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-Troika- posted:Update on the homeless guy who I wanted to enforce a judgement on: I found out he had a storage locker and got a lien on the contents Did we ever find out what this dude did to you or have we just been assuming you're a petulant little vulture? I lose track of you creeps sometimes.
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Nov 23, 2015 23:43
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NancyPants posted:Did we ever find out what this dude did to you or have we just been assuming you're a petulant little vulture? I lose track of you creeps sometimes. lovely tenant who broke a lease and caused a bunch of damage and now lives in his car. He never showed up to court so I won by default. ugh its Troika fucked around with this message at 18:38 on Nov 24, 2015 |
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Nov 24, 2015 18:36
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-Troika- posted:lovely tenant who broke a lease and caused a bunch of damage and now lives in his car. He never showed up to court so I won by default. On one hand I can't expect you to have a time machine and not rent to lovely tenants and realize that rental property is not the moneymaker that everyone thinks it is. On the other, really? What makes you think you could possibly recoup anything close to your losses, while depriving this guy of basically his only worldly possessions?
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Nov 24, 2015 19:14
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NancyPants posted:On the other, really? What makes you think you could possibly recoup anything close to your losses, while depriving this guy of basically his only worldly possessions? gently caress you, got your deposit.
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Nov 24, 2015 19:24
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Serious question for you: is the lien against the storage locker enforceable? I can file liens all day against things that it'd be illegal for me to enforce. If I did enforce it, I could be in for some major counterclaims.
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Nov 24, 2015 19:38
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Hot Dog Day #91 posted:Serious question for you: is the lien against the storage locker enforceable? I can file liens all day against things that it'd be illegal for me to enforce. If I did enforce it, I could be in for some major counterclaims. In this state, it definitely is. I made sure to check, since some states only allow liens on real estate.
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Nov 24, 2015 20:58
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Dear lawyers, What is a cheap way to gain a basic grasp of law? I don't want to practice it or anything. I just want to laugh at people in this thread tia
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Nov 24, 2015 21:40
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Geniasis posted:Dear lawyers, Full tuition scholarship at a law school in a rural setting.
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Nov 24, 2015 21:49
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But you don't even know anything after law school so... There isn't a way really
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Nov 24, 2015 21:50
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In this thread- understand the necessity of "damages" and that being annoyed or inconvenienced by someone or something is not enough. The fact that someone is a jerk, dick, flake, scumbag, or generally bad person you don't like is legally meaningless unless you can explain how that translated in to an actual loss on your part; and then if that loss isn't above a certain amount, getting a lawyer involved isn't worth it for the attorney.
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Nov 24, 2015 22:10
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Geniasis posted:Dear lawyers, If we knew this we wouldn't have gone to law school.
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Nov 24, 2015 22:45
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Geniasis posted:Dear lawyers, 1) understand that laws on all subjects are different from state to state. 2) understand that every legal concept necessarily lacks the depth and nuance to ever cover every potential fact pattern. 3) understand that the exact same facts and arguments can have have completely opposite results, in one court vs the next, or presented by one attorney versus the next, or even from one day to the next. 4) kill yourself before #1
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Nov 24, 2015 23:21
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binge watch every epsiode of law and order. it will take you just over a month if you do it 24/7.
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Nov 25, 2015 00:05
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Read this thread and blawgs. E.g. popehat (nerds love this guy I think, so I should too but, eh) and lowering the bar (my personal favorite).
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Nov 25, 2015 00:39
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the littlest prince posted:Read this thread and blawgs. E.g. popehat (nerds love this guy I think, so I should too but, eh) and lowering the bar (my personal favorite). The legal satyricon, new york personal injury attorney blog, defending people, and simple justice are also good.
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Nov 25, 2015 00:46
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I read the weekly legal reporter for my state. All of the reported cases basically.
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Nov 25, 2015 00:54
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Give this a once over and you'll instantly be in on roughly 80% of this thread's in-jokes: http://rationalwiki.org/wiki/Freeman_on_the_land
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Nov 25, 2015 00:55
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Just start reading court decisions, they're wonderful: 
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Nov 25, 2015 01:12
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Just do what I do and laugh at the thread without knowing a damned thing about the law.
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Nov 25, 2015 01:36
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I was partially kidding, but I do appreciate the responses. Especially those blogs. Def marking them for some reading
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Nov 25, 2015 04:24
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-Troika- posted:In this state, it definitely is. I made sure to check, since some states only allow liens on real estate. Post the contents of the locker when you get it and an accounting of the vast riches therein which will surely compensate you for your damages and the cost of filing a lean and repo'ing the worldly possessions of a homeless dude. Serious question for the thread: does anyone know a good way to find a lawyer in Texas (Austin or Dallas say) for bankruptcy stuff and student loan stuff? My completely broke boyfriend has $7,000 in personal debts, $20-some-thousand in private student loans already in collections that were cosigned by his grandfather, and an unknown amount of private student loans of unknown status cosigned by his mom, and I think he needs professional legal advice to tell him what his options are, I don't know anything about discharging private student loans in bankruptcy nor how much that would gently caress his family over if he did that.
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Nov 25, 2015 10:42
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Can he not work for some reason.
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Nov 25, 2015 10:51
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euphronius posted:Can he not work for some reason. I feel like there might be a connection to the User AV.
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Nov 25, 2015 11:01
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No, he can work, he has a lovely retail job now. He just ran up a lot of student debt in school, and his car got repossessed while he hunted for a job but they're after him for $6,000 between its value and the loan balance. Is there like a calculator somewhere to compare his income with his debt payments to see if talking to a lawyer is even worth it? Alchenar posted:I feel like there might be a connection to the User AV. Nah the AV is a dead black kid that some friendly soul bought me as an avatar after we shared a lively conversation VitalSigns fucked around with this message at 11:04 on Nov 25, 2015 |
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Nov 25, 2015 11:02
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Google consumer bankruptcy attorneys in the city. 7k is not worth declaring bankruptcy, and private student loans are just as hard to discharge, so he's not really a candidate.
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Nov 25, 2015 15:17
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Ah I didn't know that about private student loans, I've never had any. I thought only federal student loans got to be a magical category of debt slavery. Well thanks. Any advice for what to do with a deficiency judgment on the car? Can he challenge it, does he have to get a payment plan, is $6k even worth getting legal help for?
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Nov 25, 2015 16:40
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State bar websites always have a Find A Lawyer section, Texas being no exception.
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Nov 25, 2015 16:48
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What do you think co-signing on a loan means.
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Nov 25, 2015 17:07
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The federal government backs private student loans with the agreement that they cannot be discharged in bankruptcy
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Nov 25, 2015 17:11
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euphronius posted:What do you think co-signing on a loan means. I think it means you're definitely going to be paying out, because why would someone need a co-signer if they could pay the loan. blarzgh posted:The federal government backs private student loans with the agreement that they cannot be discharged in bankruptcy Even if they can't be discharged, would the fact that they exist and the required payments for them be considered by the court to figure out whether he is able to pay his other dischargeable debts like the car deficiency and credit cards?
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Nov 25, 2015 17:33
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Also federal student loans already have a built in bankruptcy lite procedure. They are not bad. Private student loans are bad.
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Nov 25, 2015 17:35
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VitalSigns posted:I think it means you're definitely going to be paying out, because why would someone need a co-signer if they could pay the loan. They do get calculated for part of the the means test, i.e. whether you qualify for a Ch. 7 vs. Ch. 13, and whether you qualify for <5 year repayment. What you want to do is take Monday off next week, and whip out a spreadsheet (google docs, excel, whatever), and also pull your credit report, and go through and list out every actual and every potential debt you have. Just because its not on your credit report doesn't mean its not a real debt; that just means it hasn't been reported. Every debt you can think of needs to be included. As for potential, I don't mean loan you might take out one day or something, I mean, "I'm pretty sure I didn't pay the last cable bill at the apartment I live at 2 years ago and I don't know if I owe them anything or not but I haven't heard from them so maybe I don't..." Make a spreadsheet of all the debts, i.e.:  Then go ahead and make another one with all your assets (car, Miibo collection or whatever, cash in bank accounts if any), and a rough estimate of your current income. Also, dig up copies of your last three tax returns. Print out everything and 3-hole punch it and put it in a binder. Schedule a consult with a Hot Dog Day #91 posted:Google consumer bankruptcy attorneys in the city. and take them your pile of stuff. Many offer free consults, some require a consult fee anywhere from $100 - $300. You may not be able to discharge some or all; the amount you may be able to discharge may not be worth it - barebones ch. 7s can run you ~$2,500. The process of preparing for and talking to the attorney however, may end up being the most important part of the solution. It only takes 3 hours to do everything plus 2 hours to drive to, and consult with the lawyer. Could be the most valuable 6 hours you ever spend.
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Nov 25, 2015 18:21
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blarzgh posted:What you want to do is... Thank you so much, this was exactly what I needed to know
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Nov 25, 2015 20:31
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Crosspost from the police shootings thread because it might be easier to get an answer here:UrbanLabyrinth posted:I'm curious: an officer can (like anyone else) plead the 5th in court, but could they hypothetically still be fired for failing to follow procedure by not filing a report on their own shooting, or do 5thA protections extend to the workplace too?
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Nov 26, 2015 21:52
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You should consult your lawyer or union rep if you believe you've committed a felony, urban labyrinth.
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Nov 27, 2015 02:56
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UrbanLabyrinth posted:I'm curious: an officer can (like anyone else) plead the 5th in court, but could they hypothetically still be fired for failing to follow procedure by not filing a report on their own shooting, or do 5thA protections extend to the workplace too? What you're thinking of is a situation where suspensions with, and without pay probably come into play. If a cop doesnt file a report, then yeah he could get fired. Retention of employment is not a constitutional guarantee. But failure to file a report is an administrative issue, so the penalty is certainly discretionary. But what's your hypothetical? A) "Lol, I murdered this dude real good. I'm really having qualms about lying about it in my report, tho." Or is it, B) "Chief, I respectfully decline to file a report on the shooting from this afternoon because of my 5th Amendment right against self-incrimination." "Oh...kayyyy......?" "BUT, I'm totally not guilty and you should let me keep working." "...."
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Nov 27, 2015 04:43
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Hot Dog Day #91 posted:You should consult your lawyer or union rep if you believe you've committed a felony, urban labyrinth. 
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Nov 27, 2015 08:34
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UrbanLabyrinth posted:Crosspost from the police shootings thread because it might be easier to get an answer here: This is actually a really fascinating topic that actually applies broadly to any public employee. Because it's a legal question, the answer is "it depends," but start here: https://en.wikipedia.org/wiki/Garrity_warning and keep reading and eventually you will more or less figure it out!
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Nov 29, 2015 04:26
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So I've been working at this place for a few months, and all of a sudden the boss springs this mess on us. I'm pretty sure this is not entirely legal. I am in Alabama. We are also salary employees with no prior indication that we would have any sort of incentive-based pay.quote:Penalties – We are going to define with everyone's help a list of infractions that will cost cold hard cash. For example the following things are unacceptable, put unnecessary strain on others, cost our company significant time and money, and will be penalized:
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Nov 30, 2015 19:17
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Zapf Dingbat posted:So I've been working at this place for a few months, and all of a sudden the boss springs this mess on us. I'm pretty sure this is not entirely legal. I am in Alabama. We are also salary employees with no prior indication that we would have any sort of incentive-based pay. It's covered by federal law, the Fair Labor Standards Act. Unexcused absence from work (half or full day) - $150 per half day Yes, but only in full day increments (i.e., cannot deduct for a half day absence) Missing a mandatory company meeting (either in person or remote) - $100 No, see above Missing a scheduled conference call or customer interaction - $50 No, see above Using fowl [sic] language in front of customers - $25 No, can only deduct for "infractions of safety rules of major significance*" Lying to another employee, shareholder or customer - $50 Probably no, can only deduct for "infractions of safety rules of major significance*" More info from the US Department of Labor *DoL's explanation of "safety rules of major significance": those rules related to the prevention of serious danger in the workplace or to other employees, such as rules prohibiting smoking in explosive plants, oil refineries or coal mines. e: FLSA may not apply if your company makes less than $500,000 in sales/ receipts. joat mon fucked around with this message at 19:58 on Nov 30, 2015 |
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Nov 30, 2015 19:48
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