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negative tradelines can only report for 7 1/2 years, so anything from 2017 only has a few years left of credit reporting at most
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Apr 19, 2023 16:02
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therobit posted:Look I don’t want to second guess her lawyer but $10k is not worth filing bankruptcy over. Did she actually co-sign on this one or not? If she wasn’t served and didn’t sign it or did not get notified of the debt then it can be unwound. I bet some amount of that is late fees even if it is a valid debt and if she gets the judgment unwound then they may be willing to negotiate once the judgment is vacated. Yes, it’s possible thee is other stuff out there but at this point if it’s not on her credit and she’s not aware of it it isn’t likely to pop up again. That is my thinking. Her fear is that there is huge amounts of debt out there she doesn’t know about, because she didn’t know about this. However, she did co-sign this lease. That is why I don’t think there’s anything hosed up about it. Yes, it sucks that when you were in an abusive situation you got coerced into signing a lease that was then broken. But she did sign it. That’s also why she didn’t challenge it. My only question about it is: how did they make that judgement without ever once contacting her? She didn’t get a letter, a knock on the door, or an email. She learned about it by having her wages garnished? Is that how it works? Second, is there not a way for her to get a report on everything that is outstanding, debt-wise, from her ex-husband during their marriage? If she can get that, even if there is debt, she can get out ahead of it. I just think bankruptcy is the nuclear option. If we were talking hundreds of thousands on judgements, yeah sure. But I feel like this is a knee-jerk reaction that is going to bite her (and I) in the rear end for the next decade.
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Apr 19, 2023 16:14
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They almost certainly went through the legal hoops to attempt to serve her then got a default judgment and used that as the lien garnishment. The garnishment is likely occurring because of the judgment, and that should be the first thing challenged. Now, the challenge against it could get the judgment and garnishment overturned, but it will not necessarily stop the debt collection. This may be why some people have recommended bankruptcy. You can get loans following a bankruptcy but the interest rates and such will be higher.
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Apr 19, 2023 16:17
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Mr. Nice! posted:They almost certainly went through the legal hoops to attempt to serve her then got a default judgment and used that as the lien garnishment. The garnishment is likely occurring because of the judgment, and that should be the first thing challenged. Honestly the 10k isn’t a big deal. The concern is “how much more debt there could be?” And “is it worth it to declare bankruptcy?”. But the fact that there was zero notice of this judgement beforehand is concerning.
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Apr 19, 2023 16:48
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If you’ve got the money to pay off the apartment collections, it might be worth your time to contact an attorney in that jurisdiction to get the judgment overturned and just settle with them for a lump sum. This will be more difficult after final judgment but will also clear the judgment from her record which the bankruptcy will not.
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Apr 19, 2023 17:41
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Mr. Nice! posted:If you’ve got the money to pay off the apartment collections, it might be worth your time to contact an attorney in that jurisdiction to get the judgment overturned and just settle with them for a lump sum. This will be more difficult after final judgment but will also clear the judgment from her record which the bankruptcy will not. She’s contacting her lawyer about that. What is the best way to go about finding out about any outstanding debt he may have incurred during their marriage that is not on her credit report. And exactly what debt is owed after divorce when married? If he was just taking out payday loans in his name, could she be held liable? Does abuse (which is one charge he is jailed for, both against her and children) allow for some reduced liability? With all this, assume her ex is the absolute worst person possible who would use both sketchy and outright illegal tactics to get money.
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Apr 19, 2023 17:48
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I was talking with our UPS driver as well as a driver from a different delivery company and they both say that if they are taking unauthorized breaks or screwing around on the clock, the company calls that "stealing time". Is "stealing time" even an actual legal concept in the sense that it is theft?
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Apr 24, 2023 17:45
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Not sure if this is the right thread for it, but I just got a parking ticket in Madrid. 90 bloody euros. The car rental company obviously has my personal and payment info, but if I tell my credit card that the charge is in error and they should not honor it... what happens? I'm not sure what recourse the company has in that care. (Blah blah blah totally honest person in other circumstances, blah blah blah 90 freaking € for an honest mistake)
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Apr 24, 2023 19:36
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I'm not a lawyer but lying to your credit card company sounds like fraud to me I'm sorry you parked where you weren't supposed to, that sucks, but IMO you should pay the ticket
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Apr 24, 2023 19:40
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Xander77 posted:Not sure if this is the right thread for it, but I just got a parking ticket in Madrid. 90 bloody euros. Your rental agreement almost assuredly has something saying you agreed to pay all tickets and fines. Your rental agency will show that to your credit card company and they will get your money. You probably won’t be able to rent with that rental agency again and notes will go on your credit card account that you have a history of questionable disputes.
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Apr 24, 2023 19:42
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The car rental company that probably sees a dozen people try to do this every week has probably gamed out a process to get their money far further than you ever will be able to.
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Apr 24, 2023 20:18
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My "totally honest person in other circumstances" T-shirt has people asking a lot of questions already answered by my shirt.
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Apr 24, 2023 20:28
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Do people who are victims/relatives of victims sue the perpetrator? Like, say your kid got murdered. The state brings charges against the fellow who did it, but is there anything stopping you from suing them in addition? I was thinking about
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Apr 24, 2023 21:01
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The first thing to do when considering lying to people about money is to post online about it, so well done on getting step one out of the way.
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Apr 24, 2023 21:01
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E-flat posted:Do people who are victims/relatives of victims sue the perpetrator? Like, say your kid got murdered. The state brings charges against the fellow who did it, but is there anything stopping you from suing them in addition? Sure. O.J. Simpson's wrongful death suit, for example.
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Apr 24, 2023 21:06
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Are "stand your ground" laws an effective defense in civil suits? I don't know if this applies to any recent murders.
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Apr 24, 2023 21:40
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Skunkduster posted:I was talking with our UPS driver as well as a driver from a different delivery company and they both say that if they are taking unauthorized breaks or screwing around on the clock, the company calls that "stealing time". Is "stealing time" even an actual legal concept in the sense that it is theft? No
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Apr 24, 2023 22:42
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E-flat posted:Do people who are victims/relatives of victims sue the perpetrator? Like, say your kid got murdered. The state brings charges against the fellow who did it, but is there anything stopping you from suing them in addition? There is not. The thing that usually stops people is that people who get caught doing violent crimes often are what we call “judgment proof” in that they have very little in the way of assets and no job. These hair-trigger idiots may at least have some form of homeowners / liability coverage so they are more likely to be sued than usual.
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Apr 24, 2023 22:56
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sullat posted:No[t yet]
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Apr 24, 2023 23:05
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Guy Axlerod posted:Are "stand your ground" laws an effective defense in civil suits? I don't know if this applies to any recent murders. In FL, yes.
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Apr 24, 2023 23:23
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Skunkduster posted:I was talking with our UPS driver as well as a driver from a different delivery company and they both say that if they are taking unauthorized breaks or screwing around on the clock, the company calls that "stealing time". Is "stealing time" even an actual legal concept in the sense that it is theft? If they could throw you in jail for it, they would. Unsurprisingly, it's a very convenient way to get rid of people for ulterior motives. Review old camera footage and clock in/out times and you'll always find some discrepancy or proof of someone being idle on the clock. Thesaurus fucked around with this message at 04:57 on Apr 25, 2023 |
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Apr 25, 2023 04:52
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Thesaurus posted:I've interviewed managers about this topic who told me stone faced that "stealing time" (by such outrageous conduct as taking an extra smoke break, being slow to come back from lunch, goofing off) is EXACTLY the same as stealing actual money or any other physical asset from the company. Is there any recourse for the employee for being falsely accused of theft?
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Apr 25, 2023 18:23
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Skunkduster posted:Is there any recourse for the employee for being falsely accused of theft?  no.
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Apr 25, 2023 18:25
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Honestly robbers gotta step it up, those are rookie numbers.
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Apr 25, 2023 18:49
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Thread success story: I told my neighbor to shove their request for money, that they denied the worker from entering to fix their poo poo and now it’s their problem. They actually called him back in because they didn’t know he wasn’t finished. Idiots. Anyway it’s no longer my problem so thank you Law Goons 
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Apr 25, 2023 22:03
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Trapick posted:Honestly robbers gotta step it up, those are rookie numbers. They did, by rebranding as employers
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Apr 26, 2023 01:28
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Skunkduster posted:Is there any recourse for the employee for being falsely accused of theft? Only if they're using it as pretext to fire you for some discriminatory or otherwise unlawful reason (and you can prove it), i suppose. It's wild how few rights employees have in this country and how hard it is to enforce the few that exist.
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Apr 26, 2023 03:24
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Being active in a union, we (AFSCME) have never had more inquiries about how to unionize workplaces. Successful ones too - a Sourdough bread bakery (80 employees), a game store just in the last few months. Others have been working on getting contracts, the Wisconsin Red Cross nearly struck, and management caved. Getting rules out in writing is good for both sides, and makes for stable workplaces where people stick around. The low unemployment rate helps negotiation.
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Apr 26, 2023 16:23
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A third of Canadian federal employees have been on strike going on ten days now, it’s pretty awesome watching the government gently caress it up so badly.
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Apr 28, 2023 00:19
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I found a nearby injury lawyer two weeks ago (I wanna say it was the 11th), and they said they'd call me back within 48 hours and tell me if they'd take my case. They didn't. I called them on Tuesday the 25th for a status report and was told their lawyer was in court for all of last week and to expect a call tomorrow. They never called. Do I give them time or look for another one?
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Apr 28, 2023 01:34
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That Old Ganon posted:I found a nearby injury lawyer two weeks ago (I wanna say it was the 11th), and they said they'd call me back within 48 hours and tell me if they'd take my case. They didn't. I called them on Tuesday the 25th for a status report and was told their lawyer was in court for all of last week and to expect a call tomorrow. They never called. I’d look for another one OP.
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Apr 28, 2023 01:36
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Hypothetical Question: Our neighbors dogs got out while the neighbor was away. The dogs have gotten out and injured another dog before, so I went to get them back to prevent more attacks. The dogs are fine with adults and I herded them back and locked them in their yard. They were off-leash, so luckily there weren’t any other neighbors walking their small dogs at the time. Could I have been held liable if the off-leash dogs attacked another dog/human while I was getting them back? They travelled a fair bit away from their house and were still going when I caught up to them, so arguably I was responsible for turning them back the way they came. Mainly curious because there’s a good chance this happens again.
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Apr 28, 2023 03:21
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I was curious about liability for airport security. Going through an EU airport, I did not have documents saying I did not have to put a medical device through an X-ray on my person. I had them on my phone which was in my bag going through the main conveyor. The guy doing security at the metal detector said if I did not immediately have the documents I had to put it through a smaller scanner. He asked why I was worried about the device when he sees people put devices through all the time. I said those people were idiots but he didn’t like that answer and didn’t let me go get the documents. So I put it through. If it malfunctions later I’ll deal with it then, I’m not too worried about it. Functionally its my own dumb fault for not carrying a paper copy on me, but I was curious- does airport security have the same sort of immunity as cops, where they can do dumb harmful poo poo and avoid any consequence? If I had something that I needed to be conncected to 100% of the time and the guy would not let me get my documents and I suffered injury, is there liability? Obviously I could sue as much as id like in civil court, but I was thinking from a criminal law perspective whether I could press the issue. I assume I couldn’t, but its a fun way to fantasize about wannabe cop over here swinging his dick and getting in trouble for it.
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Apr 28, 2023 12:01
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That’s going to be specific to the country and area you where flying through. Saying you were in the EU is useless as far as determining liability of any sort because every nation is going to have their own laws.
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Apr 28, 2023 13:09
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Mr. Nice! posted:That’s going to be specific to the country and area you where flying through. Saying you were in the EU is useless as far as determining liability of any sort because every nation is going to have their own laws. This was France, through CDG.
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Apr 28, 2023 13:11
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sephiRoth IRA posted:This was France, through CDG. Seems like the airline is liable if your carryon luggage is damaged: https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm#luggage I sincerely doubt there is any criminal liability anywhere in the world for the fact pattern you described.
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Apr 28, 2023 13:23
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Mr. Nice! posted:Seems like the airline is liable if your carryon luggage is damaged: https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm#luggage Yeah, that makes sense. Like I said, just curious. I’m sure no one has ever died due to a security checkpoint guard being an rear end at a major airport Thanks for the reply!
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Apr 28, 2023 13:36
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FrozenVent posted:A third of Canadian federal employees have been on strike going on ten days now, it’s pretty awesome watching the government gently caress it up so badly. Why don't they just make it illegal to strike and then fire all the striking workers?
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Apr 28, 2023 15:15
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Democratic Pirate posted:Hypothetical Question: maybe. maybe not. I would assume not but it depends on your level of involvement and a lot of the particular facts since it'd be a negligence claim, to what extent does involving yourself create a duty of care. you could likely counter/crossclaim the dog owner for liability / damages if you got sued, insurance companies would be involved, it'd be a whole thing
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Apr 28, 2023 16:15
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sullat posted:Why don't they just make it illegal to strike and then fire all the striking workers? They’d lose their next election. Also doing that would be illegal as all heck. Edit: also a lot of those people have skillsets that don’t really exist outside government so getting things back up to speed would be difficult. Also have you see the labor market right now? Also you’re joking right? FrozenVent fucked around with this message at 05:23 on Apr 29, 2023 |
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Apr 29, 2023 05:20
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