Legal Questions: I believe the problem is that they need a well, actually

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: I believe the problem is that they need a well, actually

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Motronic: Nov 6, 2009

SubjectVerbObject posted:

I don't have specific reasons except for the fact that they have pulled a lot of BS recently and the contract is huge when you look at the percentage of overall revenue.

Sounds like you're getting a pay raise if you put on your big boy pants and negotiate.

# ? Sep 16, 2016 03:18

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# ? Jun 5, 2024 05:57

Chuu: Sep 11, 2004; Grimey Drawer

Small claims court limit in Illinois is $10K. Can you file a case asking for $10K in damages when the real damages were slightly higher because the difference in costs is much less than a lawyer would cost? Do the courts look down on this?

# ? Sep 17, 2016 22:27

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

depends on if its a "damages" limit or an "amount in controversy" limit.

If its just damages, you can plead for only $10,000.00 and you're fine. If the limit is the amount in controversy, then no. I.e. the other side need only counterclaim for $1.00, and now the Court doesn't have jurisdiction, because the "amount in controversy" is $10,001.00.

# ? Sep 18, 2016 22:41

mastershakeman: Oct 28, 2008; by vyelkin

blarzgh posted:

depends on if its a "damages" limit or an "amount in controversy" limit.

If its just damages, you can plead for only $10,000.00 and you're fine. If the limit is the amount in controversy, then no. I.e. the other side need only counterclaim for $1.00, and now the Court doesn't have jurisdiction, because the "amount in controversy" is $10,001.00.

Also depends what county he's in. In Cook county I've had multiple cases where I point out that the amount claimed is well over the limit for that type of suit and the judge just shrugs and refuses to do anything. So ymmv

# ? Sep 18, 2016 23:19

sleepy.eyes: Sep 14, 2007; Like a pig in a chute.

Okay, non-hypothetical for once. My brother is getting sued for rear-ending someone at a low speed, got a police report and all that. Months later he randomly sees in the paper that he is getting sued in civil court and when we look into it, we see that 9 days ago the guy suing him sent out a request for Interrogatories 9 days ago. He hasn't gotten anything in the mail and it looks like he has 20 days to respond to them. He is now looking for a lawyer, but I just wanted to know if having about half the time elapse before he even finds out about it might be some kind of red flag. This is in Florida.

# ? Sep 19, 2016 03:19

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

sleepy.eyes posted:

Months later he randomly sees in the paper that he is getting sued in civil court

Red flag. There's a whole lot more story here.

# ? Sep 19, 2016 03:25

sleepy.eyes: Sep 14, 2007; Like a pig in a chute.

joat mon posted:

Red flag. There's a whole lot more story here.

I just found out about this 3 hours ago. He never mentioned it to me, but just brought up that he is getting sued at dinner. Looks like he payed about $1k to fix the dude's truck to keep it off his insurance. Is there anything I should be pointedly asking him or looking for in general?

# ? Sep 19, 2016 03:29

EwokEntourage: Jun 10, 2008; BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

You should see if his insurance will defend him. They might not, depending on duty to report and what not, but it might be worth a shot

How did you find out about the discovery

# ? Sep 19, 2016 04:45

sleepy.eyes: Sep 14, 2007; Like a pig in a chute.

EwokEntourage posted:

You should see if his insurance will defend him. They might not, depending on duty to report and what not, but it might be worth a shot

How did you find out about the discovery

Looked his name up on the County Clerk's website as soon as he told me. I'll prod him till he at least checks with his insurance about the whole mess, thanks.

# ? Sep 19, 2016 05:00

Javid: Oct 21, 2004

I feel like he's omitting the part where he dodged service of the suit which caused the other guy to resort to service by publication.

# ? Sep 19, 2016 07:36

pathetic little tramp: Dec 12, 2005; by Hillary Clinton's assassins; Fallen Rib

Had a little fun with this in the bad with money thread, feel the legal thread could enjoy. The following is what it looks like when internet legal experts sue someone, and it's also a nice trip through 'what people think will happen in court' vs 'what happens in court'. It's a long read, I'll bold the fun parts, but I'm quoting because it's on imgur of all places and you can only watch the gif of black dynamite saying 'you done hosed up' so many times:

quote:

So my aunt stole my PC...
Now I was living with her as I was going to college. not only was i paying for rent, but I was also doing maintenance on her house. As the semester went on I began to focus more on my classes than repairing her boat, and building her garden. I still paid rent, but apparently that was not good enough. Either way, I should have been on my own and not relying on family, but that is besides the point.

ANYWAYS she not only stole my PC, but my tools, my consoles, and basically everything I couldn't fit into a lovely mercury cougar.

She told me I need to produce receipts for everything if I am to get it back. Her boyfriend blocked me as she stole them and all I could do was record it on my cellphone.

See she did this in hopes to illicit a physical response from me. I'm not a small guy by any means, so if I where to physically take my stuff back she and her boyfriend would say I assaulted her. So recording it was all I had.
The video has her telling me I am to give her money to get back my things. And I telling her I have receipts and will be back with the police. The same video has me recording her taking more of my property and then when she realises she is on camera, assaulting me to try and take my phone. And then screaming at me to leave.

Let's add up the crimes she committed
Theft
Extortion
Assault
And she did not give me the state mandated 45 days minimum time to find a new place to live.

So I went to mommys with a car load of things, and the next morning called GameStop and had them email me my purchase history as every time I've bought anything from them, I've used my power up rewards card. It took some time as I didn't have an open case with the police yet.

Then I called Micro Center, where I built my PC, and the guy on the phone emailed me my receipt for the parts and the price it coat me to have the build it in 3 minuets.

I then drove to my old college where I had receipts for the tools I bought years ago to be an auto body technician.

I then went to the local PD and had an officer come with me to the property as I was not getting assaulted again, and police record of things is a good thing to have. All of my property was in the garage, everything but my PC, my tools, and my consoles. She lied claiming the items where in there. The officer helped me remove every item and noted the giant tool boxes where missing as well as my consoles and PC. The officer then told her I can come in and look for my PC and consoles. She responded with "He is not allowed on my property" and slammed the door on the officers face. Bad news as he kicked the door smooth off the hinges and kindly reminded her I'm allowed to come and go as I please to get my things for the next 45 days. Well I go in and my stuff in conveniently not there, what is there are dust rings from where they sat. When I told the officer that my property wasn't there, she claimed I must have broken in to take it back and wanted me arrested for breaking and entering. I told the officer that I refuse to come here without the police as she attacked me when I was here.

The officer told her to get my things, and she then said I gave them to her and she has witnesses to testify I gave them to her. He knew she was full of poo poo and told her to get my property as this is now theft. She said no again and that I will need to get a lawyer if I want any of my things back. The officer told me to get said lawyer and in a just a few weeks I did just that. I gave him the videos, the police reports and the receipts and am seeking $15,000 in damages and the safe return of my property as she needs to be punished for being a child and taking things that do not belong to her.

She gets served papers and looses her mind.

No one thought I would dare to stand up for myself, and the moment it became real that I am suing her, poo poo hit the fan.

So she gets a lawyer through her work, and is counter suing me. Her claim is that I left the property willingly, I have video to disprove that. She is claiming she never assaulted me, again video. And that she never stole my property. Not only do i have that on video, but I have police record of it. She is claiming she moved my stuff to her shed.

So she placed a $5000 PC in an environment that fluctuates between extreme heat and cold with massive amounts of humidity that is next to a pool filtration device that is leaking chlorine and causing corrosion to the metal items nearby. Well I'm glad she has that in writing to her lawyer as that's a big hole she dug.

She is also claiming I destroyed her boat, and owe her money for an attorney that I have no clue about.

She has played a professional victim for YEARS and gotten away with it as she has perfected the art of deception. Then again a woman in her 50s that is crying hysterically while shaking and hyperventilating can get away with anything in this state.

Doesn't matter, I have so much evidence against her that I am not worried about how much she is lying.

The 26th of August is the date.
WAR! I go to war on the 26th with this evidence to get back my things and punish someone who took away my ability to finish college as well as relax as gaming is my vice. No weed, no beer, just the gym and video games. It's been hard not playing. I missed the Overwatch hype, I'm missing No Man's Sky, and now Legion. But I get it all back in less that 13 days.

If it wasn't for my videos I would be hosed. Technology for the win!

So

- Obviously we're not getting the full story
- She committed extortion and assault! (But let's not press charges or anything)
- Officer Albert Einstein kicked the door clean off the hinges to protect this young man's inalienable right to a gaming PC, then stood up and clapped
- I'm such an unhinged lunatic that the aunt who's giving me a place to stay routinely breaks down in tears around me, but that's all an act I swear
- Remember that part about damage to her boat that he knows nothing about
- The piece de resistance: He's suing for the return of a ps3 and ps4 as well as a 5,000$ PC, plus $15,000 in damages. I'm guessing it's for the intentional emotional distress from having to have missed out on the release of No Man's Sky?
- I get it all back in 13 days because the court will see that I am right, arrest her on the spot for being an evil bitch, and magically produce my stuff!

So the day of court comes, how can he lose? He's got it all on video tape and he posted memes of Ed, Edd, and Eddy as well as Star Trek: TNG

quote:

She filed an official counter claim on me...

I mean, she can/could, but she had no evidence but her word, and the one witness (her boyfriend who helped take my stuff) she brought. She didn't even bring a lawyer. So I thought, "loving swish"....yeah...no...When it came time for me to present my case I went to the throat. How I busted my rear end t her house to fix her busted rear end house, boat, yard, camper, and what ever else the gently caress she demanded. And god loving forbid I take time off from her demands, or I was to get screamed at & told I can just leave. The judge interrupted me constantly and made sure to show his disdain to me and my claim. He questioned every dollar amount I gave, & questioned how legitimate anything i had to say was. In the battle of he said she said. I was losing.

She gives her description, complete with crocodile tears
I old my lawyer the day I met him to begin this lawsuit, "No one will believe me when she starts to lie. She will first begin to hyper ventilate. Then she will cry, & then we get to see the famous mini seizure as she lies her rear end off."

I called that poo poo DAY ONE! and just as sure as water is wet & the sun is hot, this bitch starts to do it in that exact order. The judge let her go uninterrupted in her bunk rear end story as she spun wondrous lie after lie.
she made up numbers for damages she claims I caused. She said I owe $5000 for a boat that she was having me work on. Well here is the funny thing in my state. As an unlicensed marine mechanic I am not responsible for your boat, I also did not sign a contract stating that any damages will be covered by me. The best part is. There is no damage. It's just disassembled. she claimed in court to be able to rebuild carbs & that the carburetor was the only problem, yet she told me the transom was bad, & water got into the engine oil, ect. ect. well in her counter claim she said the price was $6000. I also have her on video screaming it is $5000. - My lawyer made sure to point out how her numbers seem to change with each telling of her story

She said at the beginning of her speech that I was there to pay rent and or work on her house, boat, garden, and what ever else she could think of to pay rent. Then at the end changed it to I was working off paying her debt. - This was LITERALLY TEN MINUETS INTO HER poo poo! My lawyer ate that up. He pointed out again her inconsistency.

She made sure to add that all i did was steal food from her & her handicapped sister. I have no proof to counter this, and this had nothing to do with the case at hand, but the judge let her go on with her speech, uninterrupted. I was beginning to see this judges mind was made up the moment the trial started.

Then we get to where she never stole my things or kicked me out or assaulted me. Her claim here was that she came home and asked me why i was not working on her boat. (She came in literally screaming at me to loving get out of her house. I had a friend over and was playing DarkSouls 3. He felt uncomfortable, & so I took him home. Upon my return the door was locked and my key didn't work, & somehow this old rear end judge thinks it's impossible to change a lock in 15 min. I can do it in 5, & was willing to show him. So i went to get the cops to let me in to get my things.)

She claimed that not ONLY did she not take my property. She gave it all back the following Tuesday. (Not only was she lying there, I had a police report that stated "It became obvious after interacting with C******** that Mr. B*****'s property has been removed prior to his arrival" and this old mother loving judge waved it off like it was nothing.)

Then we have her wonderful claim that she never assaulted me. gently caress it...My lawyer handed the Judge his tablet & played the video of after the first assault when she threw my stuff to the ground after attacking me. It gets better when he shows the judge the next video of her walking away saying "when I get my money, you can get your things."

Then when i return I show the office where my computer once was as she is waddling around grabbing more of my things. When she sees she is on camera, attacks me. Then screams at me "GET YOUR poo poo! AND GET OUT OF HERE!"Now the judge is looking at her and asks, "You didn't kick him out?" Now my mind is running laps thinking I'm gonna win.

Yeah-nah...the judge asks if I would be willing to get my things that Friday. HELL YES!

She tells the judge she does not feel comfortable with me going to her house, & wants her son there...and not until 6pm...

Now we have new problems!

So I get there with a friend and a police escort. Her boyfriend and son whipped out there phones to record me, and drat it all, I had mine out and ready to take inventory. Well, first things first. WHERE IS MY GOD drat PC!? And as I am using a tiny little notebook to make this, I clearly didn't get it. I asked several times "Where is my PC? Where is my PS4? This is not all of my things. Where is the rest of it." I was told this is all i had there & I took the rest that Tuesday. I reminded them there is a police report that contradicts their claim & they where ordered to return it at 1030 that morning. Well, the officer there told me to get my things and leave or he was going to get me for trespassing. Of course I have it all recorded, its what i do. So I leave and take my things to my new place. Well, minus a PS4, PS3, and PC. Well, my mom calls and disowns me claiming all I do is poo poo on the family, & how dare I do this to them.

A few days later her son sends me a snap chat video that i recorded using my friends phone threatening to kill me for all this. [editor's note: I found this, it's just a dude saying stay the hell away from us you psycho]

Now we fast forward to now. The judge ordered that when i get my things to send an email to the curt letting them know what is going on & how it went. My lawyer made a DVD of all my videos & is sending him the email noting the police report, the prior video of her theft, her inconsistency in telling her story, her lack of evidence, & now the threat from her son....but here is where it goes south. My lawyer doesn't want to send the videos, but wants to instead indicate he has the videos & will send them if the stories are conflicting.
So this poo poo storm is not over yet...

The PC isn't the only thing I'm still missing
I am a HUGE LoZ fan. I had the GBA SP: Gold Zelda Edition
DS Lite: Gold Zelda Edition
3DS: OoT Black and gold
3DSXL: Black and Gold Link Between Worlds edition
3DSXL: Majoras Mask edition
I do still have my Triforce Heroes 3DSXL

Now my friends here in MN have been helping me any way they can. One of them won this little notebook at an auction for $31. He gave it to me temporarily until i get my PC back or build a new one. I can get my school work done on this until I get my stuff back together.

Some other friends invited me to the state fair to get my mind off of all this, & gave me the whole day to just smile and cry or what ever i needed to do. I had made a bunch of live feeds when i got home as I was going through my things. When i got to the part where my mom told me I am dead to her, I broke down and started crying, but kept going with the feed, and thanked all my friends for being my friends.
Another friend told me "Start a go fund me to get your PC rebuilt. What's the worst that could happen?"

i didn't want to at first, eventually I did.

I am not linking any hand outs.
I am not going to use this podium to give you a go fund me link. gently caress that. If you see it on there & want to toss a dollar at me, thank you, but I am going to do this my way. I can't attend college as i owe money for last semester. So I got 2 more jobs and intend on getting my poo poo back this way then. If she is made to pay, i will only get her garnished check, & that poo poo will take too long. I am not going to give up because my hosed family is mad i challenged the pecking order.
Thank you guys for waiting as long as you did. I can't express enough how much it means to me that y'all cared about a stranger enough to want to see where this poo poo show was going.

Now I may not be petty enough to link my Go Fund Me, but i am enough to link the YouTube video of the theft, & poo poo.

https://www.youtube.com/watch?v=jGAQ2QXVQSg

- Huh, when I went on a crazy rant, the judge just kept telling me to calm down and he dismissed my claim for $15,000 because there was no evidence, weird
- We now find out about the boat damages he didn't know about in part 1, she's suing him for $6000 because he disassembled the carburetor, ran the boat, and hosed the engine.
- His counterargument is "Well I'm not a licensed mechanic! And disassembling vital parts isn't damage!"
- The judge is tired of all this poo poo and just says "Okay just go get your missing stuff on Friday"
- Officer Einstein doesn't show up this time and after 20 minutes of white trash arguing about a gaming PC, he tells our intrepid hero to get out or get arrested, he's got poo poo to do
- I'M ALSO MISSING MY ZELDA GAMES DAMMIT
- The video of the 'assault' is him calling his aunt a psychotic bipolar rear end bitch and then standing around morosely while she tells him to get the gently caress out, with bonus sovcit level 'do not assault me!'
- Dude absolutely should've linked his gofundme, every comment is on his side like 2004 GBS; he'd have made enough money for all the Zelda he could ever buy.

So, not to give legal advice, but to give life advice: If someone takes your stuff, don't get in a huff! The dude probably legitimately lost his gaming PC and poo poo and would like it back, whether he's a lovely tenant who broke her boat or not, and she's probably done some dumb poo poo like either kept it or maybe sold to recompense for what she felt were damages he caused to her boat. In the end the law is not a magic wand, and in civil issues with local judges it's much more important to be polite than it is to be right.

Also, if your damages are two gaming consoles and a PC, don't sue for 15,000 dollars or the judge will instantly zero in on your bullshit.

edit: added the link: http://imgur.com/gallery/8wytV

pathetic little tramp fucked around with this message at 14:12 on Sep 19, 2016

# ? Sep 19, 2016 14:03

EwokEntourage: Jun 10, 2008; BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

quote:

My lawyer doesn't want to send the videos, but wants to instead indicate he has the videos & will send them if the stories are conflicting.

Jeez I wonder why

# ? Sep 19, 2016 16:40

xxEightxx: Mar 5, 2010; Oh, it's true. You are Brock Landers!; Salad Prong

The dreaded crocodile tear defense, it's like an instant win button in any court of law, in surprised the Internet didn't tell him the only way to beat that is to employ the everyone-in-the-gallery-stood-and-clapped-for-me counter move.

# ? Sep 19, 2016 20:47

sleepy.eyes: Sep 14, 2007; Like a pig in a chute.

Okay, the situation seems to be sort of resolved. The guy apparently is fighting with his own insurance and this poo poo he's been doing is just an attempt to put pressure on/gently caress with my brother, according to his lawyer. It seemed hinkey because it was; my brother really was never served anything. Dude's blowing smoke, for now.

# ? Sep 19, 2016 22:58

Trillian: Sep 14, 2003

Just posting this here in case someone can help this poor Redditor with his lawsuit.

(OR) Wondering if I can take an obnoxious small-town cop to court over an illegitimate traffic stop. posted:

About a month ago, I was driving through a crowded park in Oregon, keeping up with traffic when I was suddenly pulled over by a truck with flashing lights. The deputy claimed his reasons for pulling me over were that I was speeding and that I was looking down at my cell phone, a violation of ORS 807.511.

As far as speeding goes, it's important to understand that he never got me on radar. He had no proof that I was speeding other than that "he had training in RADAR and LIDAR" and was legally empowered to pull someone over for speeding without a radar reading. I'm having a hard time believing this, but he never even listed in on the final citation so I'm not sure it matters. He also claimed that the speed limit was 5 mph, although we drove through the length of the park later and never found a sign that stated the speed limit was lower than 20 mph. Ridiculous.

As far as the phone usage goes, the officer admitted that he never saw my phone in my hand. He saw me looking down for a moment, and therefore he assumed that I was texting. I told him that I wasn't on my phone, but perhaps that I had glanced at my navigation turn signals. Either way, he has no way to prove that I was even looking at my phone at all. This is where I think I can get the guy: I looked up precedent on ORS 807.511 and found this - http://www.publications.ojd.state.or.us/docs/A156353.pdf. It's a trial from last summer about a woman who was pulled over because she seen by an officer looking down, with a light coming up from her lap. The traffic court agreed with her contention that the officer did not have objective cause to pull her over, and the state lost its appeal. Without any visual confirmation that I was texting or talking on my phone, or even visual confirmation of a phone at all, it seems like he would not have probable cause to pull me over. He ended up giving me a warning for this infraction as well.

I was eventually cited for Failure to Carry Registration, which I can prove wasn't my fault because the OR DMV had messed up its records. I had paid all my fees when I bought my car a year and a half ago (I have written DMV paperwork to confirm this) but the DMV put a freeze on my title and registration because they thought I still owed them a $38 county fee. I was never issued a registration in the first place, although I proved my car was registered because I had proof of insurance.

He also cited me for Operation of Motor Vehicle No Drivers License. This seems unfair to me, as I had yet to decide if I was going to live in OR full time after I graduated in May. All residents are required to get an OR license after 30 days of residency, however I was in and out of town all summer and only just recently signed a lease confirming my residency here a few weeks ago. I did not know of this rule, as I was never required to get an OR license as an out-of-state college student. I've since taken the test and received an Oregon license.

So, my question is whether or not I should take this deputy to court, because I feel confident he did not have probable cause to pull me over, or whether I should plea no contest and hope that the judge will reduce or dismiss my fines due to the circumstances surrounding the infractions I was cited for. Any and all advice is welcome, thank you all! My first post on Reddit ever!

# ? Sep 20, 2016 07:18

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Wow, what a dipshit.

Edit: No, I didn't have a registration or drivers license, and I was speeding and I was looking at my phone, BUT

# ? Sep 20, 2016 15:08

xxEightxx: Mar 5, 2010; Oh, it's true. You are Brock Landers!; Salad Prong

The always successful 'I broke the law but its okay and here's why' defense.

# ? Sep 20, 2016 18:19

pathetic little tramp: Dec 12, 2005; by Hillary Clinton's assassins; Fallen Rib

pathetic little tramp posted:

Also, if your damages are two gaming consoles and a PC, don't sue for 15,000 dollars or the judge will instantly zero in on your bullshit.

edit: added the link: http://imgur.com/gallery/8wytV

He finally posted part 3, get ready for a BIG SURPRISE!

quote:

We have been waiting too long...
So on August 26th I fought to get my things back and I kept you all in the loop when I had a breakthrough. We know I did not get my things back. We know that my aunt lied about it, & continues to lie about it. We know I was waiting for the judge to FINALLY make a decision.....

At 9:38 am (Eagan MN) I was told I had lost...
I was told that the news I was about to hear I was not going to like. The judge that I said was clearly biased sided with her and this became a wash. He decided she only owed me $500 and I owed her $500. this means she still has my PC, my PS4, all of the gadgets for said items. My collectors edition handhelds, & any other item she kept that I haven't mentioned. So she won. She got what she wanted. My property. I have nothing now.

In an attempt to get the money i need fast I started working 2 jobs.
I work 2 jobs, 7 days a week now. Well, I have been for the last month as I need to get the money together to build a new PC and get back into school. From 6am-10:30pm i am working. 6-4 at job a, and 5-1030 at job b. I am always exhausted, but I cant stop. I need this PC for classes. The networking. The video and audio editing. The work I was doing on it. All gone because of that loving oval office.

I wanted to give you guys the glorious win we expected.
Now i am here struggling more than before. Some people expected this to end with a nessy joke. or some kind of epic troll, & god drat it if I wish that was the case now. Some said for me to survive, & I didn't. I died at that moment. Others told me to ask for help from the world. That maybe as a community we could come together for me. I chose the 2 jobs because i didn't want to ask for help. I wanted to make this on my own...but I just can't...I am trying, but it's so loving hard.

I am begging at this point for any help. You don't HAVE to though.
You guys got me to most viral, & front page the same day. #1 on the day i posted the first part of this poo poo show. You've all done so much by just reading this, & talking with me. I started a GoFundMe to try and get the money faster to build my PC. I am saving the money on my own already, but any help would be neat. Again, you don't have to. I'm already busting my rear end to make this happen on my own. I know I'm rambling..I'll stop. Just...Thank you all for staying with me for so long in this.

the beginning http://imgur.com/gallery/8wytV
the middle http://imgur.com/gallery/88tni

That's it...That's the poo poo show that is my family. Thank you all again for this. For the words of hope, & encouragement. I am so sorry this was not the fairy tail ending we wanted. Live free, & die well. I'll be busy for the next few months. I love you all.

The request for help: [b][editor's note: LINK REMOVED OF COURSE][/b]

Again, NO ONE HAS TO GIVE ME A DIME. If you do, I will take the time to thank you personally...well as personally as the internet allows without it being inappropriate. I will also post a 4th update when I have it built. I will also give a shout to every single person who may help me.
Again, you don't have to help me. You've all done so much by just talking with me when I give my updates. Thank you all again. I love you all, so much.

Well at least he's taking this loss in stri-

# ? Sep 22, 2016 19:11

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

xxEightxx posted:

The always successful 'I broke the law but its okay and here's why' defense.

Silly pro per, that defense is for cops.

# ? Sep 22, 2016 19:14

Ham Equity: Apr 16, 2013; The first thing we do, let's kill all the cars.; Grimey Drawer

I, for one, am shocked he ended up asking for money. Definitely didn't see that coming. Total surprise.

# ? Sep 22, 2016 19:20

pathetic little tramp: Dec 12, 2005; by Hillary Clinton's assassins; Fallen Rib

Thanatosian posted:

I, for one, am shocked he ended up asking for money. Definitely didn't see that coming. Total surprise.

He also hosed up by waiting until round 3 to ask imgur for money after his first two were frontpage 'you have my sword' style popular. His gofundme has raised a total of 35 clams.

# ? Sep 23, 2016 20:51

Ham Equity: Apr 16, 2013; The first thing we do, let's kill all the cars.; Grimey Drawer

pathetic little tramp posted:

He also hosed up by waiting until round 3 to ask imgur for money after his first two were frontpage 'you have my sword' style popular. His gofundme has raised a total of 35 clams.

Definitely should have done what most people do and mentioned it without paying it, waited until someone asked him to post it, then posted it. Works every goddamn time.

# ? Sep 24, 2016 08:18

mossyfisk: Nov 8, 2010; FF0000

Jeez if goons INSIST on sending me money for this unverifiable but emotionally inspiring tale I guess I have NO CHOICE but to post my paypal~

# ? Sep 24, 2016 14:59

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

I'm NOT asking for money. Here is where you can give me money but to repeat, you don't have to give me money. I am a survivor and will get through this on my own by working two jobs and not playing any Nintendo for weeks, in no way am I looking for a handout. I need money and here is the way you can, with the click of your mouse, deposit money into my account. But only if you want to.

# ? Sep 24, 2016 15:03

xxEightxx: Mar 5, 2010; Oh, it's true. You are Brock Landers!; Salad Prong

nm posted:

Silly pro per, that defense is for cops.

# ? Sep 24, 2016 20:59

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

nm posted:

Silly pro per, that defense is for cops.

Yea this was good

# ? Sep 24, 2016 21:21

ThirstyBuck: Nov 6, 2010

Hey legal goons/ettes,
Many pages ago I asked for your help with attorney selection for a medical malpractice/wrongful death case. I'm mostly hay with the firm that I've chosen for thanks again for the help. The trial for the case is scheduled soon and there is mitigation scheduled for this month. What can I expect from the mitigation process and what should I do to prepare? As I understand it, it is mostly in everybody's (claimant/defendant/firms) best interest to settle out of court and that something like 80%ish of cases are settled this way so I'm anticipating that this one will as well. It seems like if the case does go to a trial that both sides essentially lose control of what is happening as it will be determined by the jury - which makes everyone nervous.

Basically, I guess what I would like to know is how willing are firms, generally, to go to trial in face of the added expense/risk vs. potential reward. I assume that they would rather play it safe and take a lower offer with guaranteed cash for them.

Thanks in advance and I hope that these questions make sense.

# ? Sep 25, 2016 22:17

Kalman: Jan 17, 2010

Any settlement will require your approval, not just your firm's, so it's in their interest to present a settlement you'll be happy with.

You should talk to your lawyer about what you're willing to take to avoid the risk of trial, and of what that risk is. (Note also that trial increases costs - if they're on contingency it may not matter but it may bite into your recovery depending on fee structure.)

# ? Sep 25, 2016 22:41

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

I think you mean mediation, not mitigation.

Just keep in mind that everyone is playing a role at mediation with the goal of maximizing their benefit. Chances are the defendants want to settle but you should trust that your lawyers know the value of the case and are honest with you about the chances of success.

It seems like this has moved pretty quickly for you to get to mediation, but medmal cases can be a little unusual. Remember that settlements usually involve compromise, and usually both sides feel like the settlement isn't great--defendants want to pay less and plaintiffs feel like they should have been paid more. But settlement is usually in everyone's best interest. Trials are stressful for litigants and fairly unpredictable after a certain point.

# ? Sep 26, 2016 01:51

Leviathan Song: Sep 8, 2010

I'm looking into renting out a house in Oklahoma City on airbnb/vrbo and trying to figure out the legal requirements to do so. This is not my residence. They have great guidance for if you are renting out a room in your own residence:
https://www.okc.gov/departments/finance/taxes/home-sharing-requirements
There is also guidance on legal requirements for operating a hotel which does not seem to apply since it is only one single house:
https://www.okc.gov/departments/development-services/business-licensing/business-licenses/hotel-motel-license

There doesn't seem to be anything that covers renting one single residence except if the standard Oklahoma state landlord tenant act applies. The landlord tenant act specifically says that it does not apply to transient housing including hotels. I can't find a specific definition of transient housing for Oklahoma but other states seem to indicate that as long as the unit includes a separate kitchen and bathroom and the tenancy is at least 6 nights it is not transient housing.

Assuming that I rent it out for no less than 6 nights at a time would I be able to fall under the standard landlord tenant act and avoid rezoning as a hotel? It doesn't seem impossible to get the zoning changed as there are lots of R-3 and R-4 zoned lots within the neighborhood, it's just a lot of added expense and hassle if it's not necessary.

# ? Sep 26, 2016 17:00

Mr. Nice!: Oct 13, 2005; bone shaking.
soul baking.

If you're going to use your rental as a hotel you should probably get it registered as a hotel instead of trying to skirt around the edge of laws. You leave yourself open for a lot of liability and may very well end up getting screwed by renters, the state, or both.

# ? Sep 26, 2016 17:42

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Are you trying to sublet someone else's house? The right to receive rents from a piece of real estate belongs to the owner of the real estate by default.

# ? Sep 26, 2016 17:51

Leviathan Song: Sep 8, 2010

Mr. Nice! posted:

If you're going to use your rental as a hotel you should probably get it registered as a hotel instead of trying to skirt around the edge of laws. You leave yourself open for a lot of liability and may very well end up getting screwed by renters, the state, or both.

I'm honestly trying to figure out what set of rules the rental falls under. If I'm actually operating a hotel and try to follow landlord tenant rules I'm subject to a significant fine. If I'm actually operating a single family rental and try to follow the hotel rules I open myself up to legal judgments by not following the landlord tenant act. The section of code for hotels says that it applies to, "any hotel, motel, camp or other place at which is located two or more houses, huts, cabins, individual dwelling units or other forms of shelter." Meanwhile the landlord tenant act says that it doesn't apply to "transient housing." Is one unit transient housing exempt from all rules? Sounds great but I kind of doubt it.

blarzgh posted:

Are you trying to sublet someone else's house? The right to receive rents from a piece of real estate belongs to the owner of the real estate by default.

I own the house.

# ? Sep 26, 2016 18:07

ThirstyBuck: Nov 6, 2010

Phil Moscowitz posted:

I think you mean mediation, not mitigation.

Yes, sorry about that. I meant mediation. Thanks for the feedback.

# ? Sep 26, 2016 18:17

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Leviathan Song posted:

I own the house.

Ok, I saw "this is not my residence."

Also, heads up, because this:

http://newsok.com/article/5442044

and this:

http://kgou.org/post/gig-economy-businesses-uber-airbnb-complex-revenue-source-oklahoma-city#stream/0

quote:

In order to legally regularly operate as a commercial business in a residentially zoned area, Johnson said, a homeowner has to purchase a $2,700 special permit. An Airbnb participant qualifies as a commercial hotel under city ordinances; a building with five bedrooms brings the operation under fire marshal codes as well as Americans with Disabilities Act regulations.

Edit: goddamn Okie, try not to sound so dumb, lol:

blarzgh fucked around with this message at 18:35 on Sep 26, 2016

# ? Sep 26, 2016 18:33

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

blarzgh posted:

Edit: goddamn Okie, try not to sound so dumb, lol:

# ? Sep 26, 2016 18:36

Mr. Nice!: Oct 13, 2005; bone shaking.
soul baking.

Leviathan Song posted:

I'm honestly trying to figure out what set of rules the rental falls under. If I'm actually operating a hotel and try to follow landlord tenant rules I'm subject to a significant fine. If I'm actually operating a single family rental and try to follow the hotel rules I open myself up to legal judgments by not following the landlord tenant act. The section of code for hotels says that it applies to, "any hotel, motel, camp or other place at which is located two or more houses, huts, cabins, individual dwelling units or other forms of shelter." Meanwhile the landlord tenant act says that it doesn't apply to "transient housing." Is one unit transient housing exempt from all rules? Sounds great but I kind of doubt it.

I own the house.

If you're operating it as a hotel (which is what you're doing) you need to follow hotel laws. My recommendation is to talk to whoever does hotel licensing about how to approach this since they'll certainly have dealt with this.

If you can't get licensed as a hotel because it's a single unit, then there currently is no legal way for you to use airbnb in that location. You're opening yourself to a potential world of hurt if you choose to operate without a hotel license.

Edit: See two posts for pertinent info.

Mr. Nice! fucked around with this message at 18:46 on Sep 26, 2016

# ? Sep 26, 2016 18:37

Leviathan Song: Sep 8, 2010

blarzgh posted:

Ok, I saw "this is not my residence."

Also, heads up, because this:

http://newsok.com/article/5442044

and this:

http://kgou.org/post/gig-economy-businesses-uber-airbnb-complex-revenue-source-oklahoma-city#stream/0

Edit: goddamn Okie, try not to sound so dumb, lol:

I saw that which is why I brought up the change of zoning. It abuts on commercial and multi-family properties which are common in the neighborhood. It's entirely possible that I can simply get it rezoned, I just wanted to make sure it's necessary before I go that route. I think a one time request to rezone is actually a lot more practical than a yearly license like that with potential for the requirements to continually change and new neighbors to mount new objections. The zoning application requires a fee of $1800 and about three months processing time, none of which is too bad considering that it would be a permanent solution.
Operating as a hotel does have it's own legal advantages since I wouldn't have to deal with eviction proceedings if it's an officially registered hotel. They would just be trespassing if they refused to leave at the end of the rental.

# ? Sep 26, 2016 18:53

Mr. Nice!: Oct 13, 2005; bone shaking.
soul baking.

I think whatever you need to do to get properly hotel licensed is what you should do just from a liability and insurance standpoint.

# ? Sep 26, 2016 19:00

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# ? Jun 5, 2024 05:57

Leviathan Song: Sep 8, 2010

Mr. Nice! posted:

I think whatever you need to do to get properly hotel licensed is what you should do just from a liability and insurance standpoint.

That's what I'm going to do. Thanks for the outside perspective that this is a hotel. If the zoning is turned down, I'll just make a bit less money renting it out as a year long lease rental property.

# ? Sep 26, 2016 19:07

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: I believe the problem is that they need a well, actually

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