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Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

PoorUser posted:

I'm in WA state, if this helps answer my question.

I went through some health problems last year and ended up getting a credit card I only owed like $330 on closed and sent to collection/chargeoff. I haven't paid anything on it.

The credit card was through Capital One. I opened a checking account at Capital One 360 today and was going to put some money in there. My question is: If I put money into the 360 checking account could they potentially take the money out of the checking account to satisfy the Capital One Credit Card debt?

I am not sure if its even the same institution, perhaps just owned by the same "Capital One" holding company. And the credit card is no longer active with them. It was closed by them/charged off and sent to collections.

The term you're looking for is "Right of Offset."

I collected credit cards for a bank (as an employee of the bank), and we were not allowed to offset personal accounts. Credit unions can, but banks cannot. We could on business accounts though. This was 4 years ago and in the midwest, so maybe things are different in WA. Google right of offset WA, hopefully you'll get more info. My guess is you're fine, but if it were my money, I'd want to look in to it more.

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Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Control Volume posted:

I've got a copy of the eviction notice right on hand at the front door that I show them

That's no guarantee it's from the courts, obviously, but it would also be pretty weird to show them some handwritten note paper saying "You're evicted" and call it an "eviction notice"


Then again, I'm not a lawyer, and I'm sure you all have seen someone claim exactly that.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

blarzgh posted:

I've absolutely seen one before.

Edit: 2 actually!

Yeah, I was all set to hit post after just typing the first line, then I remembered the horrors I've seen in these 600 pages, and added the second line.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Grumpwagon posted:

That's no guarantee it's from the courts, obviously, but it would also be pretty weird to show them some handwritten note paper saying "You're evicted" and call it an "eviction notice"

blarzgh posted:

I've absolutely seen one before.

Edit: 2 actually!


I retract my statement, and salute the well honed BS detectors of blarzgh and Hot Dog Day.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

IANAL, but I used to collect on credit card debt. Get death certificates, and send them to her creditors. They should stop bothering you after that. Sorry for your loss.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Farking Bastage posted:

They're bringing in a scene reconstruction team to do their thing in my mom's house. Almost all of the evidence against dad is forensic so far. He continues to maintain his innocence. The .44 magnum he religiously carries was the murder weapon. Seriously he had become so paranoid, he wouldn't walk out into the yard without it. The autopsy came back as "probably not suicide" which isn't definite and possibly explains why the crime scene reconstruction is happening. The detective handling the case strikes me as tenacious and wants the case to be as airtight as possible.

Good news on the life insurance front, the policy pays full face value regardless of the time factor if the death was "accidental" and defines accidental as not self-inflicted or from illness. Bad news is it's only 10k, but a hell of a lot better than nothing.

I know this thread isn't my personal live journal but it really helps me to post this stuff as it comes out, and I thank you guys for listening.

Given that the normal content of this thread is terrible legal puns, I for one encourage you to continue posting.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

baquerd posted:

Hypothetical: pedestrian hit on the side of the road in the middle of the evening while wearing a ANSI class 3 safety vest. They were on the road because the sidewalk was not cleared and was icy, despite town ordinances requiring it to be cleared within 24 hours of snow (over 48 hours at time of accident). Town was notified once each day following the snow and took no action. Driver fled the scene but was caught on video stopping and looking back with clear "oh gently caress I hit them" audio prior to speeding off. Driver was found to be intoxicated and was driving for work in a vehicle owned by a billion dollar corporation. Pedestrian broke both hands and lost their right hand, rendering them permanently unable to work at their $400k a year job.

In this hypothetical, does everyone get sued or is the personal injury lawyer too busy giggling?

You have some awfully specific fetishes.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

EwokEntourage posted:

Yea everyone should read up on the head of Nissan that’s in jail in japan. Crazy stuff

Hi from the past! I'm reading through some old posts in this thread, and I just came across this post that seemed worth resurfacing.

For people not familiar, the Crazy Stuff Ewok mentioned isn't anywhere as crazy as what happened after: https://www.bloomberg.com/news/features/2020-01-14/how-nissan-s-carlos-ghosn-was-smuggled-out-of-japan

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Alchenar posted:

It means you can't say to the company 'no actually can you deliver to this person and address?'. They commit to dripping it on your doorstep and then its yours.

And once it is yours it is free to do whatever you want with it, including selling it immediately.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

I'm not connected to this in any way, so this is truly hypothetical (though obviously based on the situation). Does the fact that their lease is month to month change anything? Obviously you can't just get out of a year long lease by telling your roommate you're not going to live there anymore, but how would it work if one roommate wanted out of a month to month but the other didn't? I assume they'd have to break the lease (by giving the landlord 30 days or whatever the terms are), then the other roommate would have to sign a new lease (assuming they could qualify by themselves)?

Grumpwagon fucked around with this message at 21:19 on Feb 5, 2021

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Dynastocles posted:

We're trying to figure out if we are obligated to pay two months' rent as a penalty fee for breaking our lease early.

We alerted our manager in February that we would be vacating on March 31st, instead of June 1st (the day the lease ends). The manager has someone to take over the lease on April 9th. The contract says this:

"If early termination of this lease occurs, the lessee is responsible for the remainder balance of the lease or until the unit is re-rented, which ever occurs first. The lessee may also be responsible for re-rental costs such as but not limited to advertising and commissions. A good estimate of the re-rental costs are a minimum of two (2) month's rent."

Our reading is that we are only obligated to pay two months' rent if no one is there to move in until June 1st, and that we are only obligated to pay fees for advertising the place and showing it (which the manager would have to prove) and rent on the place til it's rented by someone else, which is prorated rent from April 1 - April 8.

Our manager's reading is that it "implies" that we are obligated to pay two months' rent as a penalty for breaking the lease early. They are insisting on this, even after I pointed out the language of the contract.

Are we going crazy? Are we reading this wrong?

I am not a lawyer and I probably don't live in the same place as you, but for what little it is worth, I was in basically the same situation and paid what you said (i.e. the pro rated rent from the time I moved out until the time the new tenants moved in. I also would have had to pay for advertising, but they just listed it on craigslist and so they didn't charge me anything for it (I'm not in an area where rental agents are much of a thing, so no commissions were required). )

Again, I'm not a lawyer, but if you wanted to push on it, you could write a certified letter asking for them to enumerate the costs they accrued. If they're an rear end in a top hat, they can probably come up with some stuff, but I've had good luck with a professionally written certified letter to get past landlords to drop BS stuff like that. The downside is you are picking a fight over what might not be that much money, but that's for you to decide.

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

An insurance agent was attempting to sell me umbrella insurance today and it brought up an interesting legal hypothetical that I thought I would ask here.

In a situation where I was at fault in a collision and the other person chose to sue me above the limits of my current auto policy, are assets in a 401k or IRA exempt from a judgment? I'm aware this may be a state by state issue, but it is a true hypothetical so feel free to use whatever state you're aware of.

Unsurprisingly the insurance agent was very adamant that they were not protected, but my understanding was that they were (though to be clear I am not a lawyer and this was just based on some googling plus a former career as a credit card collection agent).

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Not a legal question exactly, but relevant to the thread:

quote:

The new owners of the bar are longtime friends and Village regulars Matt Fink, Shawn Quinn, and Tom Oberwetter who hope to reopen the Village Bar — for the first time in more than 18 months — as early as Dec. 18.

...

All three of the new owners have other professions — Oberwetter is an attorney (his office is next door to the bar);

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Non-competes can also be pretty negotiable (depending on the company of course). You might be able to get them to drop it or at least shorten it. Maybe not in this case since it comes with a carrot to go with the stick, but doesn't hurt to ask if you haven't.

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Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

Ah yes, the ancient principle of "two wrongs make a right"

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