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for $5k i'll write a very nice letter to them for you
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Apr 14, 2023 20:25
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^^^ Can you legally add Dickbutt to that?Devor posted:Does it need to be nice enough to avoid having the homeowners insurance come after you with a subrogation demand Nice enough to say “I’m not just going to give a blank cheque to you without proof or at least an estimated cost, kindly gently caress off” ChickenDoodle fucked around with this message at 20:31 on Apr 14, 2023 |
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Apr 14, 2023 20:27
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I, for one, am eager to hear what happened and how bad it was.
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Apr 14, 2023 20:35
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Oo let's guess. HVAC guy drained the condensation line from the new water heater directly into the crawl space. Contractor read "retaining wall" and redug a well. Slab guy for a commercial building somehow did the job in sq meters instead of sq feet and wants 9x the pay. The hilarious thing in Anchorage right now where the mayor unilaterally signed an unbudgeted, unapproved, and blatantly illegal contact for millions so that his buddy could build the new homeless shelter and the Assembly refuses to pay out.
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Apr 14, 2023 20:41
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Dead tree on OPs property tipped over in a storm, destroying neighbors car, roof, and killing two of their five children.
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Apr 14, 2023 20:44
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BigHead posted:The hilarious thing in Anchorage right now where the mayor unilaterally signed an unbudgeted, unapproved, and blatantly illegal contact for millions so that his buddy could build the new homeless shelter and the Assembly refuses to pay out. Holy poo poo Sadly it’s rather mundane. The issue was already being remediated by my contractor, and they were almost done when they were told they weren’t welcome back. Now I get an email saying they want me personally to promise to pay for the rest, without an estimate or any other info. Just “promise you’ll pay”. No. But please, don’t let me stop you, I’m clearly the reincarnation of George Washington and I went to town on a tree that then fell on top of Snookums the alpaca.* *This is sarcasm and is not true. I am clearly John Majors. ChickenDoodle fucked around with this message at 21:00 on Apr 14, 2023 |
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Apr 14, 2023 20:53
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Anchorage political football has been spicy, too bad they are using humans as their pigskin 
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Apr 14, 2023 20:58
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a simple statement like "i promise to pay it" likely isnt enforceable anyways, not that you should or would make that statement ChickenDoodle posted:^^^ Can you legally add Dickbutt to that? sure, why not? BigHead posted:The hilarious thing in Anchorage right now where the mayor unilaterally signed an unbudgeted, unapproved, and blatantly illegal contact for millions so that his buddy could build the new homeless shelter and the Assembly refuses to pay out. in Texas, Collin County voted to simply not pay the court-appointed special prosecutors assigned to prosecute ken paxton, and the supreme court said that was a okay
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Apr 14, 2023 21:04
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bird with big dick posted:Dead tree on OPs property tipped over in a storm, destroying neighbors car, roof, and killing two of their five children. BUT, it was their least favorite children
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Apr 15, 2023 15:16
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bird with big dick posted:Dead tree on OPs property tipped over in a storm, destroying neighbors car, roof, and killing two of their five children. In FL the key point of contention would be whether the OP knew the tree was dead or not prior to it falling. If they did not know, they’re liable and insurance will pay. If they had actual knowledge then they’re liable and insurance can deny coverage.
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Apr 15, 2023 16:41
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Mr. Nice! posted:In FL the key point of contention would be whether the OP knew the tree was dead or not prior to it falling. If they did not know, they’re liable and insurance will pay. If they had actual knowledge then they’re liable and insurance can deny coverage. Is it strict liability or something?
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Apr 15, 2023 18:20
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Phil Moscowitz posted:Is it strict liability or something? It’s all basically from a 1985 case Gallo v. Heller. Live tree means no liability for landowner for branch or root damage to a neighbor property. Dead/diseased trees are the responsibility of the landowner. I can’t recall which the insurance coverage part comes from, but I believe my prior statement to be correct.
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Apr 15, 2023 20:42
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Mr. Nice! posted:Live tree means no liability for landowner for branch or root damage to a neighbor property. Dead/diseased trees are the responsibility of the landowner. This part is the same as Louisiana.
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Apr 15, 2023 21:49
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ulmont posted:This part is the same as Louisiana. The FL cases say it’s the majority view in the country. Not all states follow this pattern, though. Neighbors are allowed to indiscriminately prune overhanging branches and remove intrusive roots.
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Apr 15, 2023 21:58
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Mr. Nice! posted:It’s all basically from a 1985 case Gallo v. Heller. Stare decisis isn't real and can't hurt you
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Apr 16, 2023 09:41
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ulmont posted:This part is the same as Louisiana. I believe it still requires knowledge or that you should have known the tree was diseased, weakened, or dead, and failure to exercise due care. Civil Code article 2317.1.
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Apr 16, 2023 12:20
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FL knowledge only matters for whether or not insurance will provide coverage. They can deny if you have actual knowledge of the condition of the tree. Without actual knowledge, the health of the tree just shifts whose insurance is going to pay.
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Apr 16, 2023 13:26
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The last time I had a tree case (admittedly it was like 15 years ago) I remember the issue being whether the homeowner knew or should have known that the tree trunk had rotted, making it susceptible to falling. There was no external way of knowing it, and that was our argument for no liability. Being liable when you have no knowledge of a defect and could not have known even through the use of reasonable diligence seems to be the definition of strict liability.
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Apr 16, 2023 15:21
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I misunderstood your question earlier. Yes, it is strict liability here in FL for the homeowner whose dead/diseased tree falls onto neighboring property regardless of knowledge. This is acceptable to FL homeowners because insurance must cover you if you didn’t have knowledge of the defect. If you don’t have insurance,  get rekt. There is definitely caselaw outlining the fight with homeowners and their insurance over coverage that I don’t know offhand and don’t care to look up right now. If a tree from my neighbor’s property fell on my house, I’d personally file the claim with my own insurance and let them sort out the details. Either they’ll get subrogated or not. I don’t care to take up that fight, myself.
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Apr 16, 2023 16:19
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Phil Moscowitz posted:I believe it still requires knowledge or that you should have known the tree was diseased, weakened, or dead, and failure to exercise due care. Civil Code article 2317.1. Yeah I was assuming knowledge and didn’t consider that part of the fight.
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Apr 16, 2023 22:15
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Hello legal questions thread. I have a bit of a situation on my hands and I'm not sure how to proceed. Before I do proceed, though, I want to make clear that my job does offer a benefit of a free legal consultation for any reason, and I intend to speak to HR tomorrow to take advantage of this. So I am going to be seeking actual legal counsel about this. But I feel like maybe braindumping about it here is not a bad idea as well. I live in Utah. I moved recently(to a place maybe a mile away from the old place, as the crow flies). When I moved to the old place, my wife and I had very low income(about 20% of what it is now). We moved in late 2020 to the old place. While we lived at the old place, the property was sold by the real estate / property management company that owned it, to a different real estate / property management company. The deposit was $1350, $1033 of which was "refundable". This apartment complex is primarily for poor people and old people on fixed incomes. It is very lovely. It was a 600 square foot, 1 bedroom apartment. We decided at the start of this year that since we are doing so much better now that we should move. We found a place, and applied and were accepted for April. I contacted our landlords as soon as we were accepted, several weeks prior to moving out, and let them know we'd like to pro-rate four days of april to make sure we had ample time to move and clean. I did this via text message, and did literally say that we were pro-rating to clean. We scheduled PTO at our jobs for this as well. We bought quite a few cleaning supplies. I inquired several times in the weeks leading up to the moveout about the deposit, the proper procedures for it, and about scheduling a walk-through with them on the last pro rated day so we could shake hands on it and review the deposit. Every single time I inquired about the deposit was ignored. I texted, left voice mails, and emailed. All were ignored, for the 2.5 weeks leading up to the moveout. After we were finished actually moving all our stuff to the new place, we spent nearly 12 hours deep cleaning the apartment. We scrubbed the baseboards. The ceilings, the walls, the doors, the cabinets, the inside and underside of the stove. Everything was left in pristine, move-in ready condition. I felt weird at this point about them ignoring my inquiries about the deposit, so when we were satisfied and proud of our work I took a number of pictures of the unit, everywhere I could think to. The landlords never came for a walkthrough and instructed me to leave the keys on the counter, with the door unlocked(this seemed weird but whatever. again, all communications about this were over text). Over the next two weeks I reached out a couple more times trying to ask about the deposit and they continued to ignore me. I got frustrated and got the number for their chicago area property manager from their website, and called him and threw a fit about the situation and told them that I thought the UT manager was trying to cheat me out of my deposit by not answering. A little later that day, they finally answered me, and said that because we had left the unit "filthy and disgusting" that a cleaning company had to bill then $475 to clean this 600 square foot, 1 bedroom apartment. I responded saying that was impossible and that I had pictures proving it was in no such condition. They asked to see these pictures, and I said no because I was suspicious and was already beginning to think I was going to need to speak to a lawyer. they claimed to have pictures proving that the unit was filthy and disgusting. I asked to see them, they also refused to send anything. At this point all kind of alarms are going off for me. Then, they sent me a receipt from the cleaning company. On the receipt it basically said they had to clean every surface and that the unit was "extremely unsanitary". The receipt didn't look right - the font changed slightly when it got to the part about it being "extremely unsanitary" and also where our address was listed. There was also a strange out of place line. But most importantly, there was a phone number for the cleaning service. I called this number and got no answer, but the voice mail message said 'feel free to text us'. So I did. I angrily texted this number demanding that they show proof that our unit was "extremely unsanitary" as they claimed and sent them a picture of the receipt I sent. The owner of the company then responded - again, over text - that he had no idea what I was talking about, and had just checked his company's records and that his company did not clean this unit. Not him or anyone else at the company. And that they did not make that receipt. At this point I basically turned into a white hot ball of screaming rage. I did some googling and found some news articles about the real estate company. I found the email address of the principal operating partner and principal investment parter. I emailed them both with a full timeline of what had happened and pictures of all the conversations and of the unit as we left it and the receipt. That was last night. This morning I woke up to see that one of the primaries had emailed me back at 3:30 am, and then again at 7:15 am, absolutely panicking, desperate to get in touch with me. I responded at 10:05 and he emailed me back again by 10:06. He venmoed me my full deposit - even the nonrefundable part - back 5 minutes later. I am feeling really freaked out by this whole thing. It seems really clear that the property manager falsified a receipt to pocket my deposit, and never looked at my unit at all. They did not expect me to call the Chicago property manager, and they did not expect me to call the cleaning company and check their records. It is clear that embezzlement and fraud is happening, and they tried to do it to me. I don't know where to go from here. I feel like I have a moral obligation to pursue this because they have undoubtedly done this to people before us and they will do it to people after us if I don't do something. But like I mentioned before, I am only now reaching a place of stability and financial well being in my life and I am terrified of going up against a company like this. This is not a small company. They had over 110 million dollars of real estate and rental properties as of september of last year. But this is wrong. This is evil. This has to be stopped. By contacting the big bosses maybe I did stop this. Maybe that's alll that had to happen. I'm not greedy. I'm not looking for a huge payday for myself or whatever. But it makes me sick to my stomach to think of the people that they've stolen from. These are poor people. Old people on fixed incomes. $500 or $1000 is a life changing amount of money to these people. Since moving to that place our situation changed and we could have gotten along with or without the deposit, but the money still matters to us. But to those people who are still there or who have lived there before it could be the difference between homelessness or solvency, or the difference between getting medical care, or whatever else. I don't even know what words to use to express how angry it makes me to think of this piece of poo poo company or property manager, whoever is to blame, stealing from them. So like I said. I am going to seek legal counsel starting tomorrow through my job. But does anybody know what can be done? Any advice? I don't know exactly what I'm asking for here. This is just a really crazy story and I don't know what to do with it. I'm just some guy. I don't know about housing laws and all this. Any advice about this is really welcome. Thanks for reading.
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Apr 17, 2023 06:07
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Embezzlement and fraud are criminal, report them to your local PD and state Attorney General.
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Apr 17, 2023 06:24
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Media
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Apr 17, 2023 06:44
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bird with big dick posted:Embezzlement and fraud are criminal, report them to your local PD and state Attorney General. But also EwokEntourage posted:Media
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Apr 17, 2023 06:49
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Yeah. Agree with these guys, but the thing is, local property managers are going to have more sway with cops and the DAs office than one former tenant, particularly given the tenant profile of your old place. So they're unlikely to pursue (sorry, but...) low level non violent stuff like this, particularly against someone in good with them, unless you can demonstrate a pattern of this across multiple people, which you can't it seems. Your local news channel, however, with one of those "on your side" reporting teams, will be salivating to doorstop the local managers as they come in to work in the morning. The legal system isn't your best lever here.
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Apr 17, 2023 07:53
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I actually have posted about this in another place, and an investigative journalist reached out to me about it. I'm going to talk to a lawyer before I talk to them though. I really don't want to be on the news for this, or at all, more than anything I wish this just hadn't happened and I wouldn't have to think about any of it. But I see your point. I guess this helps me know what to discuss with the lawyer - especially the topic of, am I opening myself up to some kind of liability by going to the news with this, if I choose to do that. I don't want to get sued into smithereens for libel or anything like that(another batch of laws I am fully ignorant about).
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Apr 17, 2023 08:08
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Did you use the magic words? Utah landlords don’t have to return any portion of your deposit for any reason until and unless you have sent them a letter containing the magic words found in this statute.
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Apr 17, 2023 13:27
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Report them to the police op, including the name of the human being who sent you the forged document. Call the non emergency number and see if they have, like, a burglary/forgery/white collar detective and make an appointment. Handing over a nice collated packet of proof would do a lot to get them to give a poo poo. Screenshot and print everything. Odds are it probably won't get charged, but it'll be out of your hands at that point so you don't need to stress about it! You'll have "done something," and it won't be you vs them, and you can rest easy.
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Apr 17, 2023 13:43
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echopapa posted:Did you use the magic words? Utah landlords don’t have to return any portion of your deposit for any reason until and unless you have sent them a letter containing the magic words found in this statute. well they venmoed me back my full deposit at 10 am on a sunday so I think the words I used could reasonably be said to have been magic, in this context.
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Apr 17, 2023 16:57
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it also removes/hampers your ability to sue, since you have now been made whole
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Apr 17, 2023 18:09
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EwokEntourage posted:it also removes/hampers your ability to sue, since you have now been made whole I figured that might be the case but also figured this may be my only shot to be made whole without a drawn out, potentially years long fight that I don't have the resources for. If it made it so I can't do anything to try to make sure other people are protected or made whole then I guess I am a selfish rear end in a top hat for jumping at the chance but I'm just trying to act in good faith here, have been from the start. I wish I knew more than I do and could navigate it all more adeptly.
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Apr 17, 2023 18:49
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I'd take the money, report to the AG/media, and move on with my life. that's life advice, not legal advice, so I wont charge you $839 an hour for it, but rather, a reduced, friends and family rate of $838. please pay by return mail
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Apr 17, 2023 21:38
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I'll give you the same advice for $738!
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Apr 17, 2023 21:46
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UCIS folks are some stone cold sons of bitches. My sister is Ukrainian, all her passports are Ukrainian, birth certificate, etc. Russa forced everyone in her region of Ukraine to get Russian passports when they took over. Our request to get her a humanitarian parole under Uniting for Ukraine just got denied because the US says she's not a Ukrainian anymore. When I pointed out all the supporting documentation that she's a Ukrainian from Ukraine the agents just pointed to her current passport and said that's that. I guess write a senator or get an immigration lawyer? Can you even argue with these robots in the government?
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Apr 17, 2023 22:24
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spacetoaster posted:UCIS folks are some stone cold sons of bitches. I'm a US citizen and work for a big company and all I had to do was say my boyfriend was my domestic partner and they took my word for it and let me put him on my company legal plan, which gave him unlimited immigration lawyering for free. I mean, you get what you pay for, but at least you'll have a professional to inform you that your immigration papers were lost in a cave (yes, that actually happened). Maybe she has a domestic partner in the US, hint hint?
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Apr 17, 2023 22:39
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Zero VGS posted:I'm a US citizen and work for a big company and all I had to do was say my boyfriend was my domestic partner and they took my word for it and let me put him on my company legal plan, which gave him unlimited immigration lawyering for free. I mean, you get what you pay for, but at least you'll have a professional to inform you that your immigration papers were lost in a cave (yes, that actually happened). Maybe she has a domestic partner in the US, hint hint? It's going to be super difficult getting her out of a warzone anyway, but I don't think that'll work. She's quite disabled, bother physically and mentally. Mom died recently (her sole caregiver) and sister's living situation is deteriorating fast. A lawyer I trust is going to call me tomorrow about this. My main questions for him are: 1. What gets her legally in the US fastest (perhaps a humanitarian parole?) 2. What will keep her here once she arrives (refugee case perhaps?) But I don't know what I don't know to ask about or look in to.
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Apr 17, 2023 22:45
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IANAL but I mean, they literally asked me no questions about it and either of us were free to initiate a call to an in-network lawyer. And they did (eventually) get him naturalized. Then again when it's Ukraine we're talking about, there's gotta be a lot of pro-bono lawyers who would be into that, right?
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Apr 17, 2023 23:02
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BigHead posted:I'll give you the same advice for $738! Sorry suckers I just pirated this advice using a VPN. It's mine now, and I will cherish it forever
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Apr 17, 2023 23:03
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JohnCompany posted:Your local news channel, however, with one of those "on your side" reporting teams, will be salivating to doorstop the local managers as they come in to work in the morning. The legal system isn't your best lever here. Sorry, turns out News 69 On Your Side won't investigate the people who advertise on their network welp It sucks, but you probably ended up accidentally outing a scummy subcontractor who was getting too greedy on pocketing the deposits via fraud, got sloppy, and the corporate office was Very Keen to make sure that the idiot who literally left a paper trail of fraud in their corporate name didn't end up loving them over. It's unlikely you will get any real satisfaction here unfortunately, but you were at least good enough to keep the receipts so keep on doing that. I, also, ANAL, but given that you were made whole and you don't want to put your name out there, it's doubtful an investigative reporter will have much to go with. teemolover42069 posted:Sorry suckers I just pirated this advice using a VPN. It's mine now, and I will cherish it forever Sorry but you didn't use NORD VPN, here is a letter from your ISP about how you are a bad boy.
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Apr 18, 2023 02:20
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Volmarias posted:Sorry, turns out News 69 On Your Side won't investigate the people who advertise on their network welp Yeah I think I agree with this assessment. I've figured out how to use my free legal consult through my job though and am gonna give that number a call tomorrow. But that's probably how it's shaking out. I feel like that property manager is probably fired as gently caress already though
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Apr 18, 2023 02:46
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