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BonerGhost
Mar 9, 2007

Because you can have alcohol in your system below the legal limit and don't want to risk a false reading?

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BonerGhost
Mar 9, 2007

What happens when your rental lease expires but you continue to rent month to month without a current lease? As a renter are you obligated to follow terms in an expired lease? I'd expect to have to abide by basic common sense and local laws, of course, like continuing to pay the rent and not destroying the premises. I live in Nebraska.

The rental company managing my apartment requires some ridiculous 60 day notice if I want to move out at the end of my lease. That makes no sense to me, since I've never encountered anywhere in this area that will hold any home for more than 30 days. I'm convinced it's a tactic to make people continue to renew their leases rather than deal with the hassle of trying to leave without having to pay an extra month's rent as a fee. There are month-to-month leases available, but my lease is a fixed term.

It's occurred to me that if my lease is expired and there's no current agreement on file, I should be able to leave with 30 days notice just as they could tell me to leave with 30 days notice (provided the reason isn't for non-payment or filth). Am I wrong? Is there a better way?

BonerGhost
Mar 9, 2007

I now live in NE. When the debt was incurred I lived in IA. I'm the defendant in a civil suit (around $500) - not small claims, the clerk of court tells me - for a payday loan that got away from me a year ago. There was an unexpected flooding issue with my apartment and I got to find a new place to live with 2 hours notice. The whole month was a mess.

I fully intend to pay the original debt I owe which is the amount of the loan plus the fee. What confuses me is that the contract says "if the check is not negotiable on the date payment is due, I will pay a penalty of $15 as authorized by Iowa code section 533d.9(2-d) as its exclusive remedy and no other penalties may be charged pursuant to this chapter or any other provisions under the law." In the court petition they're just requesting the amount I think I owe. I found a letter from them where they tried to collect additional interest on top of the fees included. Doesn't the contract preclude that? I assume they're going to ask for court fees which I assume is reasonable. So far everything's happened by mail. Should I expect to actually have to go to court or can I just answer and send payment?

BonerGhost
Mar 9, 2007


euphronius posted:

Is there a lawyer's name listed for the opposing party?


There is. Are you suggesting I get one too? I was trying to avoid that since I didn't want to be paying the original debt, their costs, then costs for another attorney. I spoke to them once on the phone and they weren't forthcoming with information. It took them about a month to even send me a copy of the contract.

BonerGhost fucked around with this message at 02:32 on Jun 28, 2012

BonerGhost
Mar 9, 2007

Thanks for chiming in, my main questions are really about how court proceeds. Unfortunately I already asked them about it and they told me "this is what you owe and no payment arrangement is offered" which is not me paraphrasing. I can use Google to look up cited code but it doesn't tell me a whole lot else. Case in point: the debt thread we have that is laypeople guessing at how to handle lawsuits.

E:I have 30 days to respond and I mean to have the debt plus $15 paid anyway by that time. Would I need to physically appear in court or is it enough to just provide the documentation they're asking for? I work 9 hour days and I don't expect them to let me pick my court date.

BonerGhost fucked around with this message at 03:44 on Jun 28, 2012

BonerGhost
Mar 9, 2007

It was my understanding that buying something "as is, with no warranties or guarantees implied or stated" meant you could be buying a literal death trap. Doesn't a buyer have the responsibility to inspect it?

BonerGhost
Mar 9, 2007

Jeez guys I tuned out when I read "we get food stamps" and "I'll just take out more student loans" on the same page.

Uh student loans can't be put off forever or am I doing this wrong by paying them?

BonerGhost
Mar 9, 2007

Counselor Wuzzle, that takes money. Hello.

BonerGhost
Mar 9, 2007

Can someone tell me why in NE, someone might choose regular civil court instead of small claims over roughly $600? It seems to me it's just a way to get more billable hours to stick the defendant with at the end. Is there something I'm missing?

BonerGhost
Mar 9, 2007

Thanks for the input. How does a lay person get a case moved to a court that doesn't burden him so much with discovery and court rules etc? As far as I know, the only damages are money. If a defendant doesn't answer the summons within 30 days due to a stupid mistake like writing down the wrong day in the calendar, is there any recourse to get it taken care of?

BonerGhost
Mar 9, 2007

If you're preparing to file for Chapter 7 bankruptcy, what should you look for in an attorney or what should you look out for? I've retained one, but I'm not sure what questions I should even be asking apart from, "Do you think this will be successful?"

It's unusual to me to pay for a service before it's rendered, so I'm a little on edge. Any suggestions?

BonerGhost
Mar 9, 2007

I understand possession of burglary tools is a felony in some states. How do locksmiths protect themselves from being charged? How do they protect themselves from liability if they let someone into the wrong place? Do they just have to carry a ton of insurance?

It would be nice to make a few bucks on the side because I live in a building with no dedicated lockout service in NE, but I also don't want to go to jail.

BonerGhost
Mar 9, 2007

Spoondick, I've been a tech for going on nine years. I know where you're coming from with this. That pharmacist screwed up bad. So did you.

GET A GODDAMNED LAWYER. You are not a lawyer and if you do this yourself you are going to jail. We only have your side of the story and you have not been painted well. A judge and/or jury is going to take one look at this and not see an isolated outburst, they are going to see a pattern of volatility and then your credibility is shot.

Fix your previous posts and don't be that guy who tried to go pro se on a bunch of DUIs. Good luck to you.

BonerGhost
Mar 9, 2007

I don't know what to do here. I live in ne and work in ia. I have been sick with something that my pcp, a surgeon, and radiologist have been unable to diagnose or to effectively treat.

Yesterday I bought myself an ambulance ride. When I got home I called work to let them know what was going on and to let them know I wouldn't be in today. This morning I am called by my immediate supervisor and she tells me the store manager insists I have no sick time available. According to the benefit info I have at home and another manager looking up my info, I have sick hours available to cover this shift. Since he believes I have no sick time available, the store manager is going to write me up for the absence.

The only way the info I have would not be correct is if I have used a sick day in the last 2 weeks. I don't believe I have. My immediate supervisor cannot tell me when this other day was taken. Also, I have no idea where the information that the store manager has is coming from. My immediate supervisor either can't or won't tell me.

Last week I traded shifts with another employee to cover time I needed for a procedure. I didn't use any pto on this day because we each worked the same number of hours that week that we would have if we worked our original shifts. I also informed my immediate supervisor of the intended swap and asked her if that was alright. She said it was. I'm concerned our payroll person might have put me in for a sick day there where it was neither needed nor asked for. I haven't yet been paid for that period.

This company is huge. I have worked for them for 8 and a half years, I am a good worker and consistently get good reviews, I've never been written up once. I'm bewildered by all of this. Apart from filing for fmla coverage, I don't know what to do next. The store manager has had several complaints filed against him for the way he treats employees. I don't want to get myself in a position where I'm being forced to come to work just so I won't lose my job, because the state licensing body can discipline me for coming in under the influence of the drugs I've been prescribed.

BonerGhost
Mar 9, 2007

Propofol hurts like a bitch and Versed is awesome can I have your next dose if you don't want it?

If you knew the general anesthesia would cause unconsciousness and/or amnesia, what's the problem with the Versed? Not trying to be snarky. It just seems like the only difference is one was administered in the pre-op room and the other in the surgery.

E: you can and will say things under anesthesia and have no recollection of it. Which medication causes it makes no difference. Yes, it is bothersome, but unless you're holding onto state secrets and one of the OR staff is secretly a commie agent, it's quite unimportant.

BonerGhost fucked around with this message at 07:13 on Nov 29, 2012

BonerGhost
Mar 9, 2007

Being administered a sedative in a controlled medical setting prior to surgery is not the anesthesia equivalent of a Million Dollar Baby-style sucker punch before a boxing match. You are splitting hairs needlessly. You consented to anesthesia; anesthesia was administered to you in a safe manner consistent with standards of care in a controlled setting and no one roofied you. Did a benzodiazepine slaughter your family?

P.S. people do often speak or move under general anesthesia and it is not always the result of gross negligence. :ssh: they just don't remember doing so!

BonerGhost
Mar 9, 2007

Somebody brushed up against me the other day and I had forgotten it until they said something, how much can I get for pain and suffering? I shouldn't have to worry about someone brushing up against me!

BonerGhost
Mar 9, 2007

E: nevermind you're a retard and all the effort on the world would be lost on you

One time I had surgery and I told a nurse in a stage whisper "I don't give no fucks!" Because Versed is hilarious and you obviously hate life.

BonerGhost fucked around with this message at 07:06 on Nov 30, 2012

BonerGhost
Mar 9, 2007

What if he didn't have a very pleasant glove to start with? Wouldn't that be enrichment?

BonerGhost
Mar 9, 2007

In regards to the attorney who bills a little creatively for office supplies and overtime, is that really ethical? I assume lawyers have their own codes beyond industry standards, but is that type of billing pretty common or accepted?

By no means do I think he shouldn't be paid for his time and expertise, please don't get me wrong. If he's working overtime, obviously that time should be paid at a premium above a professional fee. Looking in from the outside, though, it really seems like a case of working more slowly or choosing the most expensive option since it's someone else's dime.

I'm thinking of it in the context of other professionals where you're billing (or paying) for expertise and time, not a specific outcome. I think your average lay person is going to expect the overhead (loosely defined here as any costs that are not specifically those of your mental ability, education, experience, etc. but concrete costs like staples and paper and fuel) to be worked into the fee, and not just because the average lay person doesn't know how to think.

Does an attorney have any obligation to a client to a certain standard or level of efficiency? For that matter, does he have any obligation of transparency in how he bills ahead of time or is it simply buyer beware? Just as an example, I would wonder if I'd been cheated if my attorney had a lot of technology at his disposal for which I'm ostensibly paying worked into his fee, and then I'm charged for the three reams of paper it took him to print research, the staples to keep it together, and the 10 minutes it took to itemize the supplies, then the paper my billing statement goes on, then the time to bill for the paper my statement went on...

I'd expect him to meet me in the middle at least, maybe charge me 1.5 reams or have it worked into his fee to start. Is that unreasonable?

Is that seen as scummy within the industry or is there really that much of a "got mine!" attitude? Is it not that attitude at all and I'm misreading it? If it seems like I'm criticizing, I don't mean to. I'm genuinely curious. Insurance companies have providers by the balls, even a doctor has a hard time billing that way unless they're totally self pay providers.

BonerGhost
Mar 9, 2007

Andy Dufresne posted:

The thing that stood out to me wasn't charging for office supplies, but rather billing the client for dinner and rides home from work. That seems pretty far fetched.

I can see some amount for meals and a ride. Working past when the train stops and eating at the office when you hadn't planned it objectively costs more. I'd expect to split the difference or pay only the difference, though, because the guy was going to have to eat and get home anyway. I'm playing a hunch here but I'm going to guess Thursday isn't always lobster night at the JD's's's if you're picking up what I'm putting down

E: thank you euphronius

BonerGhost fucked around with this message at 21:12 on Dec 5, 2012

BonerGhost
Mar 9, 2007

I don't doubt you for a second. The example of the guy at the big firm seemed like the guy doing it because he could. I guess I'm wondering about that.

Hell yeah if you're going above and beyond a client should be paying the above and beyond rate.

But the guy using a limo instead of an available taxi and billing the client? That has to be an outlier, right?

BonerGhost
Mar 9, 2007

euphronius posted:

I would trade the current legal method in 1 nanosecond for the ability to bill Medilegal or Aetna Legal insurance for a legal procedure.

You wouldn't if you knew more about insurance companies. My insurance just lowballed an anesthesiologist MD down from the $4000 he charged to $240. $240 is not what I pay. That is what insurance paid. No one pays the remaining $3770. That doctor eats it because insurance companies are worse than lawyers. :v:

BonerGhost fucked around with this message at 10:31 on Dec 8, 2012

BonerGhost
Mar 9, 2007

Aw guys don't be mad. Insurance companies suck was the joke (and my arithmetic skills, evidently). They exist to stiff providers and collect premiums.

Next thing you're going to tell me is it doesn't cost hundreds of thousands to go to law school and you don't just work 9 to 5 and roll in money when you get home.

BonerGhost
Mar 9, 2007

It doesn't sound as if they have any contract with you to breach as you were (I assume) denied a lease. Unless by "rejected from a rental company" you mean something like you were denied employment but that doesn't sound like it's the case.

The administrative and application fees cover the time and supplies needed to pull a credit report and do other paperwork. You applied, they rejected your application. Does your contract state you're entitled to a refund if your application is declined? That's how rental agencies operate. The alternative is a private owner.

BonerGhost
Mar 9, 2007

They're daring you to take it to court because what you're asking for and getting pissed about is ridiculous. The post you quoted went quite a ways over your head. I'm guessing your app fee was $25 and admin fee somewhere around $50? Surely no more without an agreement from them that it's refundable if you're denied, otherwise why pay such a high fee you can't afford if you're denied? Care to take a wild guess why it wouldn't be worth your while to take it to court?

To put this in perspective, how successful do you think you'd be suing your cell carrier for passing taxes and fees on to you above and beyond your service rates? If they didn't tell you it'd be refunded, that's what you get when you assume, and if they did, get out in writing or it didn't happen.

BonerGhost fucked around with this message at 01:21 on Jan 30, 2013

BonerGhost
Mar 9, 2007

Do foreclosure proceedings generally provide for disposal and use of abandoned personal property? If they don't, could that behavior be called conversion or something similar?

BonerGhost
Mar 9, 2007

Call me crazy but I think a call to the local health department might go a ways in documenting that your apartment is uninhabitable due to RAW SEWAGE (better or worse than cooked?) and give your landlord a little "incentive" to stop renting that space as is. My local health department evacuates people with help from law enforcement if necessary for simply not having sewer access for too long, their cutoff may even be 24 hours.

Of course, I'm not a lawyer and I'm sure as hell not your lawyer. Just an idea.

BonerGhost
Mar 9, 2007

Kneel Before Zog posted:

Redacted to cause no further harm to the stupid

What did I miss in the early days of this saga? Which character are you pretending to be and what about "GET A LAWYER" from a lawyer in a thread full of lawyers for people who have questions lawyers know answers to says to you that you THE LANDLORD doesn't need a lawyer?

If you knew the answer, why did you ask?

E: Rofl you stupid gently caress I hope someone finds out what you're posting and it's subpoenaed no knowledge my rear end

BonerGhost fucked around with this message at 01:45 on Feb 4, 2013

BonerGhost
Mar 9, 2007

Seems dumb to have a lane for transponder-only tolls but not spell out that there is no cash option. I'm not saying it's dumb to not have a cash option, I understand the reasoning perfectly and agree, just saying it might be useful to say there is no cash option. But then again, CA makes $500 a pop so maybe they're dumb like a fox.

Do those circles describe a collision? What is that?

BonerGhost
Mar 9, 2007


We mainly just use diamond shaped ones at stop lights in my area. Are those ones a speed trap, do you know? I've never seen them in that configuration.

BonerGhost
Mar 9, 2007

Regardless of what you end up doing, remember that a money order does expire eventually. They aren't valid forever.

BonerGhost
Mar 9, 2007

When it comes to an abandoned/foreclosed property, who is responsible for snow removal and grass cutting, the person on the mortgage or the mortgage holder?

I clear my mother's walks when it snows and take care of the grass. The city can and will issue orders to clear snow and noxious weeds, then charge for removal. I understand I can make a complaint to the city about a property not being upkept and they'll take care of it, but do they bill the bank or the mortgage holder? If it's my neighbor that gets the bill, I'll continue to take care of it because they are my neighbor. If the bank would be responsible, the bank can afford to hire someone.

Alternately, is it possible to find out what bank owns a private property? It would be fun to send them an invoice for services.

BonerGhost
Mar 9, 2007

Schitzo posted:

...key employees have a fiduciary duty not to solicit clients or other employees. Which makes for an interesting tightrope when the former employee is claiming damages for the wrongful dismissal while simultaneously asserting that he or she wasn't important at all.

I don't follow. Is an employee only able to claim damages for wrongful termination if he was a key employee?

BonerGhost
Mar 9, 2007

Driving a lovely old car I refused to maintain some years ago, I got good at getting pulled over. The only time I ended up with any ticket, including once when I actually committed a moving violation then dropped my registration and insurance card on the floor in the dark and couldn't find it, was when I gave some attitude to a trooper.

I work with the public too, and they're mostly scumbags. The times I deal with people who are simply polite and don't treat me like an idiot, I tend to be nicer to them. Since police are people too, I imagine using some social skills and not doing 20 over while blasting NWA probably goes a long way.

BonerGhost
Mar 9, 2007

You should probably let your roomie know that your volcano insurance policy is paid up in case someone comes by trying to collect the premium.

BonerGhost
Mar 9, 2007

That is something I've always wondered about. I understand at will means they can fire you without cause or for a stupid cause so long as it isn't something protected by law. If a company were to put something demonstrably false (but not protected) on the pink slip, that has no bearing on employment and only comes into play if uc is sought, correct? If that's the case, how do people win wrongful termination suits that don't arise from unlawful discrimination? I'd expect if the law said at will, there would be no wrongful termination outside discrimination. Are those suits fancy contract disputes?

BonerGhost
Mar 9, 2007

LordPants posted:

I don't like an faq because I want people to be encouraged to post their stuff only so we can get the occasional gem which results in a multi page flame war, like the guy who wanted to sue based on them using a certain brand of anaesthetic and he may have said something to a nurse. This is why I read the thread. :colbert:

Basically this. Plus it lets us non-lawyer types get some insight into how the law works, which is the interesting part (when some nitwit isn't asking how to commit copyright infringement).

BonerGhost
Mar 9, 2007

So if my commonlaw husband is assaulted and has his jaw broken, I can't also sue for loss of consortium? Wtf Michigan

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BonerGhost
Mar 9, 2007

In general, what can be done about a neighbor's tree causing damage to your property?

This thing is planted on the property line, as far as we know. The problem is that according to the plumber my mother had at her house, this tree's roots are the reason her sewer access is repeatedly blocked. These are the same neighbors who have abandoned the home, whose walks I clear when it snows. We can't just cut the roots because if the tree falls, it lands on my mother's house. I have no idea what to do to resolve the situation. Where do we start?

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