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daslog
Dec 10, 2008

#essereFerrari

Mr. Nice! posted:

Also if it's a credit collector go through standard collection practices, but if they're coming after you for nearly six figures you should be talking to a live person about how to get this dealt with and not assholes on the internet.

My general guess is if she's in collections it's because she was found to be the fault of the insurance fraud by the investigation. Whether that's correct or not, I dunno. You might have to sue former employer to sort it out.

The former employer doesn't exist anymore. They sold the company and the new owners literally destroyed all the old records.

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Hoshi
Jan 20, 2013

:wrongcity:
It sounds like you need a lawyer badly

daslog
Dec 10, 2008

#essereFerrari

Hoshi posted:

It sounds like you need a lawyer badly

Ok. What kind of lawyer?

Devor
Nov 30, 2004
Lurking more.

daslog posted:

Ok. What kind of lawyer?

ARE YOU THE GUY I TALK TO ABOUT MY CLIENT'S UNAUTHORIZED RAISE
\

daslog
Dec 10, 2008

#essereFerrari

Devor posted:

ARE YOU THE GUY I TALK TO ABOUT MY CLIENT'S UNAUTHORIZED RAISE
\


Let's assume I can't afford Rudi.

KillHour
Oct 28, 2007


daslog posted:

Let's assume I can't afford Rudi.

He's a NY pigeon. They work for breadcrumbs.

joat mon
Oct 15, 2009

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

daslog posted:

Let's assume I can't afford Rudi.

Unauthorized raises? Maybe Scott Pruitt will be needing some work soon.

Hoshi
Jan 20, 2013

:wrongcity:

daslog posted:

Ok. What kind of lawyer?

IANAL but I'd guess an employment lawyer.

Hot Dog Day #91
Jun 19, 2003

Employment is a good start, also collections attorney may be helpful. General practitioner may also work for this one.

I hope you have money.

daslog
Dec 10, 2008

#essereFerrari

Hot Dog Day #91 posted:

Employment is a good start, also collections attorney may be helpful. General practitioner may also work for this one.

I hope you have money.

Yes we can afford a lawyer. What kills me is that I've been on her to deal with this and she thinks that it will all be fine because she didn't do anything wrong. I have tried to explain that the legal system doesn't work that way.

Hot Dog Day #91
Jun 19, 2003

If you know any attorneys, a good start is to ask then who they would hire themselves.

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer
A good start would be finding out what debt the collector is servicing, ie: a claim brought forth by the employer or the insurer.

Perhaps you can call Zurich and ask them to forward you a copy of the case report. They’ll probably tell you to gently caress off but it’s worth a shot.

Basically any documentation that you can provide your lawyer to clarify the actual nature of the claim will help them decide if you have a fighting chance and save you money.

daslog
Dec 10, 2008

#essereFerrari

Ur Getting Fatter posted:

A good start would be finding out what debt the collector is servicing, ie: a claim brought forth by the employer or the insurer.

Perhaps you can call Zurich and ask them to forward you a copy of the case report. They’ll probably tell you to gently caress off but it’s worth a shot.

Basically any documentation that you can provide your lawyer to clarify the actual nature of the claim will help them decide if you have a fighting chance and save you money.

Yes, we are going down that path first. If they tell us to gently caress off, then we tell the debt collector company that we called Zurich and they said nothing about owing money, and they have to prove that we owe money before we do anything. I'd like to extract as much information as possible from them to find out if they have anything close to a case. All this happened three years ago, so I suspect they dont...

Cowslips Warren
Oct 29, 2005

What use had they for tricks and cunning, living in the enemy's warren and paying his price?

Grimey Drawer
My mom thinks she was caught by a photo radar van in Phoenix AZ. She was going 35/36 in a zone that was 30, was not a school or construction zone, and isn't sure she slowed down in time to avoid the van's scanner. She was heading southbound on the road, and when she made her return trip northbound, was doing 30mph, but noticed that northbound there was a sign about it being a photo radar van zone (not a home made sign or anything, a legit one from the dept of transportation), but there was no sign when she had been going southbound.

Now if this had been in Scottsdale, she would have been zinged for going even a mile over, but she's wondering if the van only was scanning one way instead of both, and if there is any way to see if the van got her, because she wants to make sure to get time off in case she has to go to driving school, etc.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

Cowslips Warren posted:

My mom thinks she was caught by a photo radar van in Phoenix AZ. She was going 35/36 in a zone that was 30, was not a school or construction zone, and isn't sure she slowed down in time to avoid the van's scanner. She was heading southbound on the road, and when she made her return trip northbound, was doing 30mph, but noticed that northbound there was a sign about it being a photo radar van zone (not a home made sign or anything, a legit one from the dept of transportation), but there was no sign when she had been going southbound.

Now if this had been in Scottsdale, she would have been zinged for going even a mile over, but she's wondering if the van only was scanning one way instead of both, and if there is any way to see if the van got her, because she wants to make sure to get time off in case she has to go to driving school, etc.

Wait until the ticket shows up in the mail before you worry about any of this.

Hot Dog Day #91
Jun 19, 2003

Literally no, your "mom" should chill.

mombot
Sep 28, 2010

mmmmmwah - Trophy kisses!

Hot Dog Day #91 posted:

The best way to check on your lawyer's efficacy is not their win/loss rate (what is a "win" in family law?), but by their reputation among other lawyers and judges. The only good way to check this is to talk to a different lawyer.

Your situation is too complicated for me at 730 a.m. on a Sunday. You have every right to fire your lawyer and hire a new one. They'll have to return any unused retainer and your client file. Find a new lawyer first though, if you do decide to change horses. You could also be direct with your current lawyer and explain your issues. But remember you're paying her hourly to litigate a divorce, you'll pay a therapist much less per hour.

Hoping you’ll go over what I wrote again before at a better time, as I didn’t get much advice and I’m not getting clear answers from her. She won’t/hasn’t told me why I couldn’t file a restraining order. My son just had his birthday. My son blessed coed his dad in early January on his phone and my husband just figured this out nearly five months later, meaning he hasn’t tried to call or text. I told her this and all she replied was to tell me to tell him to unblock his dad, a reminder here that his dad is incredibly emotionally and verbally abusive, a few times physical. He literally says this in front of him like how he resents having had a child with autism, that his brother should have been stuck with him, and would do/say things to get him to have a meltdown and use that as an excuse to yell or get physical with him.

I’m in Illinois. I literally know no one because he’s done all he can to isolate us. Do I just call attorneys and say hey is this lady any good? She represented a lady in a pretty high profile case in Illinois (made the news) and is involved in stuff that seems good on paper. As this concerns my son I’m very worried. All of my kids have PTSD from me staying in this awful marriage and my son, now 14, is the only one with autism (high functioning) and the only one that can’t choose.

mombot fucked around with this message at 06:52 on May 31, 2018

Hot Dog Day #91
Jun 19, 2003

You should just go interview another lawyer and hire them. Don't complain about your old lawyer. Just tell the new lawyer you had trouble communicating and understanding her strategy.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Hot Dog Day #91 posted:

You should just go interview another lawyer and hire them. Don't complain about your old lawyer. Just tell the new lawyer you had trouble communicating and understanding her strategy.

Yeah, and at the same time that'll maybe give you some insight into whether your expectations for your lawyer are realistic. It's hard to tell from an anonymous internet post what kind of client you are, if this is coming from some sort of normal, nervous gut feeling or maybe you're one of those incredibly intense clients who phones every other day for an update and demands your lawyer read 300 pages of irrelevant bullshit and agonizes over every little inconsequential mistake to the point of unhealthy obsession.

Lawyers don't decide cases. Judges do. Any lawyer you have is probably fine so long as they don't do anything detrimental to your case, and even then the judge doesn't give a poo poo about what your lawyer says 90% of the time and the result is the same anyway.

But yeah, changing lawyers is completely fine and besides the potential cost, if you're not happy with your lawyer there's no real reason not to change up. If you find yourself unhappy with that lawyer too, and maybe the next one or maybe the next one, consider whether your expectations in terms of feedback, attention and sympathy are unrealistic.

mastershakeman
Oct 28, 2008

by vyelkin
You keep not specifying whee in Illinois you are which is annoying but I also don't care enough to pry out details. Anyways here's a copy paste of an email my friend sent me to forward to another friend looking for divorce lawyers for her mom in Chicagoland


quote:

I recommend choosing a lawyer who is a fellow in the American Academy of Matrimonial Lawyers (AAML). AAML fellows go through an intense vetting and application process, and are well-respected in their legal communities.

I have personally dealt with the following attorneys at one point or another and think they are decent:


David Ainley
Nancy Shafter (focuses on collaborative law, best for parties who are amicable)
Dean Dussias
Kathy Farmer
Joy Feinberg
Stuart Gelfman
Gunnar Gitlin
David Grund
Meg Harmon
Marcy Newman
Barry Schatz (super expensive, but one of the best in Chicago)
Don Schiller (same as above)



lord1234
Oct 1, 2008
Employee F and Employee M work together(but are not related). F and M are abbreviations for gender. Employee F and M are both expecting(seperately). F has Short Term Disability coverage(and is covered). M does too, but the pregnancy of his wife is a pre-existing condition(they got it after conception). F is expected to take STD during FMLA at a 30% pay cut. M is being told to take vacation(from their unlimited vacation bucket) for paternity at 100% pay. He has been ok'd to take ~6 weeks of time off, and work from home 2 extra weeks. Is this gender discrimination?

lord1234 fucked around with this message at 17:13 on May 31, 2018

joat mon
Oct 15, 2009

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

lord1234 posted:

Employee F and Employee M work together(but are not related). F and M are abbreviations for gender. Employee F and M are both expecting(seperately). F has Short Term Disability coverage(and is covered). M does too, but the pregnancy of his wife is a pre-existing condition(they got it after conception). F is expected to take STD during FMLA at a 30% pay cut. M is being told to take vacation(from their unlimited vacation bucket) for paternity at 100% pay. Is this gender discrimination?

What job offers unlimited vacation days? Are they hiring?

lord1234
Oct 1, 2008

joat mon posted:

What job offers unlimited vacation days? Are they hiring?

Very common in today's startups to have a "flexible vacation policy" or "take as much as you need, but don't abuse it" or "don't take any vacation, work your rear end off" or "we don't have to pay out any vacation days when you leave because you never had any to begin with"

euphronius
Feb 18, 2009

How many employees are there and what state

lord1234
Oct 1, 2008

euphronius posted:

How many employees are there and what state

over 100 employees. TX

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

lord1234 posted:

Employee F and Employee M work together(but are not related). F and M are abbreviations for gender. Employee F and M are both expecting(seperately). F has Short Term Disability coverage(and is covered). M does too, but the pregnancy of his wife is a pre-existing condition(they got it after conception). F is expected to take STD during FMLA at a 30% pay cut. M is being told to take vacation(from their unlimited vacation bucket) for paternity at 100% pay. He has been ok'd to take ~6 weeks of time off, and work from home 2 extra weeks. Is this gender discrimination?

yes, she should be offered 6 weeks of 100% followed by 70% STD for as long as she's disabled

euphronius
Feb 18, 2009

But is it unlawful?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

euphronius posted:

But is it unlawful?

nothing's unlawful unless you sue

daslog
Dec 10, 2008

#essereFerrari

daslog posted:

Yes, we are going down that path first. If they tell us to gently caress off, then we tell the debt collector company that we called Zurich and they said nothing about owing money, and they have to prove that we owe money before we do anything. I'd like to extract as much information as possible from them to find out if they have anything close to a case. All this happened three years ago, so I suspect they dont...

Update:. Wife emailed the insurance company. It turns out the 90,000 was a negotiated settlement so the insurance company isn't able to provide an accounting of whst goes into that number. It sounds like they didn't want to pay the claim at all. After they paid the 90,000 the didn't bother to come after us for money but instead sold it off to a collection agency.

We have asked for a copy of the case file. In the meantime I'm following the standard "dispute the debt" via certified mail to see what information the collection agency has.

A 50S RAYGUN
Aug 22, 2011
i am not a lawyer or a criminal but this all seems very bizarre to me. they magically conjured up 90k attributed to your wife? the series of events is:
- former employer files insurance claim about unathourized raise
- insurance company settled for 90k
- 90k is paid to former employer
- insurance company immediately sells the full 90k debt?

is that not like, very substantial insurance fraud on the part of her former employer? my dad owns a small business and i have difficulty imagining he could get an insurance company to pay him 90k for something like that without a lot of proof, doctored or otherwise.

daslog
Dec 10, 2008

#essereFerrari

A 50S RAYGUN posted:

i am not a lawyer or a criminal but this all seems very bizarre to me. they magically conjured up 90k attributed to your wife? the series of events is:
- former employer files insurance claim about unathourized raise
- insurance company settled for 90k
- 90k is paid to former employer
- insurance company immediately sells the full 90k debt?

is that not like, very substantial insurance fraud on the part of her former employer? my dad owns a small business and i have difficulty imagining he could get an insurance company to pay him 90k for something like that without a lot of proof, doctored or otherwise.

Great question. Let me clarify. They looped all management people into their claim (we have a copy) and put on there stuff like "wholesaled 5 cars for less than market price resulting in a potential profit loss of 10,000 dollars.". There are about 20 line items and there is no way it would hold up in court in my opinion.

The total they put on the form was over $185,000 for the claim. And yes, it's a bunch of nonsense. Their initial goal wasn't to collect the insurance, it was to create cause to break up the sale of the business because they had another buyer they wanted to sell to.

My wife spent a lot of time with the insurance company debunking each line item and we thought the matter was ended when we didn't hear anything for 2 years. (This all happened on 2015)

Only now are we learning that rather than deny the claim did Zurich actually settle it for less than half of what they asked for.

A 50S RAYGUN
Aug 22, 2011
i am again not a lawyer but i think it would be really cool if the former employer admitted the claim was made up to get out of a business sale and the judge gives your wife a million dollars or whatever.

daslog
Dec 10, 2008

#essereFerrari

A 50S RAYGUN posted:

i am again not a lawyer but i think it would be really cool if the former employer admitted the claim was made up to get out of a business sale and the judge gives your wife a million dollars or whatever.

Me too, but they are all gone. After they kicked out the management, they sold it to someone else. The new owners literally purged everything so there are almost no records to prove or disprove any claim.

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer

daslog posted:

Me too, but they are all gone. After they kicked out the management, they sold it to someone else. The new owners literally purged everything so there are almost no records to prove or disprove any claim.

Zurich should have kept records.

Also, insurance companies love not paying out and will throw out claims at the slightest whiff of fraud so either Zurich massively dropped the ball here or the arguments your wife presented to debunk the line items weren't as good as you think.

So my harsh advice is that you need to make 100% sure that you and your wife are on the level about these cars having been sold at market value because you're gonna go up against Zurich's lawyers who are absolutely going to go over your claims with a fine tooth comb and completely obliterate you with court fees if you try and put this on them.

A 50S RAYGUN
Aug 22, 2011
i mean, there's proof of this stuff somewhere. my mother was super bad about paying her bills and wound up on the wrong side of some insurance issues and you can be sure the few times it became a trial issue there would be substantially more documentation than 'someone said you did something'.

the part that's hanging me up - even if they, an insurance company, think your wife caused them to pay out a 90k settlement, would they not have to like, sue her for it or something? they can generate a 90k 'debt' that they can sell to a collection agency without your wife ever even seeing anyone about it or stepping foot near a judge or a lawyer?

A 50S RAYGUN fucked around with this message at 20:00 on May 31, 2018

daslog
Dec 10, 2008

#essereFerrari

Ur Getting Fatter posted:

Zurich should have kept records.

Also, insurance companies love not paying out and will throw out claims at the slightest whiff of fraud so either Zurich massively dropped the ball here or the arguments your wife presented to debunk the line items weren't as good as you think.

So my harsh advice is that you need to make 100% sure that you and your wife are on the level about these cars having been sold at market value because you're gonna go up against Zurich's lawyers who are absolutely going to go over your claims with a fine tooth comb and completely obliterate you with court fees if you try and put this on them.


A couple items. I don't think Zurich is coming after us. I could be mistaken, but they appear to have written off this debt and sold it to a collector. I am going to try to flesh this out over time. I do also think that Zurich would come at us hard if they think the claim is collectable.

We have a copy of the claim, and my wife is only listed for a couple of the line items. The rest are attributed to the General Manager and Sales Manager. I think the total for her is in the 5,000 range.

Seems like it's going to be one of those things that we just have to let play out over time.

daslog
Dec 10, 2008

#essereFerrari

A 50S RAYGUN posted:

i mean, there's proof of this stuff somewhere. my mother was super bad about paying her bills and wound up on the wrong side of some insurance issues and you can be sure the few times it became a trial issue there would be substantially more documentation than 'someone said you did something'.

the part that's hanging me up - even if they, an insurance company, think your wife caused them to pay out a 90k settlement, would they not have to like, sue her for it or something? they can generate a 90k 'debt' that they can sell to a collection agency without your wife ever even seeing anyone about it or stepping foot near a judge or a lawyer?

That's what we thought. No charges were ever filed, no one ever went to court over this, the insurance investigation took 6 months, then we heard nothing for years. Now we get a collection letter in the mail from Allied Interstate. My guess is that Zurich considered the 90,000 unrecoverable and sold it off at 10 cents on the dollar. I have no way of verification of my theory though.

Also, if we went to court now, who would testify against us?

A 50S RAYGUN
Aug 22, 2011
i'm hoping a lawyer can clarify because, to me, it seems super terrifying i am apparently only ever several moments and a phone call to an insurance company away from being financially responsible for, i don't know, whatever someone feels like telling them.

based on my reading itt you can apparently sue for whatever with the understanding it'll get thrown out but it seems bizarre that, again, there's now a collectible debt partly in your wife's name from an agreement between two different companies and your wife was just living her life in the meantime? you'd think somewhere along the line someone would had to have actually proven something to somebody wearing a silly robe, right?

Lowness 72
Jul 19, 2006
BUTTS LOL

Jade Ear Joe
Debt collectors are scum. Did you request verification of the debt? I bet they are trying to collect the full 90k from every party involved, not just the portion they might be responsible for.

E: I knew a lawyer that performed legal work for a debt collector. If the debt collector wanted to sue, they had to provide all the documentation etc to the lawyer first to prove they were following all the rules. But the debt collector realized they could scare debtors into paying more often with a lawyers name on the letter. Since they didn't often have all the required info, and it also cost them money to engage the lawyer, they started forging his signature and letterhead for the debt collection letters! Guy was scum.

Lowness 72 fucked around with this message at 23:29 on May 31, 2018

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Stringent
Dec 22, 2004


image text goes here

Nice piece of fish posted:

Yeah, and at the same time that'll maybe give you some insight into whether your expectations for your lawyer are realistic. It's hard to tell from an anonymous internet post what kind of client you are, if this is coming from some sort of normal, nervous gut feeling or maybe you're one of those incredibly intense clients who phones every other day for an update and demands your lawyer read 300 pages of irrelevant bullshit and agonizes over every little inconsequential mistake to the point of unhealthy obsession.

Relevant:
https://www.youtube.com/watch?v=ywKwTgItUXo&t=310s

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