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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Grumpwagon: May 6, 2007; I am a giant assfuck who needs to harden the fuck up.

PoorUser posted:

I'm in WA state, if this helps answer my question.

I went through some health problems last year and ended up getting a credit card I only owed like $330 on closed and sent to collection/chargeoff. I haven't paid anything on it.

The credit card was through Capital One. I opened a checking account at Capital One 360 today and was going to put some money in there. My question is: If I put money into the 360 checking account could they potentially take the money out of the checking account to satisfy the Capital One Credit Card debt?

I am not sure if its even the same institution, perhaps just owned by the same "Capital One" holding company. And the credit card is no longer active with them. It was closed by them/charged off and sent to collections.

The term you're looking for is "Right of Offset."

I collected credit cards for a bank (as an employee of the bank), and we were not allowed to offset personal accounts. Credit unions can, but banks cannot. We could on business accounts though. This was 4 years ago and in the midwest, so maybe things are different in WA. Google right of offset WA, hopefully you'll get more info. My guess is you're fine, but if it were my money, I'd want to look in to it more.

# ? Feb 14, 2017 19:57

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# ? Jun 3, 2024 15:47

CarForumPoster: Jun 26, 2013; â¡POWERâ¡

I have a sorta silly abstract question I am hoping you guys can make concrete.

When talking about a very complicated physical invention, how much fidelity is needed to be considered "reduced to practice"?

For example, I'm building an airplane which has a skin, and the plane can do all of these various functions and requirements that make it novel such that I can completely describe it down to its subsystems, but some of the subsystems may have not been made yet. An example would be, my plane is novel because you can communicate with it from extra far away because of some integrated antenna thing in the skin that the math works out for but no prototype or model has been made beyond the math. Because of this skin laden antenna the fuel efficiency and communications are better.

Can I patent this plane?

Is that considered reduced to practice?

# ? Feb 16, 2017 23:26

ulmont: Sep 15, 2010; IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

CarForumPoster posted:

When talking about a very complicated physical invention, how much fidelity is needed to be considered "reduced to practice"?

Enough to convince the patent office that your patent application satisfies the enablement and written description requirements; filing such a patent application is a "constructive reduction to practice."

To show that you have actually reduced an invention to practice, you have to show:

(1) the party constructed an embodiment or performed a process that met every element of the [patent claim], and
(2) the embodiment or process operated for its intended purpose.

See generally MPEP 2138.

Note that reduction to practice is less important under our current first inventor to file regime.

# ? Feb 16, 2017 23:47

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

Yeah you don't need to actually make a throng to file a patent on it, just have to be able to describe it clearly and in a manner such that others in your field could build it if they wanted

# ? Feb 17, 2017 00:04

in a well actually: Jan 26, 2011; dude, you gotta end it on the rhyme

The "Just a prank" defense, now for regicide https://www.theguardian.com/world/2...ce-kim-jong-nam

# ? Feb 17, 2017 18:10

Jibo: May 22, 2007; Bear Witness; College Slice

I'm in Ohio and found out yesterday that my employer has decided it is not going to pay its employees' health insurance premiums this year. I've spent the last day trying to get them to pay it or at the very least give me the money they have been withholding from my check to pay my half but so far it looks like they are refusing to do either one.

Do I have to take them to court to get this money? It's only ~$600 and I'm not really sure it's worth the hassle but I'm not really down with just letting my (admittedly quite shady) employer just make off with my hard earned bucks.

# ? Feb 18, 2017 00:08

CarForumPoster: Jun 26, 2013; â¡POWERâ¡

Jibo posted:

I'm in Ohio and found out yesterday that my employer has decided it is not going to pay its employees' health insurance premiums this year. I've spent the last day trying to get them to pay it or at the very least give me the money they have been withholding from my check to pay my half but so far it looks like they are refusing to do either one.

Do I have to take them to court to get this money? It's only ~$600 and I'm not really sure it's worth the hassle but I'm not really down with just letting my (admittedly quite shady) employer just make off with my hard earned bucks.

No ideabut we have a very active Resume, LinkedIn and Negotiation thread in BFC.

# ? Feb 18, 2017 00:24

Jeb Bush 2012: Apr 4, 2007; A mathematician, like a painter or poet, is a maker of patterns. If his patterns are more permanent than theirs, it is because they are made with ideas.

CarForumPoster posted:

No ideabut we have a very active Resume, LinkedIn and Negotiation thread in BFC.

uh what does that have to do with blatant wage theft

# ? Feb 18, 2017 01:02

CarForumPoster: Jun 26, 2013; â¡POWERâ¡

Jeb Bush 2012 posted:

uh what does that have to do with blatant wage theft

It deals with the aftermath.

# ? Feb 18, 2017 01:36

Hot Dog Day #91: Jun 19, 2003

Yeah like - you cannot work there. They lied to you and stole your money.

# ? Feb 18, 2017 03:59

Javid: Oct 21, 2004

If you sue them your tenure there is likely at an end.

# ? Feb 18, 2017 04:23

evilweasel: Aug 24, 2002

Hot Dog Day #91 posted:

Yeah like - you cannot work there. They lied to you and stole your money.

Also they are going bankrupt most likely.

# ? Feb 18, 2017 04:33

Finagle: Feb 18, 2007; Looks like we have a neighsayer

I hope some smart legal person is up right now and bored.

I need to talk to someone (pref PMs). I need advice about divorce. I'm not asking what to file, or anything like that. We have a child and I'm more looking to ask "what are mistakes I should avoid", what things that can be used against me when it comes to custody.

To answer the guideline questions:
1) Jurisdiction: Ohio
2) Active Lawsuit/Court Involvement: No
3) No lawyer yet. Earliest I can get in to talk to one is wednesday, and things are likely to come to a head in about 6 hours.

Please drop me a line if you can answer a few questions, I'd appreciate it

# ? Feb 18, 2017 07:06

FrozenVent: May 1, 2009; The Boeing 737-200QC is the undisputed workhorse of the skies.

Jeb Bush 2012 posted:

uh what does that have to do with blatant wage theft

You're not gonna get your $600 back*, and you should find a new job ASAP.

*It'll take significant effort, and in all likelihood if you do get it back (read: They don't declare bankruptcy) you won't have a job at the end of the show.

# ? Feb 18, 2017 07:20

Hot Dog Day #91: Jun 19, 2003

Finagle posted:

I hope some smart legal person is up right now and bored.

I need to talk to someone (pref PMs). I need advice about divorce. I'm not asking what to file, or anything like that. We have a child and I'm more looking to ask "what are mistakes I should avoid", what things that can be used against me when it comes to custody.

To answer the guideline questions:
1) Jurisdiction: Ohio
2) Active Lawsuit/Court Involvement: No
3) No lawyer yet. Earliest I can get in to talk to one is wednesday, and things are likely to come to a head in about 6 hours.

Please drop me a line if you can answer a few questions, I'd appreciate it

Well it's been more than six hours, so hopefully you're still alive. Maybe someone dm'd you.

If you're in danger (or your kid or spouse) call the police not a lawyer. We can only get you pieces of paper, and sometimes we can get a cop to enforce the piece of paper.

I'm not in Ohio so i can't help you.

# ? Feb 18, 2017 15:06

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

Finagle posted:

I hope some smart legal person is up right now and bored.

I need to talk to someone (pref PMs). I need advice about divorce. I'm not asking what to file, or anything like that. We have a child and I'm more looking to ask "what are mistakes I should avoid", what things that can be used against me when it comes to custody.

To answer the guideline questions:
1) Jurisdiction: Ohio
2) Active Lawsuit/Court Involvement: No
3) No lawyer yet. Earliest I can get in to talk to one is wednesday, and things are likely to come to a head in about 6 hours.

Please drop me a line if you can answer a few questions, I'd appreciate it

"Don'ts"
- Start having an affair and sending pics of your genitals to a russian teenager
- Punch or Kill anybody
- Do anything insane

Do's
- Have your consult ASAP.

Edit: BTW, any texts you send or internet posts (SA, Twitter, RussianTeens.net) will potentially be discoverable in the divorce.

blarzgh fucked around with this message at 19:19 on Feb 18, 2017

# ? Feb 18, 2017 19:15

spacetoaster: Feb 10, 2014

blarzgh posted:

Edit: BTW, any texts you send or internet posts (SA, Twitter, RussianTeens.net) will potentially be discoverable in the divorce.

Out of curiosity how does that work? Does the court order you to hand over all your email/forum/whatever accounts and you do it? Or do they get with every business your email has an account with and order them to hand over everything?

# ? Feb 19, 2017 01:21

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.

spacetoaster posted:

Out of curiosity how does that work? Does the court order you to hand over all your email/forum/whatever accounts and you do it? Or do they get with every business your email has an account with and order them to hand over everything?

Couple way. You can make a discovery request on the other side to produce it. You can subpoena the companies or ask the court to compel the other side to produce it. You can screenshot their facebook page or whatever and call it party admissions, etc

# ? Feb 19, 2017 01:40

Hot Dog Day #91: Jun 19, 2003

Trademark guys: could Trump actually trademark "winter white house" or "southern white house?"

# ? Feb 19, 2017 02:25

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

Hot Dog Day #91 posted:

Trademark guys: could Trump actually trademark "winter white house" or "southern white house?"

gut feeling says descriptive so he'd have to show acquired secondary meaning and man idk but doubtful?

# ? Feb 19, 2017 02:57

Finagle: Feb 18, 2007; Looks like we have a neighsayer

blarzgh posted:

"Don'ts"
- Start having an affair and sending pics of your genitals to a russian teenager
- Punch or Kill anybody
- Do anything insane

Do's
- Have your consult ASAP.

Edit: BTW, any texts you send or internet posts (SA, Twitter, RussianTeens.net) will potentially be discoverable in the divorce.

Thanks for the responses. No one is in danger. I'm going to talk to a lawyer on monday, I just was upset and hoping to get some (semi)answers before then.

I'm a negatory on all the Don'ts, and am in the process of the Do, so I should be good.

Interesting about the text/posts though. I didn't realize that. Or I didn't realize it would be a thing if there weren't accusations of cheating flying around (which again, isn't the case). Good to know.

Thanks all, and I'll wait till monday.

# ? Feb 19, 2017 04:41

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.

Finagle, be aware that this discovery potential includes your username/av/text.

# ? Feb 19, 2017 06:04

Kalman: Jan 17, 2010

WhiskeyJuvenile posted:

gut feeling says descriptive so he'd have to show acquired secondary meaning and man idk but doubtful?

Also some potential issues with 18 USC 712. I could also see an argument it's a problem under 1052(b) as an attempt to register an insignia of the US, maybe?

Finally, since a prerequisite of registration is use in commerce, it'd be prima facie evidence of an intent to profit off his position which might be a problem if anyone ever brings an ethics case.

(And I'd say it at least arguably violates the prohibition in 1052(a) against registrations that may bring institutions or national symbols into contempt or disrepute.)

# ? Feb 19, 2017 08:04

Hot Dog Day #91: Jun 19, 2003

Discendo Vox posted:

Finagle, be aware that this discovery potential includes your username/av/text.

Judge: *checks avatar* spouse gets the kids.

# ? Feb 19, 2017 15:46

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.

Hot Dog Day #91 posted:

Judge: *checks avatar* spouse gets the kids.

# ? Feb 19, 2017 20:13

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

Discendo Vox posted:

Uhh yea no. The judge has no jurisdiction over this free man, only the corporate form attached to the freeman at birth. Checkmate democracy.

# ? Feb 19, 2017 20:17

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

spacetoaster posted:

Out of curiosity how does that work? Does the court order you to hand over all your email/forum/whatever accounts and you do it? Or do they get with every business your email has an account with and order them to hand over everything?

Yes, and yes. Its discovery; nearly everything is on the table, unless it isn't. And if the Judge finds out you're hiding something, WHAM, you're in contempt of Court, and probably have to pay money sanctions to the other side, or, if its egregious enough, sit in jail a little while to think about what you did.

Discendo Vox posted:

*Judge checks avatar
"P.Barnes; taser, please."

# ? Feb 19, 2017 20:22

Hot Dog Day #91: Jun 19, 2003

I hope I get tased by p. Barnes one day.

# ? Feb 19, 2017 22:31

Subjunctive: Sep 12, 2006; ✨sparkle and shine✨

Border/liability question:

Let's say I (not a US national) am stopped at the border, and told to unlock my phone or laptop. Let's further say that whichever device contains confidential information from a third party, and that disclosure of it was harmful to them. If I consent to the search, rather than refusing and sitting in custody until they do or don't give me access to counsel, can I or my firm be held liable for any damages related to the disclosure?

# ? Feb 20, 2017 01:55

Bad Munki: Nov 4, 2008; We're all mad here.

Pro tip: only bring burners when traveling to or from the US.

# ? Feb 20, 2017 02:04

Subjunctive: Sep 12, 2006; ✨sparkle and shine✨

I need to do work while I'm in the US, but they can just ask for gmail/FB/etc logins anyway right?

I'm acquiring hardware for Full China Mode, though, yeah.

# ? Feb 20, 2017 02:13

jiffypop45: Dec 30, 2011

I can give more details if needed but, on the county case tracker I saw my case had been updated to the following:

code:

<insert future date> DISMISSAL FOR WANT OF PROSECUTION 
Judicial Officer
<insert judges name>

Hearing Time
<insert time>

Comment
1ST SETTING ON DWOP - DEFT HAS NOT BEEN SERVD - MLD NTC TO PLNTF ATTY

Any idea what this means? It sounds pretty damning, did something bad happen? The case is a trivial administrative one and not criminal in any nature.

# ? Feb 20, 2017 02:55

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.

jiffypop45 posted:

I can give more details if needed but, on the county case tracker I saw my case had been updated to the following:
code:
<insert future date> DISMISSAL FOR WANT OF PROSECUTION 
Judicial Officer
<insert judges name>

Hearing Time
<insert time>

Comment
1ST SETTING ON DWOP - DEFT HAS NOT BEEN SERVD - MLD NTC TO PLNTF ATTY
Any idea what this means? It sounds pretty damning, did something bad happen? The case is a trivial administrative one and not criminal in any nature.

I assume you are plaintiff? It means your case is going to be dismissed because you or your lawyer has not done anything with the case. Specifically, they are saying you filed the case but never had the defendant served.

Are you acting pro se or do you have an attorney

Edit: it says it mailed notice to your attorney. Call your attorney and ask him what's going on, either he made a mistake and thought it had been served or he forgot, or he's an idiot

# ? Feb 20, 2017 02:58

jiffypop45: Dec 30, 2011

Alright, that makes me feel better. I'll call her tomorrow! I was freaked out something turned up on my criminal record I somehow didn't know about.

Interestingly I noticed a case or two prior to mine with the same lawyer had similar language (though slightly different as they were with different courts).

jiffypop45 fucked around with this message at 03:02 on Feb 20, 2017

# ? Feb 20, 2017 03:00

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.

That is not a good sign. Your lawyer should not be letting her cases get dwop'd

# ? Feb 20, 2017 03:06

jiffypop45: Dec 30, 2011

EwokEntourage posted:

That is not a good sign. Your lawyer should not be letting her cases get dwop'd

Looks like it's just the one prior to mine. I feel much better since it sounds like it doesn't have anything to do with anything lacking on my part.

Edit: One more question, what's an NTC?

jiffypop45 fucked around with this message at 03:24 on Feb 20, 2017

# ? Feb 20, 2017 03:14

Javid: Oct 21, 2004

jiffypop45 posted:

I can give more details if needed but, on the county case tracker I saw my case had been updated to the following:
code:
<insert future date> DISMISSAL FOR WANT OF PROSECUTION 
Judicial Officer
<insert judges name>

Hearing Time
<insert time>

Comment
1ST SETTING ON DWOP - DEFT HAS NOT BEEN SERVD - MLD NTC TO PLNTF ATTY
Any idea what this means? It sounds pretty damning, did something bad happen? The case is a trivial administrative one and not criminal in any nature.

Do real actual courts seriously issue communications in txtspk?

# ? Feb 20, 2017 03:15

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.

jiffypop45 posted:

Looks like it's just the one prior to mine. I feel much better since it sounds like it doesn't have anything to do with anything lacking on my part.

Edit: One more question, what's an NTC?

Mailed notice to counsel to attorney. Means they mailed a notice of the dwop to your atty

# ? Feb 20, 2017 03:25

Hot Dog Day #91: Jun 19, 2003

Javid posted:

Do real actual courts seriously issue communications in txtspk?

Yes. Remember while the judge is a learned man, the court coordinator and clerks usually have high school degrees and they run everything.

# ? Feb 20, 2017 03:33

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# ? Jun 3, 2024 15:47

Subjunctive: Sep 12, 2006; ✨sparkle and shine✨

I always figured it was a leftover from telegram communications, but I too only have a high school education!

# ? Feb 20, 2017 03:35

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

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