2015 18:04
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-Troika- posted:How do you collect damages from a homeless person who's only form of income is social security disability payments? Are they just basically immune to civil suits? -Troika- posted:What's the legality of replacing your mailbox stand with a reinforced metal pole driven into concrete to deter assholes playing mailbox baseball or even just plain running over it? -Troika- posted:What, generally, is the legality of fortifying your front door and doorframe so it's harder/impossible for someone to kick in?
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Oct 7, 2015 18:05
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Blue Footed Booby posted:Does getting convicted of violating this involve the prosecutor having to prove the drugs or intent to acquire drugs came first, vs fortifying because you're paranoid and THEN getting into drugs? Don't have a security camera, either. 21 O.S. 1993 posted:C. It shall be unlawful for any person to use, refocus, reposition, cover, manipulate, disconnect, or otherwise tamper with or disable a security or surveillance camera or security system for the purpose of avoiding detection when committing, attempting to commit, or aiding another person to commit or attempt to commit any felony. Any person violating the provisions of this section shall be guilty, upon conviction, of a felony, punishable by imprisonment for not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.
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Oct 7, 2015 18:35
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It is unlawful to attempt to not get caught for a crime during the commission of said crime.
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Oct 7, 2015 18:55
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It sounds like a charge they'd throw in at the beginning of a search warrant case then later dump as part of a plea deal to avoid consec.
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Oct 7, 2015 20:39
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Tokelau All Star posted:It sounds like a charge they'd throw in at the beginning of a search warrant case then later dump as part of a plea deal to avoid consec. Yep, more poo poo to pile on as a plea inducer. Welcome to the thread!
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Oct 7, 2015 22:09
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Lol wats happening in here guys?
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Oct 8, 2015 04:04
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Phil Moscowitz posted:Lol wats happening in here guys? 
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Oct 8, 2015 04:14
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Nothing, Phil. Reading the thread, having a white Russian.
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Oct 8, 2015 04:15
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So I just saw an advertisement for Celino and Barnes. Nationwide your BEST choice for accident lawsuits. I see that commercial and immediately think "they'd totally gently caress me over if I was their client". But how would they do that? Like with a big bank, they have much bigger clients so they would have high fees and not care about me as a client. But this law firm seems to specialize in accidents and I'm guessing lower socio-economic clients. So are they just looking for big cases with large payoffs and then inflating attorney costs?
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Oct 8, 2015 05:04
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Firms who take the cases on contingency take a portion of the settlement.
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Oct 8, 2015 06:10
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Lowness 72 posted:So I just saw an advertisement for Celino and Barnes. Nationwide your BEST choice for accident lawsuits. Lawyers who advertise for personal injury lawsuits don't have "bigger clients". They make their money by negotiating settlements as quickly as possible in as many cases as possible.
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Oct 8, 2015 13:18
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Don't wait, call 8!
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Oct 8, 2015 13:29
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Lowness 72 posted:So I just saw an advertisement for Celino and Barnes. Nationwide your BEST choice for accident lawsuits. These dudes probably associate with random lawyers in every state too, so who knows what you're going to get. But I doubt they have many "big clients," like Kalman said they are casting the widest net they can to catch as much herring as possible. They operate on a volume business model. They are going to run your case through the mill and settle it ASAP.
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Oct 8, 2015 17:15
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Lowness 72 posted:So I just saw an advertisement for Celino and Barnes. Nationwide your BEST choice for accident lawsuits. Sure. Here's how they gently caress you over. 1) They try to settle as fast as possible. This means taking money off the table. 2) Should they go to trial, their fee percentage shifts up. 3) Should they incur any costs, those costs come out of your percentage of the recovery. 4) The attorney fee portion is calculated out of the whole recovery. So if it's 33%, they get 33% of the whole recovery. Not the recovery minus the medical bills and costs. So let's say we have a $5,000.00 settlement with $500 in fees and $2,000.00 in medical bills. The attorney takes $1,666.66 right off the top for him. Then they reduce your medical bills down to $1,500.00. So there's $3,166.66 gone right there. And then the attorney says, "Ah, I get my fees back." And takes it out of your percentage of the recovery. So the attorney gets $1,666.66. Doctors get $1,500.00. Attorney gets reimbursement of $500.00. You get $1,333.33. 5) Any real big cases are kicked out to a third party firm on a fee splitting basis.
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Oct 8, 2015 18:34
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PT6A posted:It's a recurring problem where he's been accusing me and various of my friends and colleagues of bizarre thefts, and conjuring perceived debts out of thin air. He has some assets, but I know he's leveraged out the rear end and grasping at straws to find ways to service his massive debt load. I doubt I can recover much money, if any, because he's in debt up to his eyeballs, but I would really like him to stop telling lies about me and my friends, especially to current and potential clients. What are the criminal harassment rules (if any) in your jurisdiction? Best option might be for your lawyer to send a cease and desist on heavy paper.
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Oct 8, 2015 19:34
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I have a friend (Jan) who was dating a guy (Steve) a while back, in Florida. Steve wanted to buy a car but couldn't get approved due to credit, and had Jan co sign with him to let him get the car. She also paid the down payment for him because he couldn't afford it, and they made a verbal agreement to settle the small debt of $1,600. Long story short, debt was never settled, he still uses the car daily, it is registered to both of them, and she wants what she is owed from him. What should she do, other than talk to a lawyer? Does she have anything?
Sandwich Anarchist fucked around with this message at 03:19 on Oct 9, 2015 |
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Oct 9, 2015 03:09
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Due to recent events, I was wondering if I can get some clarifications on the terms: retaliation, stalking, and contact... regarding the legal system and civil complaints. I'm leaving out real names and specific circumstances for these. edit: forget it UserErr0r fucked around with this message at 21:48 on Oct 9, 2015 |
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Oct 9, 2015 03:40
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The legal definitions for all these will be jurisdiction specific. However, in the context of an educational institution, all bets are off. They can, and are forcefully encouraged to, make up their own definitions, procedures, rules, etc. What state are you in? e: Even granting it's a school we're talking about, there's got to be something big you're leaving out. joat mon fucked around with this message at 04:05 on Oct 9, 2015 |
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Oct 9, 2015 03:59
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joat mon posted:The legal definitions for all these will be jurisdiction specific. This is in Utah. edited out for privacy UserErr0r fucked around with this message at 18:49 on Oct 9, 2015 |
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Oct 9, 2015 04:18
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I understand your (intelligent) efforts at discretion, but you're kind of starting this story at the denouement, and even of that part, you've only vaguely hinted about what happened, and the devil is in the details. I don't think bringing up your Googlestalking will help you in the slightest.
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Oct 9, 2015 05:07
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I spoke to my lawyer friend, and apparently under Canadian law, damages are "presumed to have occurred" in a case of defamation where someone accuses you of a criminal act. Looks like I'll be phoning my lawyer tomorrow to see how I can nail this prick to the wall (I know it's likely not a money-making proposition, but I'd love to make this guy feel the full force of the law, even if it costs me money).
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Oct 9, 2015 06:06
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UserErr0r posted:Third, Bob visiting Bill’s public profile later results in Bill receiving a notification that Bill viewed the profile. This is either through an automated email, or a list of "recent visitors" (I know LinkedIn does the latter, but I don't know about the former). Because Bob visiting Bill's profile directly created a message for Bill, without Bob's intention, can that be considered indirect contact? That sounds like indirect contact right there, especially since it has your full name on your profile.
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Oct 9, 2015 06:10
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PT6A posted:I spoke to my lawyer friend, and apparently under Canadian law, damages are "presumed to have occurred" in a case of defamation where someone accuses you of a criminal act. Looks like I'll be phoning my lawyer tomorrow to see how I can nail this prick to the wall (I know it's likely not a money-making proposition, but I'd love to make this guy feel the full force of the law, even if it costs me money). Awesome, good luck; and try to stay outcome-focused. Be clear with yourself about your objectives and what you're willing to spend to accomplish those.
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Oct 9, 2015 06:44
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The school handbook will have definitions. Utah criminal statutes will have definitions. None of them will make a poo poo. The review board will ignore either or both to reach the outcome they want. Also, I can tell you that the story you're presenting is not very persuasive. It might be your presentation, the level of defensiveness that's emanating from your posts, or the lack of information (and rightfully so, don't reveal any more), but my bullshit meter is blowing up. You need to delete your posts, and consult with someone local, whether it be an attorney or a counselor or something else and do a better job preparing for this thing you have. Maybe I'm wrong, but if you really feel like slamming the right dictionary down on the table is the key to success here, then by all means. But it might be more about convincing the panel that you're not a f****** psycho. Just saying.
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Oct 9, 2015 06:52
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Lowness 72 posted:So I just saw an advertisement for Celino and Barnes. Nationwide your BEST choice for accident lawsuits. They are a volume firm. They take everything including soft tissue. If your case won't pay they won't take it and they have unilateral opt-out clauses in their retainers that let them dump you as a client for any reason (don't cite law, I already know). On that mode you will have a book of 200 clients or so and you hope that one, two, or three a year of those will be something significant. It's a contingency firm, no billable or hourly rates for them to inflate. Get a car accident pi/wd settle it quick, get your money. The industry term for this model is "churn and burn baby" They won't gently caress you over if there is a case and money to be made, but they probably aren't going to try to push the envelope either.
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Oct 9, 2015 15:41
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FrancoFish posted:I have a friend (Jan) who was dating a guy (Steve) a while back, in Florida. Steve wanted to buy a car but couldn't get approved due to credit, and had Jan co sign with him to let him get the car. She also paid the down payment for him because he couldn't afford it, and they made a verbal agreement to settle the small debt of $1,600. Long story short, debt was never settled, he still uses the car daily, it is registered to both of them, and she wants what she is owed from him. What should she do, other than talk to a lawyer? Does she have anything? What does Steve say? Does he acknowledge the debt but will "send the money next week when I get paid" and never does? Doesn't return calls/emails? If he acknowledges the debt it may be worth while to ask him to commit to a payment plan and do it in writing or at least email, even if he doesn't follow through. Seems like a good candidate for small claims court to me, except does he have $1600 you're likely to be able to collect? We know he didn't when the car was purchased. And destabilizing Steve's finances may not be a good move for Jan; if he stops making the car payment (assuming there still is one), the bank is going to come after Jan for the full amount still owed. It might be possible to put a lien on the vehicle so that he wouldn't be able to sell it without satisfying the lien, but I think that'd still require a judgement against him.
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Oct 9, 2015 18:49
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blarzgh posted:But my bullshit meter is blowing up. edit: nevermind. It's too hard to summarize the thing given that I need to keep identifiable information out UserErr0r fucked around with this message at 22:51 on Oct 9, 2015 |
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Oct 9, 2015 18:54
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Hmm, the rights violation is concerning. You may have a counterclaim based off that. What did they do?
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Oct 9, 2015 18:58
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