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euphronius posted:Part of what you are buying when you buy an attorney is access to power. Truth. In my small corner, anyone can perform the technical work with an hour of instruction. But I'm nice to the judge's secretaries and they accept my stuff nearly sight-unseen, whereas they toss everyone else into the burning pit, cackling with delight.
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Apr 24, 2014 03:26
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woozle wuzzle posted:Truth. Getting to know, and being friendly with the clerks and court coordinators has the highest rate of return on any social capital expended in litigation.
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Apr 24, 2014 03:40
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What sort of requirements need to be fulfilled to obtain a restraining order against a non family member? My wife quit a job after a co worker and her, who were friends, had a falling out. Recently this girl has been sending emails of audio recordings from the previous job to her new employers, pretty clearly in an effort to get her fired. I have evidence of this, there's also been some vandalizing to cars but I can't prove anything. Is there anything I can do to stop this girl?
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Apr 24, 2014 21:20
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RaoulDuke12 posted:Is there anything I can do to stop this girl? 
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Apr 24, 2014 21:39
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RaoulDuke12 posted:What sort of requirements need to be fulfilled to obtain a restraining order against a non family member? We can't answer this question without knowing what state you're in.
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Apr 24, 2014 22:10
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RaoulDuke12 posted:What sort of requirements need to be fulfilled to obtain a restraining order against a non family member? 1) If her conduct rises to the level of criminality, then you should call the police. If you're not sure, don't do it. Filing a false police report can get you in a ton of trouble. 2) I don't know much about family/criminal restraining orders, but I understand that they are generally reserved for domestic issues and cases where you are asking the court to order the person to stay away from yourself. Someone else in this thread can answer better than I. 3) If you came to my office and said "a former, disgruntled employee is trying to cause 3rd parties to breach their contracts with me" then I would tell you that you may have a civil cause of action, and access to an injunction against the bad actor. This is very expensive. 4) Unless the girl is disclosing private facts, or false information, your wife may have quite an uphill battle to stop the conduct.
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Apr 24, 2014 22:10
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quote:We can't answer this question without knowing what state you're in. Oops, sorry. California. blarzgh posted:1) If her conduct rises to the level of criminality, then you should call the police. If you're not sure, don't do it. Filing a false police report can get you in a ton of trouble. Yeah that's the thing I keep telling her, I don't know if what the girl is doing is technically illegal. She's disclosed medical conditions (mental health related), but I assume she's not legally bound to keep them private like a doctor would be. It's just a lovely loving thing to do when all she's trying to do is move on with her life. Civil action is not something either of us are really interested in. I just want it to stop and I was hoping there was some legal way of doing so.
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Apr 24, 2014 23:16
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Definitely absolutely not in any way related to the above specific and actual situation, but hypothetically, is there anything wrong with threatening someone with the action of attempting to get a restraining order against them, even if it's not realistic? i.e. sending someone a certified mailing with some scary sounding letter about how if the current harassment/violation of privacy/etc. isn't immediately stopped, a court-ordered restraining order will be sought and yadda yadda.
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Apr 24, 2014 23:24
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That happens all the time, but lots of people wouldn't give much weight to a letter that's not from a lawyer (and even then...) or accompanied by a court summons. On the other hand, it might intimidate, uh, less sophisticated folks.
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Apr 25, 2014 00:01
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the milk machine posted:On the other hand, it might intimidate, uh, less sophisticated folks. That was my thought. Hypothetically.
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Apr 25, 2014 00:35
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On the other other hand, a threatening letter could also make a fixable situation into a lawsuit if the recipient lawyers up and beats you to the courthouse.
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Apr 25, 2014 01:55
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It could also piss them off and intensify their efforts / obsession.
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Apr 25, 2014 01:57
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All absolutely true, really depends on the recipient.
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Apr 25, 2014 02:00
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She just mentioned that the recording in question is between her and a different friend, and that the third person who recorded it was not present in the room. Isn't that, like, illegal?
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Apr 25, 2014 02:14
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This link may have some helpful information, but it's just the first google result, so...: http://www.dmlp.org/legal-guide/california-recording-law Edit: I didn't mean to sound snarky, I meant it in the sense of "you get what you pay for." the milk machine fucked around with this message at 04:48 on Apr 25, 2014 |
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Apr 25, 2014 02:26
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Ok ok point taken, sorry. Edit: gotcha, no worries, we lawyered up so we will see how things go. Thanks for the link regardless, it was good to see the entire law. RaoulDuke12 fucked around with this message at 22:29 on Apr 25, 2014 |
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Apr 25, 2014 02:37
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I'm hoping I'm not out of place in posting this here as opposed to a whole new thread. I'm hesitant that it's deserving of its own thread so I'd rather let others be the judge on that. Any advice or guidance on this matter would be greatly appreciated as I'm starting to pull my hair out in frustration after a million and one Google searches have yielded 0 results. This question would relate to Virginia employment law. My Question: I was able to find some (very limited) information after doing Google searches on who I can contact (before lawyering up) if a former employer violates COBRA processes. However, I wasn't really able to find anything on if a former employer violates Virginia Continuation Plan processes. I got the impression that because the continuation plan is state-based, the same agency doesn't apply or assist. Is there an agency that I can get involved that will actually do something if a former employer fails to cash the initial check and submit the paperwork for healthcare to be continued after an employee resigns, or if the former employer fails to cash payment checks in a timely manner thereafter, resulting in cancellation of the coverage due to non-payment of premium? Or is my only real option to just consult with a lawyer and see if I have a case if either of those things happens? [ EDIT: Back story removed in case I do need to lawyer up and because question has been answered. ] CheeseKate fucked around with this message at 16:55 on Apr 25, 2014 |
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Apr 25, 2014 06:06
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Apr 25, 2014 14:35
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Send me $100 Cheesekate and I will read your novel.
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Apr 25, 2014 15:08
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Oh man it is always so fun to see someone just blindly post in this thread without reading in the least. So lawgoons let me ask a dumb question. I mentioned a few months ago being pulled over I was pretty mad about it. I have never received a ticket in the mail. Can I assume that I was not in fact cited? I feel like if I call I'm asking for a problem but at the same time I don't want a surprise warrant for a ticket that I never received or some similar bad thing.
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Apr 25, 2014 15:25
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Ask your local courthouse if there's anything outstanding for you? Worst case scenario you end up with the ticket, as opposed to having a warrant out for your arrest. I'm not a lawyer but I understand that's annoying. When I was in college the local provincial police station would do a free computer check on you whenever you wanted (We had to get a paper saying "We don't have a criminal record on file for this guy" once a year); I don't know if a similar service would be available in your area. Or if you'd get arrested on the spot if you have an outstanding warrant.
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Apr 25, 2014 15:28
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CheeseKate posted:sweet fancy moses Here's a thing about it, and there's phone numbers and stuff... http://www.tfabroker.com/folders/1322062489.pdf [I think that was first google hit on "virginia continuation"]
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Apr 25, 2014 15:31
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jassi007 posted:Oh man it is always so fun to see someone just blindly post in this thread without reading in the least. Is your DOT address up to date? People often forget to update it when they move a lot (young people.)
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Apr 25, 2014 15:50
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euphronius posted:Is your DOT address up to date? People often forget to update it when they move a lot (young people.) Understandable but it is. I am not so young anymore sadly. It was a state trooper so I assume I should call the local state police barraks? PA
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Apr 25, 2014 15:52
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jassi007 posted:Understandable but it is. I am not so young anymore sadly. It was a state trooper so I assume I should call the local state police barraks? PA Oh hey PA I know about PA!! Look for your name here http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx
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Apr 25, 2014 15:54
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euphronius posted:Oh hey PA I know about PA!! Cool I'm not on there guess it's no biggie. Just curious do they send tickets with some way for them to prove delivery? If not why not? Just curious at this point
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Apr 25, 2014 16:02
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They usually hand them to you at the time of citation. Or, if you are too drunk or whatever, they mail it to your home address. Regular mail. If it gets there late you can argue for an extension from the 10 days you get to make a plea / pay the fine.
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Apr 25, 2014 16:04
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euphronius posted:They usually hand them to you at the time of citation. Short answer he was in a hurry to get somewhere else.
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Apr 25, 2014 16:23
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woozle wuzzle posted:Here's a thing about it, and there's phone numbers and stuff... Thanks, woozle. Appreciate the help regardless of how silly of a question it might have seemed to others. For some reason, none of my Google searches on my iPad pulled this result up but when I searched from my desktop just now I do see where it was the top result. Or maybe I just missed it during my initial searches as I got more and more frantic to find an answer. Anyway, thanks, that's exactly what I was looking for.
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Apr 25, 2014 16:51
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This isn't a question, just a rant about a co-worker I thought people here might appreciate/be just as annoyed by as I am. He's getting a divorce, but he doesn't want to spend money on a lawyer, so he's just working with a paralegal to get the filings right. He refuses to understand that with a house and child support on the line, he really needs someone negotiating on his behalf, and that he stands to lose so much more than the cost of a lawyer. When he got his last paycheck, which included a large travel reimbursement so was much larger than normal, it auto deposited to their joint account and she drained the account. In her latest filing, she's asked for sole custody of the kids- he's already ceded the house to her and the kids because he wanted to disrupt the kids' lives as little as possible. Watching this happen is just painful. There's no way he doesn't come out better paying a lawyer for help, but he just sees it as an expense he can't afford.
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Apr 25, 2014 17:17
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You can do a divorce pro-se. I did. It just needs to be completely free of contested items and you need to still be on decent speaking terms with your soon-to-be-ex spouse. Which is not most divorces.
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Apr 25, 2014 19:24
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Sefer posted:This isn't a question, just a rant about a co-worker I thought people here might appreciate/be just as annoyed by as I am. He's getting a divorce, but he doesn't want to spend money on a lawyer, so he's just working with a paralegal to get the filings right. He refuses to understand that with a house and child support on the line, he really needs someone negotiating on his behalf, and that he stands to lose so much more than the cost of a lawyer. When he got his last paycheck, which included a large travel reimbursement so was much larger than normal, it auto deposited to their joint account and she drained the account. In her latest filing, she's asked for sole custody of the kids- he's already ceded the house to her and the kids because he wanted to disrupt the kids' lives as little as possible. the common law latin phrase for his specific situation is this: est fuckedo
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Apr 25, 2014 19:46
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Child Support is usually automatic. The house poo poo yeah he needs a lawyer. This is why I tell people not get married.
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Apr 25, 2014 19:56
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Or marry a lawyer! Then when you get divorced, you, uhhh...oh.
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Apr 25, 2014 21:14
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Divorce is still typically about dividing the house... except nowadays that means playing hot potato with the liability on the underwater mortgage.
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Apr 25, 2014 22:28
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buttcoin smuggler fucked around with this message at 00:06 on Apr 27, 2014 |
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Apr 26, 2014 08:21
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Sure doesn't look like it. Sounds like they charge you to send threatening letters to your landlord; otherwise they're flirting with unauthorized practice of law.
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Apr 26, 2014 16:22
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buttcoin smuggler fucked around with this message at 00:06 on Apr 27, 2014 |
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Apr 26, 2014 17:30
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buttcoin smuggler posted:Yes, that's why I asked. Oh well. IANAL but where I live there is a group called the Tenancy Claims Tribunal who exist to basically mediate any and all disputes between landlords and tenants. Why is the landlord withholding the deposit? For repairs or damage you did to the place? Because if so, you might not have any luck getting it back (unless you can prove the damage was there before you)
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Apr 26, 2014 22:12
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buttcoin smuggler fucked around with this message at 00:06 on Apr 27, 2014 |
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Apr 26, 2014 22:23
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