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I’m imagining some over worked under paid insurance defense lawyer reading your letter and then touching himself while muttering preclusive effect over and over
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Dec 20, 2020 06:12
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EwokEntourage posted:In Texas it’d still be solicitation - a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission. Cool, thank you!
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Dec 20, 2020 17:45
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EwokEntourage posted:Get a new lawyer
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Dec 21, 2020 17:37
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elise the great posted:Update on sexual harassment friend: her father, who also works for the same company, kept telling her to keep her head down and not make a fuss and “everyone’s true colors would come out in the end,” which is a weird way of telling your daughter that when she gets raped that’ll show her bosses what’s up. lmao
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Dec 21, 2020 19:28
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elise the great posted:Update on sexual harassment friend: her father, who also works for the same company, kept telling her to keep her head down and not make a fuss and “everyone’s true colors would come out in the end,” which is a weird way of telling your daughter that when she gets raped that’ll show her bosses what’s up. Was wondering why she was treating this dysfunctional workplace like a dysfunctional family, but then this answered my question.
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Dec 21, 2020 19:52
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If they do end up ratfucking her (looks like they are, given they fired her dad) and the lawsuit goes nowhere, is there any point in going scorched earth and going to the local news? I imagine that'll get the company in poo poo but her in deeper poo poo when she tries to get another job.
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Dec 21, 2020 20:29
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Outrail posted:If they do end up ratfucking her (looks like they are, given they fired her dad) and the lawsuit goes nowhere, is there any point in going scorched earth and going to the local news? I imagine that'll get the company in poo poo but her in deeper poo poo when she tries to get another job. Ask her lawyer, but. What does she want? Money? To keep her job? To publicly shame herself and feel slightly righteous as she stares at an unemployment application? Going to the news will piss the other side off and usually (not always) makes them less likely to pay money, because they're really mad. Nuances apply.
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Dec 21, 2020 20:48
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Outrail posted:If they do end up ratfucking her (looks like they are, given they fired her dad) and the lawsuit goes nowhere, is there any point in going scorched earth and going to the local news? I imagine that'll get the company in poo poo but her in deeper poo poo when she tries to get another job. No. Fair or not, the local news will be totally uninterested in what amounts to "local person gets fired, complains about it." With no corroboration, there's nothing to report.
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Dec 21, 2020 20:56
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Captain von Trapp posted:No. Fair or not, the local news will be totally uninterested in what amounts to "local person gets fired, complains about it." With no corroboration, there's nothing to report. Is she white and good looking? That puts a different complexion (boosh) on "justice".
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Dec 22, 2020 03:08
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Fun new fact: If someone hacks into your paypal account (airquotes around "hacks", as they probably stole the password somewhere. Even though I wasn't stupid enough to reuse it and don't think I fell for a phishing scam) they can steal more than just the paypal funds - they can steal money off the credit card tied to your paypal account. A loooooooot of money. Paypal told me to gently caress off twice over - "We've completed our review of your unauthorized activity case _________, and we’ve determined there was no unauthorized use". Cool. I pointed out that my paypal account was basically used for very modest transactions of less than 20$ per month for years, and I never withdrawn money from my credit card (why is that an option, and why doesn't that require any further confirmation beyond access to the paypal account?), never mind that the hacker probably accessed the account from outside Israel while the Corona outbreak kinda means I'm stuck here... Same reply. Apparently the hacker bought bitcoin or somesuch off "Paxful market", as one of the people I filed a refund request against (mostly the same two guys over and over, in frequent 50$ transactions over the past month) contacted me and asked me to withdraw my complaint. Mentioned that the hacker's phone number was (I don't know if I should post it here) which is listed as a scammer's landline in Dallas, Texas. Anything I can even try? Xander77 fucked around with this message at 19:45 on Jan 1, 2021 |
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Jan 1, 2021 19:17
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Dispute it with your credit card company? Worst case scenario they also tell you to gently caress off. Best case scenario they consider it stolen, you get refunded, PayPal gets miffed and cuts you off, and now you’re not using PayPal. Win/win/win.
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Jan 1, 2021 19:24
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Bad Munki posted:Dispute it with your credit card company? Worst case scenario they also tell you to gently caress off. Best case scenario they consider it stolen, you get refunded, PayPal gets miffed and cuts you off, and now you’re not using PayPal. Win/win/win.
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Jan 1, 2021 19:33
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Yeah I don’t recall what the time limit usually is but I’m pretty sure you paying your credit card bill doesn’t close the case in any way.
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Jan 1, 2021 19:49
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Bad Munki posted:Yeah I don’t recall what the time limit usually is but I’m pretty sure you paying your credit card bill doesn’t close the case in any way. Edit - wow. Denied instantly. No 9 day review, no nothing - totally consistent with my payment history. Cool. Xander77 fucked around with this message at 09:40 on Jan 3, 2021 |
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Jan 3, 2021 09:31
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Let me preface this by saying, I have an attorney and I am just posting here to get the collective goon lawyer second opinion (I am in Indiana). This is a family law question related to a divorce. Backstory I have been married to my wife for 17 years, and we have one child together. My wife and I have been separated since April of 2018, and on August 5th of 2020 she filed for divorce. We are mostly in agreement regarding shared joint custody, so at least that is not an issue. Here are the issues I am having... 1. My wife makes $120,000 a year and she gets a yearly bonus (my current salary, by my own choosing, is $41,000); 2. Since our separation she has been paying me $500 in child support a month; 3. We have a signed separation agreement covering 'custody' dated to April, 2018 (and it also stipulates the child support amount); however, it was never filed; 4. In the time since our separation, but before she filed, my wife has: a. squirrelled away $31,000 in her 401k; b. bought a house for her and her new girl friend; c. asked me to 'watch' our dogs, which I was supposed to have part custody of, and then refused to take them back--this has cost me an addition $100 a month in rent, and almost $1,000 in vet bills; d. without telling me she filed her 2019 taxes by herself (we had previously filed jointly) and claimed our child; this resulted in me owing the IRS $2,800; Current Issues/Questions 1. she tried to get me to agree to accepting a child support arrangement where she only pays me $75 a week (the Indiana state formula--which is already terrible--shows she should be paying me at least $118 per week; 2. I asked for $11,000 of her 401k--which you should note is less than what I am legally allowed in Indiana; a. I did not do any discovery on any equity she had in her home, the money in her bank as of the filing date, or for any other financial assetts she might have hidden; 3. I, of course, rejected her offer and she got mad; so... 4. after threatening to withhold child support from me in November unless I 'divorced her by the end of the year,' after my rejection of her 'offer' 3 weeks ago, she has actually withheld child support for the month of January-- and I imagine she will continue to do so until a court tells her she cannot; My questions amount to just a solicitation of general advice here, and what I should be thinking about strategically, and, since I am having to borrow money to pay my bills (from a family member) in the absence of child support, what do you think the likelihood is that I will eventually be able to collect any child support she is refusing to pay. Just For Fun She's been trying to weaponize the fact she makes a LOT more money than me against me, but unfortunately for her I have a mom who is considerably more wealth than she is. When I rejected her $75 a week in child support, she said to me in a text that she'd just take me to court until I ran out of money rather than pay me (really my son) more than $85 a week for child support. I basically told her to do her worst because a court was likely to give me more than I am asking me for, and she cannot just 'outspend me' until I give up, because I can just borrow money from my mom to litigate. So she texted my mom and told her I don't deserve any more money than my ex is offering me, and that I should have less because I chose to make less money to work in the public/non-profit sector, and she told my mom she was just 'enabling my bad life decisions.' Honestly, I had no idea--even after 20 years together--what type of person she really was until the actual divorce proceedings started.
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Jan 3, 2021 22:07
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Get a lawyer - now. e: i read gud Mr. Nice! fucked around with this message at 22:25 on Jan 3, 2021 |
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Jan 3, 2021 22:19
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He literally says he has one in the first sentence.
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Jan 3, 2021 22:20
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In an extremely general sense: child support is easier when the person in question has a job paying money into a bank account. The bank gets told 'send money this way' or worst case the business gets told 'send a proportion of the paycheck this way'. Child support is problematic when the parent is unemployed or off the grid or being paid under the table.
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Jan 3, 2021 22:21
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Bad Munki posted:He literally says he has one in the first sentence. I kind of doubt he foes because most people who have lawyers and ask for a second opinion tell us what their lawyers recommend. he never mentions his lawyer going anything.
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Jan 3, 2021 22:25
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Do you want a second opinion or someone to vent to? Do you really want a therapist?
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Jan 3, 2021 23:07
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nm posted:I kind of doubt he foes because most people who have lawyers and ask for a second opinion tell us what their lawyers recommend. he never mentions his lawyer going anything. I do have an attorney, I promise. She is the one that doesn’t. I am only asking for a second opinion because, well it just seemed like a thing I should do, and when I have called around to other attorneys practicing Family Law they all want money for the consultation—probably because I am up front and tell them, “I have an attorney and am looking for a second opinion.”
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Jan 4, 2021 00:09
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ZombieLenin posted:I do have an attorney, I promise. She is the one that doesn’t. I am only asking for a second opinion because, well it just seemed like a thing I should do, and when I have called around to other attorneys practicing Family Law they all want money for the consultation—probably because I am up front and tell them, “I have an attorney and am looking for a second opinion.” Tell her to get an attorney
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Jan 4, 2021 00:11
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ZombieLenin posted:Let me preface this by saying, I have an attorney and I am just posting here to get the collective goon lawyer second opinion (I am in Indiana). Not a lawyer, but people do crazy stuff generally and crazier stuff still in a divorce, and you don't want to be adding more crazy on your side of the ledger. Her thrashing around is not necessarily reflective of who she was, is, or will be, but it will nevertheless be frustrating and expensive until you and YOUR LAWYER resolve it, so the less you are battling with her yourself, the better. Keep cool, focus on the kid, let YOUR LAWYER and a judge be the one to argue with her. The child's best interest is likely the standard by which you will both be judged. My friend accepted far less spousal support than what sense and common practice demanded as an effort to try to help "heal" her ex-husband (burned badly by his own previous divorce). He cut off all contact with my friend as soon as his pittance payments were concluded and has never once responded to her in the years since. An anecdote isn't data, but do consider what you think you are accomplishing by even entertaining anything less than the ordinary amount for anything. Consider how you will feel if your ex becomes less reasonable after the support order is entered rather than more reasonable, or if your child, your family, or a future partner later is dismayed to find out that you intentionally asked for less than you could have and probably should have. You don't need to go for the MAXIMUM DOLLAR, just do the normal thing and be done. homullus fucked around with this message at 00:25 on Jan 4, 2021 |
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Jan 4, 2021 00:13
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You don’t really need a second opinion unless you think your lawyer is doing a bad job for some reason Also we needed to know the judge you’re in front of, the status of the case, etc EwokEntourage fucked around with this message at 00:22 on Jan 4, 2021 |
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Jan 4, 2021 00:19
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I guess the other minor thing that your lawyer has already probably told you - save copies of everything. All her crazy texts, DMs, emails, etc. Check if you're in a one-party consent state and if you legally can, record phone calls. Etc. etc.
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Jan 4, 2021 00:24
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Wait, was everything prior to this done without a lawyer? All the pre-divorce agreements? And the "agreements" never filed? Was there nothing legally on paper prior to the divorce?
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Jan 4, 2021 02:22
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ZombieLenin posted:Let me preface this by saying, I have an attorney and I am just posting here to get the collective goon lawyer second opinion (I am in Indiana). Talk to your attorney is my second opinion. Family law in particular is going to depend on the court, the area, where the case is at, and a lot of other minute details.
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Jan 4, 2021 19:30
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Xander77 posted:If someone hacks into your paypal account (airquotes around "hacks", as they probably stole the password somewhere. Even though I wasn't stupid enough to reuse it and don't think I fell for a phishing scam) they can steal more than just the paypal funds - they can steal money off the credit card tied to your paypal account. A loooooooot of money. Got a basic "here's 800$ back, now gently caress off" handout. Finally managed to get in touch with my credit card's fraud department (who really hate the notion of anyone contacting them directly instead of patiently waiting for representative to get back to them) and they started... some sort of motion... today. Whether by sheer coincidence or because the Israeli representative actually gave a poo poo, paypal decided that: "We've reviewed your unauthorised payment claims again and this time we've determined that the payments in question were/was indeed unauthorised. We've refunded the full amounts back to your card." Hope that's actually "the full amounts". Thank gently caress that all that frantic begging actually worked, eventually. Just a few years ago I probably would have had a heart attack, because a few thousand $ was the difference between paying rent and ending up homeless.
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Jan 5, 2021 17:26
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Update on sexual harassment friend: they fired her yesterday morning, took her projects and commissions, and gave them to the guy who threatened to rape her. Fortunately, she did contact a really good legal firm, and having been fired she’s decided to actually pay the retainer and pursue the case.
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Jan 5, 2021 17:49
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Boo, that firm. Yay, your friend. What does her dad say now?
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Jan 5, 2021 23:50
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Her dad has been oddly quiet, but says that their ex-employer “has a right to protect themselves.” I swear that family must be bonkers. Glad she’s getting decent representation, at least, apparently her lawyers have been helping her document and plan even before the retainer (probably because they can smell that payout from a mile away).
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Jan 6, 2021 00:16
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elise the great posted:Her dad has been oddly quiet, but says that their ex-employer “has a right to protect themselves.” "Sorry your co-worker threatened to rape and murder you, and then the company fired us both to cover it up. But you know, they have a right to protect themselves!" Father of the year.
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Jan 6, 2021 02:24
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DaveSauce posted:"Sorry your co-worker threatened to rape and murder you, and then the company fired us both to cover it up. But you know, they have a right to protect themselves!" the corporate kool-aid hits everyone a little different. some people take a sip and pass while others gulp it down and ask for a 2nd cup with even more cyanide in it.
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Jan 6, 2021 02:39
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pentyne posted:the corporate kool-aid hits everyone a little different. some people take a sip and pass while others gulp it down and ask for a 2nd cup with even more cyanide in it. “Make it a good one!” *winks while blatantly dropping a fiver in the tip jar*
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Jan 6, 2021 02:59
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elise the great posted:Her dad has been oddly quiet, but says that their ex-employer “has a right to protect themselves.” I swear that family must be bonkers. Glad she’s getting decent representation, at least, apparently her lawyers have been helping her document and plan even before the retainer (probably because they can smell that payout from a mile away).
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Jan 6, 2021 03:15
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elise the great posted:Her dad has been oddly quiet, but says that their ex-employer “has a right to protect themselves.” I swear that family must be bonkers. Glad she’s getting decent representation, at least, apparently her lawyers have been helping her document and plan even before the retainer (probably because they can smell that payout from a mile away). I wonder how he feels about can openers?
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Jan 7, 2021 07:43
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So I thought Defense Attorneys were supposed to be like, always angling to say some poo poo didn't happen, or their client is not guilty, or whatever. When your attorney does the following: https://twitter.com/Phil_Lewis_/sta...%5Es1_&ref_url= What does the attorney do at that point? What's the legal strategy or w/e it's called for a lawyer to admittedly and immediately claim all guilt?
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Jan 12, 2021 00:08
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Boba Pearl posted:So I thought Defense Attorneys were supposed to be like, always angling to say some poo poo didn't happen, or their client is not guilty, or whatever. Listen to what he's saying 'yeah there's a photo of him there in the building holding something he shouldn't'. He's saying the evidence is that the client has done a trespass and picked some stuff up, but is not in the same bucket as the guys who murdered a policeman or tried to rush the senate. Its damage limitation - the isn't is an idiot, not an insurrectionist. That could well be the difference between a fine and probation, and some serious prison time.
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Jan 12, 2021 00:15
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Alchenar posted:Listen to what he's saying 'yeah there's a photo of him there in the building holding something he shouldn't'. He didn't even say that. He says that it appears to be........ Words mean stuff and they often mean different stuff when applied to legal documents and in court.
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Jan 12, 2021 00:23
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Boba Pearl posted:So I thought Defense Attorneys were supposed to be like, always angling to say some poo poo didn't happen, or their client is not guilty, or whatever. Being a defense attorney doesn't necessarily mean you have to loudly proclaim your client's factual innocence. Sometimes, you're working from a position of trying to mitigate punishment/damages rather than remove them entirely. 90%+ of criminal cases in the U.S. end in a guilty plea.
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Jan 12, 2021 01:14
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