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An item was listed on FB Marketplace as a 2015 ABC. Pictures attached showed a 2015 XYZ, but not an ABC. The ABC was actually not produced till 2016, it replaced the XYZ at that point. I didn't look carefully at photos, nor was the item listed as "as pictured" or "as is". I sent paypal friends/family to the seller since we had friends in common and its a smallish community. 4 days later I picked up the item. 30 Minutes after pickup from ShopX where the seller had left it for me, I arrived at ShopY where they were like "dude this isn't an ABC, its an XYZ, this is not what you want!". I msg'd the seller, explaining that I was dissatisfied and she agreed to a refund stating "If you don't want it leave it at ShopY and ill send you the money back." I proceeded to leave it with ShopY in their storage(and informed her of this). 2 days passed and she then messages stating "sorry I've been out of pocket with bad service this weekend. I just looked at my post again. It clearly and accurately describes the scooter I sold you and includes clear photos. I would think that you would have reviewed the photos and completed any necessary research to know what you were purchasing. After further consideration I believe the transaction was fair" We've had some back and forth since then, but her statement is "The XYZ pictured is what you got" and "I listed a 2015 ABC, you should have known it was an XYZ" I have screenshots of her FB Marketplace Post, Messages, and photos of the scooter. I think I have a few "legs" to stand on: 1) She misrepresented the item 2) She claims that an ABC and XYZ in 2015 were the same(they weren't, the ABC didn't exist!) 3) She offered and I accepted a refund, then she reneged. Does this make sense in a small claims court? The item value is in the 4 figure range but within small claims level.
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Mar 5, 2019 20:13
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lord1234 posted:Does this make sense in a small claims court? The item value is in the 4 figure range but within small claims level. Sure, have at it.
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Mar 5, 2019 21:56
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Landlord / security deposit stuff -- Moved to a different city to live with my girlfriend, found a nice place, signed a year lease. About 16 months later, landlord needed to give our lease to the city so they wouldn't raise our taxes so he had us sign a new lease. Two years later (same year lease), we break up, she moves out. I pay out her security deposit. Landlord wants me to sign a new lease for a year, I tell him I'm not sure if I'm sticking around. He gives me the option of leaving by the end of the month, or wait until springtime (he lives in the Caribbean during the winter months.) (I'm pretty sure given that we had been living there for over 3 years and we had been a year over on the current 12 month lease I could have told him to pound sand here) Seeing this as a good enough impetus to get the gently caress out of Philly, in three weeks I interview for a job in a different city, get hired, and move all my poo poo across the state. Text him about the security deposit maybe a week later, he says to give him some time, he has two months (I know this is not true, but he just had like 15 strokes so I let it slide because I'm empathetic). Wait until the month is up, text him, no response. Text him several more times, no response. Finally get him to return a call two and a half months later, he tells me I'm not getting my security deposit back because A. house smelled like cat piss, which is fair. My cat was a bastard while I lived there (he's fine now). B. we painted two rooms and didn't do a great job but we had his explicit permission to paint, four years prior. C. we cracked a tile in the bathroom and he had to replace the whole floor (I've got photos from the week of us moving in where it's already cracked, we didn't do this) Turns out, he's heading to the Caribbean the very next day! I tell him he has my forwarding address and I need a comprehensive list of the deductions he made to the deposit. I did not receive this. I wait a few weeks and talk to his son, who was our de-facto landlord since our real landlord was out of the country 8 months out of the year. He says he'd talk to him, but obviously, nothing has happened there. PA state law says I need to get my security deposit / a list of deductions back within 30 days of moving out, it's been several months past that and I've gotten nothing, and I'm out some portion of $1250 (I'll fully admit that I didn't deserve the full deposit but) How do I take someone to small claims court in a city no longer reside in, who doesn't presently live in the country and won't for another few months? Sockser fucked around with this message at 06:26 on Mar 8, 2019 |
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Mar 8, 2019 06:22
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This is a hypothetical based on someone at my work: B is long term partners with D, but they are not married. B recently bought a house and D will live with B in the house, but D’s name is not on the deed. D gave B some of his stuff to be used as decor in the house. If they break up, who does the stuff belong to?
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Mar 8, 2019 06:24
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Sockser posted:Landlord / security deposit stuff -- You still have to file a claim in the Court that has jurisdiction. You have to arrange to personally serve the landlord, or, if personal service is unavailable, you can make a motion for alternative/substituted service. If there is a hearing there, or a trial, you will have to show up. You can try to find an attorney who will do these claims for you. Edit: I don't know about PA (Euphronius probably does) but in Texas, failing to give an itemized list of deductions from the security deposit isn't an automatic "Tenant Wins." It only means that the landlord now carries the burden of proving that the damages happened, whereas, if they do get their list in time, the Tenant bears the burden of proving that the list is wrong. blarzgh fucked around with this message at 16:15 on Mar 8, 2019 |
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Mar 8, 2019 16:12
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Badger of Basra posted:This is a hypothetical based on someone at my work: Depends: are they common-law married? If so, its their poo poo 50/50 and they'd have to file for divorce to determine who it belonged to. If not, then it depends on whether the stuff was a gift, or D just hung the decor up in the house D was living in. You just said D "gave" B the stuff, so it sounds like the gift was completed. Does whatever wild-rear end state they live in have some law regarding gifts in anticipation of marriage that I'm not aware of? This is, of course, ignoring the practical questions of enforcement. If D gets kicked out and tries to take the poo poo, does B call the cops? When the cops get there, do they decide, "ITs a civil matter, ya'll file a suit to figure it out, but we ain't stopping him from taking it/we ain't letting him take it."? If one party sues the other for possession in small claims court, can they prove title to the property with receipts, or prove it was a gift with text messages or emails or whatnot?
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Mar 8, 2019 16:43
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blarzgh posted:You still have to file a claim in the Court that has jurisdiction. You have to arrange to personally serve the landlord, or, if personal service is unavailable, you can make a motion for alternative/substituted service. If there is a hearing there, or a trial, you will have to show up. You can try to find an attorney who will do these claims for you. Personally serve as in— wait until he fuckin gets back to the US? quote:Edit: I don't know about PA (Euphronius probably does) but in Texas, failing to give an itemized list of deductions from the security deposit isn't an automatic "Tenant Wins." It only means that the landlord now carries the burden of proving that the damages happened, whereas, if they do get their list in time, the Tenant bears the burden of proving that the list is wrong. I’m not even angling for an automatic win, but I’d like to know where my money went
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Mar 8, 2019 19:56
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Sockser posted:Personally serve as in— wait until he fuckin gets back to the US? Yeah, people are entitled to notice of a lawsuit. You could find someone to serve him in Bermuda or whatever, or ask the Court for a different form of service, like certified mail, or publication.
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Mar 8, 2019 20:14
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Sockser posted:Landlord / security deposit stuff -- Who knew, apparently after 2 years he had to put your security deposit in an interest bearing account and start paying you interest on it. You can sue for double your deposit since you didn't receive anything after 30 days, assuming you have proof you provided them with written notice for your forwarding address: https://clsphila.org/learn-about-issues/security-deposits-pennsylvania Some stuff I googled seems to say that failing to provide you with an itemized list within 30 days means he has no right to keep any of it, and failing to return it within 30 lets you sue for double the deposit.
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Mar 8, 2019 22:40
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nadmonk posted:I've got a question about the legality of something my girlfriend's workplace has indicated they will start doing. This is in the Western district of Michigan. A follow up on this: My girlfriend had a chance to finally talk to the owner of the salon about this. She indicated she would prefer to be paid her commission as she was now. The owner indicated that participation in this was not optional. So basically, withholding sales commissions which were always previously part of the paycheck. And commission, according to Michigan statute, is considered wages. I suspect this still falls into the "it sucks and is right, but given the effort, cost, and stress involved in getting it right, it's probably not worth pursuing" category.
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Mar 8, 2019 23:40
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Zauper posted:Who knew, apparently after 2 years he had to put your security deposit in an interest bearing account and start paying you interest on it. You can sue for double your deposit since you didn't receive anything after 30 days, assuming you have proof you provided them with written notice for your forwarding address: Yeah this is all stuff I’ve found through cursory googling but I didn’t want to barge into the legal thread looking like an armchair lawyer So I guess I’m just sitting on my hands until he gets back to the states? Hopefully he doesn’t stroke out again and die before then
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Mar 8, 2019 23:52
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Sockser posted:Yeah this is all stuff I’ve found through cursory googling but I didn’t want to barge into the legal thread looking like an armchair lawyer He's jerking you around, and his estate will be a lot easier to serve than he is. The sooner he strokes out and dies, the sooner you get your money, and the sooner the world becomes a slightly better place.
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Mar 9, 2019 00:37
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Only other thing-- given that I moved out in September, is there any sort of time limit on me taking him to small claims for this?
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Mar 9, 2019 01:51
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Sockser posted:Only other thing-- given that I moved out in September, is there any sort of time limit on me taking him to small claims for this? Yes, and I don't know what it is.
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Mar 9, 2019 02:31
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blarzgh posted:Yes, and I don't know what it is. Which means do it now.
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Mar 9, 2019 04:35
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Theoretically, just because that dude is your landlord, the holder of your lease might be some kind of LLC for his renting business. Would serving the office count and those fucks can figure out getting ahold of their boss?
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Mar 9, 2019 06:00
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Motronic posted:Which means do it now. Do it now as in.... hire someone to serve him papers in Dominica? There's also no LLC or anything, it's his property that he was renting out e: a bit of time googling suggests I have 4 years. More questions, lol- Am I hosed if I don't have a copy of our lease agreement? I do have records of all the rent checks, including the security deposit checks Sockser fucked around with this message at 06:40 on Mar 9, 2019 |
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Mar 9, 2019 06:33
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Sockser posted:Do it now as in.... hire someone to serve him papers in Dominica? There are several ways to get people served as a matter of law, but getting it wrong has the effect of nullifying your efforts to have a lawsuit, which is why no one should really be trying to direct you how to do it; if we're wrong about what you "should" do, then its our fault. Also, although no one ever gets facts wrong on the internet!, potential clients do it all the time in real life, so its reasonable in our minds that there might be information about your case that makes it a bad idea to sue in the first place, which is why we're not interested in committing to saying yes or no to suing, or when to do it. If the cat piss (or other damages you haven't thought of) end up costing more than your security deposit, then you might be getting away with having to pay him more than your security deposit - unless you force him to counterclaim for it by suing in the first place, for example. In fact, this happens all the time, even when the counterclaims are bullshit, because the other side wants to create leverage to settle, or to make you abandon your claims. If you mess up, you could end up owing the landlord money, instead. You're doing good so far; even the simple cases are complicated, though. Service of process is a booger to figure out, even in regular cases. Assessing whether you have a claim, and whether the other side has a potential counterclaim is something even attorneys get wrong because facts sometimes don't come out until its too late. With regards to your question about the lease papers, for example, on one hand it seems unlikely that he would argue both that there was no lease, but also that he had a right to your security deposit and your rent under a lease, but maybe he would. On the other hand, the actual lease might have a provision about the security deposit that completely changes the outlook of your claim. It sucks to be told, "go get a lawyer" when the claim amount is so tiny, but the reason is so that its the attorney's responsibility when complex questions like foreign/substituted service or potential counterclaims, or parole evidence (or whatever you carpetbaggers call it!) are part of a claim. But based on the number of issues you've raised, thats my take on it. There are often legal aid clinics through non-profits, local law schools, and local bar associations that will look at a case like this for you. There are occasionally young solo practitioners who need work and this is the perfect case for one of them. Sure, they might eat a good chunk of your damages as their fee, but if you get attorneys fees when you win, it might offset that. Small claims court is good for simple cases, it beats the hell out of district court, and you're absolutely entitled to take a swing at it yourself. All we can do is apprise you of possible risks, tell you that there are other risks we can't know about, and give you some basic information. We can't tell you whether its a good idea in the first place, or walk you through complex service and evidentiary issues. I know this isn't super helpful, but I do hope you end up with the best possible outcome!
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Mar 9, 2019 17:24
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I want to sell some things online but I heard that one of the bigger players in this space has a reputation for bullying competitors out of business with bullshit lawsuits. I'm thinking of starting an LLC somewhere privacy-friendly like Wyoming or New Mexico while making the products in and shipping them from New York. What kind of lawyer do I need to look for and does anyone have any idea how much it will cost to come up with a plan to make it hard enough to find me that I'll be cashflow positive before I get sued and perhaps point out some things I can do to mitigate the risks / reduce the chances that the veil could be pierced? The business can be started with a few thousand bucks so if I get sued out of business, I'm not worried. I'm more worried that somehow my personal assets will be at risk or that the competitor, run by a guy known for being sort of crazy and aggressive, may try to hire a PI to find and serve me personally with a bogus lawsuit that even he knows is bullshit. Do I need to look for two lawyers, one in my LLC state and one in the state where I live (New York)? oliveoil fucked around with this message at 22:12 on Mar 9, 2019 |
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Mar 9, 2019 22:08
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Probably just the LLC state, and you can just Google "Lawyer LLC [state]" and see what comes up.
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Mar 9, 2019 22:48
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euphronius posted:Wage and hour complaints are relatively straight forward tho and sometimes handled by the state or a lawyer who will do it for a contingency or statutory damages/fees. Lots of times it’s just a cease or a cease with backpay and statutory damages. Not a lawyer This. In my state at least wage and hour usually ends up Federal under the FLSA and the cases are very often on contingency. (Though their usually unpaid overtime or missclassified as exempt.) oliveoil posted:I want to sell some things online but I heard that one of the bigger players in this space has a reputation for bullying competitors out of business with bullshit lawsuits. May want to consider Stripe Atlas as a cheaper and easier alternative.
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Mar 10, 2019 14:18
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Can eminent domain only be used on real property or can it be used on any asset? Like could the government use eminent domain to buy a utility?
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Mar 10, 2019 18:48
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Badger of Basra posted:Can eminent domain only be used on real property or can it be used on any asset? Like could the government use eminent domain to buy a utility? https://en.wikipedia.org/wiki/Eminent_domain_in_the_United_States#Other_property quote:Other property
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Mar 10, 2019 18:54
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Is it legal to maintain a vacant lot that neighbors my property? I don't intend to build anything on this land just remove some bushes and trim some trees along the perimeter.
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Mar 11, 2019 03:02
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lifts cats over head posted:Is it legal to maintain a vacant lot that neighbors my property? I don't intend to build anything on this land just remove some bushes and trim some trees along the perimeter. Do you know the owner? Just ask them.
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Mar 11, 2019 03:22
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Depending on the state the answer will vary. The best answer is just ask the owner/property manager because otherwise you'll end up like Rand Paul.
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Mar 11, 2019 03:26
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blarzgh posted:Probably just the LLC state, and you can just Google "Lawyer LLC [state]" and see what comes up. CarForumPoster posted:May want to consider Stripe Atlas as a cheaper and easier alternative. Thank you both! I'll try both of those things.
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Mar 11, 2019 05:19
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You can find a NY lawyer that can set you up a llc in any state and recommend you a register agent service, it’s a pretty common thing. Just find one that does business formation
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Mar 11, 2019 06:16
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Hi! I'm in NY here - my dad and I are beneficiaries of my grandfather's estate who passed away recently. Per his will, my dad gets 30% of the estate, I get 10%, and my uncle gets 60%. HERE'S WHERE THINGS GET FUN My uncle gained power of attorney from my grandfather in 2016 and moved in to take care of him at that point. The current will was amended in 2011. The prior will saw my father and uncle share the estate 50/50, and I would inherit some valuable jewelry (this was all revealed to me today). My father and grandfather had some differences, so the change is understandable. In 2016 when my grandfather started to decline in health, my grandfather's house was changed to "Living Trust" on the city property records, with my uncle named to receive the house after my grandfather died. When my father mentioned noticing this after googling property assessments in late 2016, my uncle got very defensive and cited the change as "a mistake". My father and uncle have had a testy relationship, but my father basically ceded "well your uncle should have the house because he took care of grandpa". The will has been filed in probate and my father and uncle are meeting with a lawyer this week. My father is afraid to challenge my uncle on anything, but as far as he knows, my uncle is going to try and be appointed executor of the will. My uncle has also tried to say that the property inside my grandfather's house (where he now lives) will only be part of the estate "if he says so" (lol). That includes the expensive jewelry. Now - here's the thing. As it stands, I stand to gain 10% of the estate, including the judgment from a pending negligence lawsuit against a nursing home where my grandfather was injured. I was not invited to the meeting with the lawyer and have not seen the will, but my father has. My uncle has not yet told me about any of this. Do I have a case by saying my uncle may have had my grandfather sign over the house into a Living Trust under duress in 2016 to shelter it from probate? For all I know, my uncle forged the paperwork. Really don't want to nuke our family over this, but if I'm supposed to be getting 100k from this instead of 1k...gently caress it Wondering what kind of attorney I would contact/where to begin Thanks guys EugeneJ fucked around with this message at 07:29 on Mar 11, 2019 |
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Mar 11, 2019 07:25
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EugeneJ posted:Hi! LOL get a lawyer dude.
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Mar 11, 2019 07:32
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therobit posted:LOL get a lawyer dude. EugeneJ posted:Wondering what kind of attorney I would contact/where to begin Maybe try reading the post before rushing to be the first to say 'get a lawyer'
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Mar 11, 2019 13:24
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Reading posts creates fiduciary responsibility. Can’t do it.
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Mar 11, 2019 13:46
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euphronius posted:Reading posts creates fiduciary responsibility. Can’t do it. EugeneJ's posts are hereby incorporated by reference. By reading this post you agree to be his lawyer EugeneJ posted:Hi!
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Mar 11, 2019 14:05
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EugeneJ posted:Hi! You want an attorney that practices in estate litigation - it may be easier to find a general probate attorney who can then point you in the right direction. And do this like, today - I've seen this scenario a hundred times and if you don't act fast your uncle will get appointed, spend down the estate, and the best you're going to get at the end is a paper judgment. Act now and your attorney can freeze the estate account. Your uncle has already nuked this and there's no putting the genie back in the bottle. Be the rear end in a top hat your dad won't and insist on things being done right.
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Mar 11, 2019 14:17
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Nonexistence posted:You want an attorney that practices in estate litigation - it may be easier to find a general probate attorney who can then point you in the right direction. And do this like, today - I've seen this scenario a hundred times and if you don't act fast your uncle will get appointed, spend down the estate, and the best you're going to get at the end is a paper judgment. Act now and your attorney can freeze the estate account. Your uncle has already nuked this and there's no putting the genie back in the bottle. Be the rear end in a top hat your dad won't and insist on things being done right. You rock man - thank you To everyone else - thanks for nothing but I’ll keep you updated 
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Mar 11, 2019 17:41
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EugeneJ posted:To everyone else - thanks for nothing but I’ll keep you updated Lol
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Mar 11, 2019 17:43
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EugeneJ posted:You rock man - thank you I look forward to your posts in estate entertainment. See my posts in this very thread for an earlier version of your story.
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Mar 11, 2019 18:07
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EugeneJ posted:You rock man - thank you You won’t No one does.
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Mar 11, 2019 23:01
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Legal Questions: thanks for nothing
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Mar 11, 2019 23:26
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euphronius posted:You won’t Do you think Has Anyone Really Been Far Even as Decided to Use Even Go Want to do Look More Like and internet perjure myself?
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Mar 12, 2019 00:39
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