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Xenoborg
Mar 10, 2007

Maybe I'm just not familiar with businesses, but what kind of insurance pays out if your sales manager made a bad deal or you paid an employee too much?

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A 50S RAYGUN
Aug 22, 2011
depending on how it's phrased in a claim and how your coverage works, you might get away with phrasing it like theft, but i really, really doubt an insurance company would be inclined to pay out on it.

either the wife is lying a lot to her husband or the former owners are lying a LOT to their insurance company.

A 50S RAYGUN
Aug 22, 2011
like, it's fairly difficult ime to get insurance to pay for stuff they like, actually have to. i can't imagine getting them to pay for something that's entirely made up.

daslog
Dec 10, 2008

#essereFerrari

A 50S RAYGUN posted:

depending on how it's phrased in a claim and how your coverage works, you might get away with phrasing it like theft, but i really, really doubt an insurance company would be inclined to pay out on it.

either the wife is lying a lot to her husband or the former owners are lying a LOT to their insurance company.

I was under the assumption that at the very least they would require some evidence of prosecution. No police report, no charges, no lawsuit, nothing.

On the claim, they literately printed out the payroll history and wrote "Not authorized" as their evidence.

Hot Dog Day #91
Jun 19, 2003

Dude something is hosed up in this story. Consult an attorney now. You may have damages against the insurance company or debt collector. Or your wife may be lying to you.

How old are y'all?

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost
here's a stupid question

there's a defamation lawsuit going on right now between a doctor for WWE and a former wrestler for the company. this has actually reached a court room and there's ongoing testimony in front of an actual jury

the former wrestler went on a podcast and basically told that the doctor hosed up his diagnosis and just gave him a Z-Pack for what he claimed was a staph infection the size of a baseball. things came to a head during the royal rumble about 4 years ago, where the wrestler suffered a concussion, and wwe got him out of the match, and the wrestler walked out of the building and out of the company

the doctor sued him for defamation and the podcast owner for never pulling the defamatory material

now the doctor has had a hard time proving any sort of actual damages, he didn't lose his job or anything

however a third party doctor testified that he never gave a diagnosis of staph infection (there was a small cyst and the wrestler refused test that could definitively confirm whatever it was) and it wasn't baseball size and this examination was done after the royal rumble incident


is there any way for a judge just to yell at both parties for being stupid, or would it likely fall that there'll be a defamation judgment in favor of the plaintiff with little to any award

daslog
Dec 10, 2008

#essereFerrari

Hot Dog Day #91 posted:

Dude something is hosed up in this story. Consult an attorney now. You may have damages against the insurance company or debt collector. Or your wife may be lying to you.

How old are y'all?

40's. If I needed to, I could pay off the entire 90,000 if I had to tomorrow. I really wouldn't prefer to go that route.

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.
FYI if the debt is related to a job it probably doesn’t qualify as a consumer debt and you might not have a lot of the consumer debt protections. For example, the FDCPA probably doesn’t apply to the debt because it is work related

A 50S RAYGUN
Aug 22, 2011
so my understanding is correct and ostensibly people can't determine i owe them insane amounts of money in a way that is actually immediately collectible? it was harming my already-low faith in capitalist hellworld

Hoshi
Jan 20, 2013

:wrongcity:

A 50S RAYGUN posted:

so my understanding is correct and ostensibly people can't determine i owe them insane amounts of money in a way that is actually immediately collectible? it was harming my already-low faith in capitalist hellworld

No you need a judgement to force a collection I think

Hoshi
Jan 20, 2013

:wrongcity:
Any faith is too much faith FYI

Lowness 72
Jul 19, 2006
BUTTS LOL

Jade Ear Joe
Why isn't getting a lawyer an immediate reaction to "I am being sued for 90 grand" ?

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.

Lowness 72 posted:

Why isn't getting a lawyer an immediate reaction to "I am being sued for 90 grand" ?

He never said he was being sued, only that they contacted him. His other posts so far don’t read like there is any litigation

The collection company he mentioned, allied, isn’t a law firm. If they’re gonna sue him they’ll farm it out to whatever collection law firm they use in that state/area

I agree he should probably hire a lawyer tho, since a letter from an attorney is most likely the best way to get the collection agency to back off

Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X
There’s also his credit rating and whether the collection agency can nuke it to consider

daslog
Dec 10, 2008

#essereFerrari

EwokEntourage posted:

He never said he was being sued, only that they contacted him. His other posts so far don’t read like there is any litigation

The collection company he mentioned, allied, isn’t a law firm. If they’re gonna sue him they’ll farm it out to whatever collection law firm they use in that state/area

I agree he should probably hire a lawyer tho, since a letter from an attorney is most likely the best way to get the collection agency to back off

Right, no one has sued anyone yet. Threatening letters don't really scare us into writing checks easily. My next step is to send a certified letter to the collection agency stating that I dispute there claim and ask them to send me copies of the documentation that show that my wife owes money. I want to get a feel for how much they know and how invested they are in pursuing the claim. If I start immediately with a letter from the lawyer they may decide to just take us right to court.

euphronius
Feb 18, 2009

Why are you sending a certified letter

Hoshi
Jan 20, 2013

:wrongcity:

euphronius posted:

Why are you sending a certified letter

I think it's fairly common, it creates a paper trail so you can prove in court that the other party received whatever you sent.

daslog
Dec 10, 2008

#essereFerrari

Hoshi posted:

I think it's fairly common, it creates a paper trail so you can prove in court that the other party received whatever you sent.

Yes, that's right. It may not matter in the end, but it helps to keep things organized.

euphronius
Feb 18, 2009

Hoshi posted:

I think it's fairly common, it creates a paper trail so you can prove in court that the other party received whatever you sent.

I mean it seems like a waste of money but :shrug:

Try doing return receipt requested instead

Or if you really want to burn money just fedex it.

daslog
Dec 10, 2008

#essereFerrari

euphronius posted:

I mean it seems like a waste of money but :shrug:

Try doing return receipt requested instead

Or if you really want to burn money just fedex it.

It's only 5 bux, and the post office is 3 blocks from my house.

Lowness 72
Jul 19, 2006
BUTTS LOL

Jade Ear Joe
You're supposed to send it certified when doing consumer debt stuff. At least that seems to be the recommended route.

Hot Dog Day #91
Jun 19, 2003

The key is the return receipt. Sending something cmrrr is what you want, without the return receipt it's useless.

Seriously though hire a lawyer. "Take us right to court?" Doubtful.

But also everything has moved to email for lawyers.

daslog
Dec 10, 2008

#essereFerrari

Hot Dog Day #91 posted:

The key is the return receipt. Sending something cmrrr is what you want, without the return receipt it's useless.

Seriously though hire a lawyer. "Take us right to court?" Doubtful.

But also everything has moved to email for lawyers.

Ok. I got an electronic return receipt for this one, but that's good to know for future communications.

Guy Axlerod
Dec 29, 2008
How does a return receipt prove I sent a letter, and not just a drawing of dickbutt?

Phil Moscowitz
Feb 19, 2007

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

daslog posted:

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.

New thread title

All will be fine, I did nothing wrong...The legal system doesn’t work that way

Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X

A 50S RAYGUN posted:

either the wife is lying a lot to her husband or the former owners are lying a LOT to their insurance company.

Yeah.

I mean I guess there's the third possibility that OP is leaving a lot of stuff out of the story he's telling us. But definitely at least one of those three things is true.

daslog
Dec 10, 2008

#essereFerrari

Eric the Mauve posted:

Yeah.

I mean I guess there's the third possibility that OP is leaving a lot of stuff out of the story he's telling us. But definitely at least one of those three things is true.

I am leaving a lot out of the story because it's really long. Two weeks before the GM and Sale manager (they are twins) were going to sign the deal to buy the dealer from the owner's widow, the widow's financial adviser had auditors come to try to find any issues they could to stop the deal. The whole purpose of this stupid claim was to provide cover to the widow in case they got sued for breach of contract. Some of the stuff they dug up were stupid (the twins are idiots) like putting trade in cars on consignment at their friends used car lot, but all the accounting was clean and the dealership was making a profit from those transactions.


I called a lawyer today who referred us to an insurance specialist. I'll let you know what he says.

Devor
Nov 30, 2004
Lurking more.

daslog posted:

I called a lawyer today who referred us to an insurance specialist. I'll let you know what he says.

Tell him that you're posting about it on the internet, see what he says about that

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.
In general I'm enjoying the av-post subject synergy with this one.

daslog
Dec 10, 2008

#essereFerrari

Devor posted:

Tell him that you're posting about it on the internet, see what he says about that

lmao I know.

Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X

daslog posted:

I am leaving a lot out of the story because it's really long. Two weeks before the GM and Sale manager (they are twins) were going to sign the deal to buy the dealer from the owner's widow, the widow's financial adviser had auditors come to try to find any issues they could to stop the deal. The whole purpose of this stupid claim was to provide cover to the widow in case they got sued for breach of contract. Some of the stuff they dug up were stupid (the twins are idiots) like putting trade in cars on consignment at their friends used car lot, but all the accounting was clean and the dealership was making a profit from those transactions.


I called a lawyer today who referred us to an insurance specialist. I'll let you know what he says.

Just wondering, are you taking seriously the possibility your wife actually was complicit in some possibly-not-quite-entirely-up-and-up poo poo and is not coming clean with you about it?

daslog
Dec 10, 2008

#essereFerrari

Eric the Mauve posted:

Just wondering, are you taking seriously the possibility your wife actually was complicit in some possibly-not-quite-entirely-up-and-up poo poo and is not coming clean with you about it?

Anything is possible, but it's extremely unlikely.

A 50S RAYGUN
Aug 22, 2011
also extremely unlikely is an insurance company paying out 90k over what you're describing like a kindergarden-level scam, though.

have you considered maybe the other two people were less scrupulous than your wife and she's getting targeted by association?

A 50S RAYGUN
Aug 22, 2011
like, insurance companies largely operate by finding creative and lovely ways to avoid paying out on claims, and they've literally already been convinced to pay out. I've dealt with enough insurance headaches in my life to know this is not going to wind up being some kind of clerical error.

Hoshi
Jan 20, 2013

:wrongcity:
I'd stop guessing, not that it's not fun but you won't find the answer, there's not enough information and one of the few reliable pieces of info we have is that most of the people in the story aren't trustworthy.

mercenarynuker
Sep 10, 2008

So many posters are told "stop posting about it here". Obviously there's the RISK of your posts being found on our semi-public forum where you're admitting your guilt in a quintuple homocide and drug embezzlement scheme, but are there any other risks? Like, would a lawyer be able to ask for/compel all internet posts made about this during discovery? Or for you to divulge internet handles you use so they can do a google search or something?

Phil Moscowitz
Feb 19, 2007

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

mercenarynuker posted:

So many posters are told "stop posting about it here". Obviously there's the RISK of your posts being found on our semi-public forum where you're admitting your guilt in a quintuple homocide and drug embezzlement scheme, but are there any other risks? Like, would a lawyer be able to ask for/compel all internet posts made about this during discovery? Or for you to divulge internet handles you use so they can do a google search or something?

In theory yes, I could compel you or subpoena Lowtax. but it can be more complicated. Like it has to be relevant, not overly burdensome on you, not invasive of your privacy, worth it to fight over financially and logistically, etc

Hoshi
Jan 20, 2013

:wrongcity:
Phil is an actual lawyer but I'm pretty sure he's wrong in this, I think the risk is that if they find out your forum handle you're compelled to do whatever they say

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

They don’t need your handle, AFAIK. I had my personal email compelled during a suit involving an employer, because I had discussed work stuff using that account. They never specified my email accounts, just “hand over everything related to”, as far as I saw. The other party in the suit had very deep pockets (Microsoft), so the cost might be unpalatable for others.

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therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Hoshi posted:

Phil is an actual lawyer but I'm pretty sure he's wrong in this, I think the risk is that if they find out your forum handle you're compelled to do whatever they say

Yeah, it's like how if someone learns your true name they are able to cast spells on you and control your actions.

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