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JUST MAKING CHILI
Feb 14, 2008

Sefer posted:

Random thought I had this morning: if you successfully sue someone, do you have to pay taxes on the amount you got in the suit? It's my understanding that lawsuits are generally to be made whole, undoing some previous monetary damage you suffered, so I wouldn't think it would be treated as income, but laws are weird.

Not a lawyer or CPA, but it probably depends on what the lawsuit was for. Loan someone money and they don't pay you back? Sue them and get a judgement, probably not taxed. Someone causes you lost income? Sue them and get a judgement for lost wages, probably taxed as ordinary income.

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euphronius
Feb 18, 2009

Sefer posted:

Random thought I had this morning: if you successfully sue someone, do you have to pay taxes on the amount you got in the suit? It's my understanding that lawsuits are generally to be made whole, undoing some previous monetary damage you suffered, so I wouldn't think it would be treated as income, but laws are weird.

It depends on the nature of the damages received but generally no and sometimes yes.

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong

Sefer posted:

Random thought I had this morning: if you successfully sue someone, do you have to pay taxes on the amount you got in the suit? It's my understanding that lawsuits are generally to be made whole, undoing some previous monetary damage you suffered, so I wouldn't think it would be treated as income, but laws are weird.

It depends on how the damages are categorized. Some are taxable some are not. Consult a tax professional.

euphronius
Feb 18, 2009

The lawyer who gets the damages for you knows as well.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Sefer posted:

Random thought I had this morning: if you successfully sue someone, do you have to pay taxes on the amount you got in the suit? It's my understanding that lawsuits are generally to be made whole, undoing some previous monetary damage you suffered, so I wouldn't think it would be treated as income, but laws are weird.

https://www.irs.gov/pub/irs-pdf/p4345.pdf

euphronius posted:

The lawyer who gets the damages for you knows as well.


That lawyer probably has no interest in giving tax advice. I know I never do.

sullat
Jan 9, 2012

xxEightxx posted:

It depends on how the damages are categorized. Some are taxable some are not. Consult a tax professional.

Good advice.

euphronius posted:

The lawyer who gets the damages for you knows as well.

Probably not.

euphronius
Feb 18, 2009

I always knew :shrug:

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

euphronius posted:

I always knew :shrug:

You care more about your job than I do.

MiTEG
Mar 3, 2005
not stupid, just lazy
Can someone please give me a referral for a lawyer in the SF Bay Area?

I am an employee in an office that manages several retail locations structured as separate LLC's. There was recently a six figure default judgement against the companies by a former vendor. Today I learned the vendor has a court order to take money from the company bank accounts and has submitted this information to our bank.

There is close to $50,000 past due in payroll checks that need to be distributed ASAP. This court order will make that very difficult.

We had an office staff of five people in August. After layoffs and attrition, I am now the only one left. I am willing to stay in the short term, but not if I can be personally liable for any of the company debt or unpaid wages.

Alchenar
Apr 9, 2008

MiTEG posted:

Can someone please give me a referral for a lawyer in the SF Bay Area?

I am an employee in an office that manages several retail locations structured as separate LLC's. There was recently a six figure default judgement against the companies by a former vendor. Today I learned the vendor has a court order to take money from the company bank accounts and has submitted this information to our bank.

There is close to $50,000 past due in payroll checks that need to be distributed ASAP. This court order will make that very difficult.

We had an office staff of five people in August. After layoffs and attrition, I am now the only one left. I am willing to stay in the short term, but not if I can be personally liable for any of the company debt or unpaid wages.

Stop. Reverse. Go back.

What precisely is your role in this company and relation to it's ownership?

Pa. You need a new job, fast.

MiTEG
Mar 3, 2005
not stupid, just lazy

Alchenar posted:

Stop. Reverse. Go back.

What precisely is your role in this company and relation to it's ownership?

Pa. You need a new job, fast.

I am an employee and do not have any equity in any of the companies. My current role is office manager. My previous role was assistant controller/IT director. Yes, I understand this is not a good place to work. We have a bookkeeping company and a CPA firm that I am transitioning to. My last day here is 12/31 and I have a new job starting in January.

I met with our banker yesterday morning, it looks like the court order was only effective 12/4 and not continuous. The bank accounts will be fine unless the former vendor got a new court order. Business has been good, so we should have enough in deposits to cover payroll on Monday.

Crisis averted for today, at least.

Alchenar
Apr 9, 2008

Uh, companies that let six figure judgements happen against them by default and who's plan for dealing with that is 'maybe they won't get another judgement' are not in a good place.

kedo
Nov 27, 2007

I'm a freelance web developer living in VA. I developed a simple intranet-ish site for a restaurant group that allows their managers to upload operational information to a central location (eg. daily sales figures, repair requests, etc). I'm working primarily with their personnel director. While I was working on it, I noticed they were using it to track extremely sensitive information about their employees like bank account numbers and SSNs.

I sent the personnel director and a SVP level person a big ol' email saying that the system I created for them was not designed for that sort of thing and the information they were storing was dangerously accessible. I used phrases like "putting your employees information massively at risk," and made it abundantly clear that they should not be doing what they're doing and that the system I was creating was not and would never be capable of protecting that sort of information. They replied with, "oh, okay we won't use it for that kind of stuff anymore, thanks." That was about a month and a half ago.

I checked back today, and of course they're still using it in exactly the same way. While I don't want anyone's personal information to get hacked, my main concern is not being liable if and when they do get hacked. Worst case scenario, assuming they got hacked and decided to sue me, is that email enough that I could fight it in court? I'm also in contact with the business owners and could email them if I wanted.

I don't know exactly when I'll have communicated enough vs. too much here.

e: Also, when I sent that email the personnel director replied saying he understood, would purge all the sensitive data from the site, and wanted to continue moving forward with the project. He has not done so.

kedo fucked around with this message at 19:18 on Dec 8, 2015

Lynx
Nov 4, 2009
Got a tenant/landlord/renter's insurance question here. I apologize if this is wrong place to ask.

My apartment complex requires that all tenants have renter's insurance that lists the complex as additional interest or additional insured. The policy I got when I moved in (~2 years ago) does not have this, however no one (myself or the landlord) noticed until an audit was done on all renter's insurance policies in the complex earlier this year. I asked my insurance agent about having the complex added to the policy, and this was the response I got:

quote:

I spoke with [current insurance company] and they do not add apartment complexes as additional insured. They have no interest in your contents and the renters insurance liability is for the tenant not the apartment complex. There are several reasons that you do not want them listed on your policy. Did you know that it would give the apartment complex the right to file claims on your insurance? Also, if you suffer a loss to your contents they would be listed on your claim check and you would be required to have them sign off to get your money. In addition, they are asking you to provide liability for the complex.

We represent 17 companies and none of them would add the complex as additional insured. The carrier further stated that they find it odd that an apartment complex can force tenants to list them on the policy.

So, my question is - how much of what she is saying is true? I did some Googling on the subject, but I didn't find anything that supported what she was telling me. I'm planning on renewing my lease in a few months, and I'll have to go through another provider, so I want to make sure I know what I'm getting myself into.

This is in Michigan, by the way.

Bad Munki
Nov 4, 2008

We're all mad here.


Who's more likely to be screwing with you, intentionally or not? The agent, who wants to sell you as much as possible but is telling you it's not something she can offer, or the landlord, who would love to have you pay for insurance on their complex?

Landlords in general have no clue and will always always always try to pull shenanigans. Sometimes innocently, sometimes maliciously.

I'm not a lawyer, I have no idea about the legal particulars of your situation, but I'd tend to trust the agent and even go so far as to guess that that particular term of your lease is bullshit.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Is that requirement even in your lease, or is it just their "policy"?

Devor
Nov 30, 2004
Lurking more.
Some quick googling shows that Additional Interest and Additional Insured are very different beasts. Additional Interest means that the insurer notifies your Apartment Complex if you decide to non-renew.

https://www.effectivecoverage.com/800/additional-interest-vs-additional-insured/

quote:

The designation is designed to ensure that a third party (the property owner in this scenario) is notified should the policy cancel or non-renew. This endorsement does not convey any coverage to the additional interest nor cost the tenant any additional premium. Carriers such as State Farm, Travelers, Liberty Mutual, and Allstate all routinely list third parties as an additional interest and will quickly send notices of pending cancellation, cancellation, or non-renewal when appropriate.

Lynx
Nov 4, 2009

WhiskeyJuvenile posted:

Is that requirement even in your lease, or is it just their "policy"?

It's part of the lease. Well, additional insured is on the lease, however all the correspondence I've had with the leasing office indicates that they're fine with either insured or interest (no idea if they'd be okay with it if I had to file a claim, but eh).

Devor posted:

Some quick googling shows that Additional Interest and Additional Insured are very different beasts. Additional Interest means that the insurer notifies your Apartment Complex if you decide to non-renew.

https://www.effectivecoverage.com/800/additional-interest-vs-additional-insured/

Yeah, that's what I dug up when I Googled it. I mentioned that to my agent, and she told me that they wouldn't add the complex as additional interest either ("because the Landlord has no interest they cannot be added to the policy as additional interest").

Epic Doctor Fetus
Jul 23, 2003

Real estate/divorce law question. Location: Utah.

I'll skip all the E/N stuff and get straight to the point. When my girlfriend divorced her ex-husband, she wanted to get out as quickly and cheaply as possible, so she didn't hire a lawyer (I know, I know... I wish I had known her then. I would have paid for the lawyer) and basically left all the joint possessions to the ex-husband. As far as she is concerned, he can have everything. She just wants to completely sever and be done with it all. The problem is that she never got her name off their house/mortgage. He's now refusing to refinance/quit claim/whatever needs to be done to completely sever and appears to be using that as a reason to still "be in her life." They are also upside down a good $40-50K. Obviously I don't want her name on anything I own in case he defaults/dies/whatever, which is another good reason to get this taken care of.

My questions:

1. Are there any options for her to get her name off the mortgage without his consent or do we have to convince him to go along?
2. She is not currently paying any part of the mortgage, but contributed in the past. Is she still entitled to anything if he sells 20 years from now without getting her name off of it? If so, this is the only real leverage I see right now.
3. Assuming he won't budge, do we need a real estate lawyer, divorce lawyer, or some other type of lawyer?

Edit: Comedy option: Can she take out massive amounts of debt and use that house as collateral?

Epic Doctor Fetus fucked around with this message at 13:47 on Dec 10, 2015

jassi007
Aug 9, 2006

mmmmm.. burger...

Epic Doctor Fetus posted:

Real estate/divorce law question. Location: Utah.

I'll skip all the E/N stuff and get straight to the point. When my girlfriend divorced her ex-husband, she wanted to get out as quickly and cheaply as possible, so she didn't hire a lawyer (I know, I know... I wish I had known her then. I would have paid for the lawyer) and basically left all the joint possessions to the ex-husband. As far as she is concerned, he can have everything. She just wants to completely sever and be done with it all. The problem is that she never got her name off their house/mortgage. He's now refusing to refinance/quit claim/whatever needs to be done to completely sever and appears to be using that as a reason to still "be in her life." They are also upside down a good $40-50K. Obviously I don't want her name on anything I own in case he defaults/dies/whatever, which is another good reason to get this taken care of.

My questions:

1. Are there any options for her to get her name off the mortgage without his consent or do we have to convince him to go along?
2. She is not currently paying any part of the mortgage, but contributed in the past. Is she still entitled to anything if he sells 20 years from now without getting her name off of it? If so, this is the only real leverage I see right now.
3. Assuming he won't budge, do we need a real estate lawyer, divorce lawyer, or some other type of lawyer?

Edit: Comedy option: Can she take out massive amounts of debt and use that house as collateral?

1. I can't imagine there is. Everyone who was underwater on a mortgage would bail if they could.
2. If she has an interest in the home, and he refuses to let her quit claim, she can force the sale of the home. I don't know how that process works at all, but I'd bet a shiny nickel it starts with a lawyer.
3. So have her call a lawyer, and ask about forcing the sale of a jointly owned home. The lawyer might be able to give her a consult, tell her her options and maybe even draft her husband a nice letter telling him the options they're going to purse.
A. Agree to let her quit claim
B. Force the sale of the home.

He might change his tune. Keeping in mind, if there is a balance owed on the mortgage and they force the sale of it, they'll be jointly responsible for the debt I'd guess. That is def. something she'll need to talk about with her lawyer.

EAT THE EGGS RICOLA
May 29, 2008

These four posts are by the same person.

If it is before your court date, can you still leave the country? (self.legaladvice)

What happens if you enter a country with a passport that isn't yours? (self.legaladvice)

In jail, do you have the right to dehydrate/starve to death? (self.legaladvice)

Which law makes it legal for prisons to prevent a person in custody from dying? (self.law)

Can we play "guess what crime they committed"?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Self Law.

Blue Footed Booby
Oct 4, 2006

got those happy feet

Holy poo poo that person is dumb. I'm afraid to look at their post history.

Hoopaloops
Oct 21, 2005
It feels like a horrible, real-life version of mad libs. Fill in the blanks:

_____ committed _____ crime in _____ country. _____ now wants to enter _____, a different country, using their friend _____'s passport. Once there, their plan is to commit suicide by not eating any _____ or drinking any _____. If arrested in either country, _____ will still try and follow through with their suicide plan, but only if it's not against the _____ law, specifically section _____. And that, children, is why you don't do _____.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
Hank committed spousal abuse in Brooklyn. Hank now wants to enter Latveria using their friend Reed's passport. Once there, their plan is to commit suicide by not eating or drinking any Soylent. If arrested in either country, Hank will still try and follow through with their suicide plan, but only if it's not against the Code of Doom, specifically sections all of them. And that, children, is why you don't do Pym Particles.

Discendo Vox fucked around with this message at 21:34 on Dec 10, 2015

PT6A
Jan 5, 2006

Public school teachers are callous dictators who won't lift a finger to stop children from peeing in my plane

Well, it's all on Reddit, and most people involved in in-person crime wouldn't kill themselves over the possibility of going to prison, so I'm going to guess something child porn-related or possibly some other deviant sex crime.

PopeCrunch
Feb 13, 2004

internets

Hi, me again. (Yes, I got a lawyer for the adoption thing. Waiting to move forward on that until I get my ducks in a row and enough dough scratched together for the retainer.)

Let me preface this by saying yup this was all my fault and I have been very forthright with the cops and court folks about this and intend to keep this habit going forward. I'm not interested in even APPEARING like I'm trying to abdicate responsibility.

A few months back, my car insurance got cancelled and I didn't notice - my debit card got reissued because of one of the various and sundry 'oops lol our database got hacked sry' things, my car insurance payment was pointing at that credit card, and I didn't notice the payments not happening because 1) I was distracted by unrelated family drama (mom died), 2) mail service at my apartment is *abhorrent* so if my car insurance company sent me a 'hey dumbass' letter, I never got it and 3) I'm sort of a moron. Long story short, I got pulled over for expired tabs (car was persistently failing smog check and I had been (documentably!) working on this for a Very Long Time), they ran my insurance, it came up cancelled, car got towed and I got a very angry ticket.

Again, my fault, result of a string of bad decisions, etc etc. Everyone I've communicated with about this in an official capacity has basically said 'holy lol you have the devil's own luck, don't worry too much about it since as long as you don't take a big poo poo on the judge's desk and bring the papers showing you got all this poo poo taken care of in less than a week from the ticket and you'll get away with a fine, but since the law allows the judge to assign jail time, we have to tell you about your option to get a lawyer' blah blah. The impression I'm getting is that jail time for cancelled insurance pretty much never happens unless you're an rear end in a top hat, and I try very hard not to be an rear end in a top hat. I've got several months until the court date (march something) so if the answer is No Really You Need A Lawyer then fine (though our finances are such that i'll bet a nickel we don't qualify for a free one - but affording our own would be troublesome).

STUFF THAT'S PROBABLY IN MY FAVOR A LITTLE:
- The very same night I got pulled over, I got my car insurance reinstated. I am able to provide documentation to back this up.
- Within a few days of being pulled over, the car was fixed (due to a very calm, patient, but firm Discussion with my mechanic, who is a wonderful mechanic, but sometimes works slow), certified, registered, legal, blah blah. Again, all documentable. I even saved the little 'your number is:' slip from going to the DMV. (Obvious question: If you got it done that fast, it must have been doable all along, right?? Ha ha about that - I was plannign to finally get the car taken care of with money from a bonus my wife got which JUST HAPPENED to land a few days after getting pulled over. If I had never gotten pulled over, I still would have gotten it done, but I can't exactly prove that, so it's a worthless claim.)
- I am pretty unable to shut up about YO THIS WAS MY FAULT AND NOBODY ELSE'S

Realistically, in Montgomery County MD, can I afford to get by without a lawyer? The trial will be happening shortly after we get our tax refund which will easily cover the fines even if the judge doesn't decide to reduce any of the fines for the 'dude just pay it' offenses and assigns the maximum fine for the insurance thing (a grand). My sole concern here is keeping my pasty rear end out of jail. My feeling, which is backed up by talking with the officer while we were waiting for the tow truck and happening to bump into him a week later after I'd already sorted everything out with the car (that loving car), is that since I can show I took this seriously enough to get it fixed *pronto*, the judge isn't going to toss me in jail. However, I also understand that legal advice from a cop is worth about as much as legal advice from my weird uncle who has strange ideas about gold fringe on flags and the like, so hence the question.

Again, all I super care about is jail time, the fines are a bonus objective and unless it's the difference between 'you pay every penny' and 'you pay like a buck and a half' it might not be financially worth it to pay a lawyer. (this all becomes irrelevant if i somehow DO qualify for a free lawyer, which yes i will check into and in fact already have the form filled out and just need to drop it in the mail.) Like if I have to pay a lawyer $800 to save me $400 in fines... well, it just makes sense to eat the fines.

PopeCrunch fucked around with this message at 22:45 on Dec 11, 2015

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Maryland gets jail time for Class C misdemeanors? What the gently caress?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
You need to call the clerk of the court on Monday, and ask them about showing proof of compliance. (papers showing its fixed)

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

blarzgh posted:

Maryland gets jail time for Class C misdemeanors? What the gently caress?

It carries up to 30 days here (not Maryland), but I have never seen anyone get jail time for it.

joat mon fucked around with this message at 01:28 on Dec 12, 2015

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Lol, Baltimore.

Toshimo
Aug 23, 2012

He's outta line...

But he's right!

blarzgh posted:

Lol, Baltimore.

Montgomery County is a suburb of DC, not Baltimore.

At best, you can LOL Annapolis since that's the actual capital of the state issuing all these dumb laws.

Baltimore, while dumb in other ways, has exactly nothing to do with this.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
Montgomery County, MD is perhaps best known for having some of the highest and most resilient real estate areas in the country. It's where princes build homes for when they need to host parties for folks from DC. A lot of folks and centers in HHS out there.

Discendo Vox fucked around with this message at 01:17 on Dec 13, 2015

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Look, I'm not a goddamn geologist.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

blarzgh posted:

Look, I'm not a goddamn geologist.

As you can see by this map, Montgomery County is defined by a large swathe of schist formations in its central region, but there are more interesting features toward the southeast, particularly a variety of pluonic systems that still need to be fully defined and explored.

The resources and services of the Maryland Geological Survey come recommended to neophyte geologists interested in Montgomery County's rich geological history.

Discendo Vox fucked around with this message at 02:46 on Dec 13, 2015

Bad Munki
Nov 4, 2008

We're all mad here.


blarzgh posted:

Look, I'm not a goddamn geologist.

blarzgh: tephrite ticket lawyer


e: hypothetical: having serious trouble deciding between tephrite ticket lawyer and trachyte ticket lawyer, plz advise

Bad Munki fucked around with this message at 03:08 on Dec 13, 2015

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
Trachyte- it's found in his jurisdiction, apparently (IANAG)

Bad Munki
Nov 4, 2008

We're all mad here.


Discendo Vox posted:

Trachyte- it's found in his jurisdiction, apparently (IANAG)

I like it, gneiss one.

PopeCrunch
Feb 13, 2004

internets

This thread rocks :)

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WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
I'm a lawyer in Montgomery County, MD. Just thought I'd throw that out there.

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