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Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
Michigan...

I just wanted to verify some communication things when talking to the Police...

When picking up a vehicle (towed) from the Police, am I legally required to provide the Police with any information whatsoever other than my name and address? For instance, if the vehicle was uninsured and the Police asked who drove the vehicle to the location from which it was towed, would I be required to provide an answer? If I'm not actually present in the vehicle and haven't been pulled over, could I be required to show proof of insurance on the vehicle?

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Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

JudicialRestraints posted:

1. get insurance you idiot
2. I don't know for sure about Michigan, but if I were a cop having towed a car without insurance would be enough to give me probable cause/reasonable suspicion to believe that the owner didn't have insurance and drove it. They're either going to charge you or you aren't. Don't be an idiot next time.
It's not my car. The vehicle owner only told me he stopped paying the insurance AFTER the car was towed--but since I need to go pick the car up, I just wanted to make sure I was within my rights to not answer questions about who drove the car when I went to the Police. I opened an insurance policy on the car, but the effective date is today, car was towed yesterday.

Incredulous Red posted:

Well, if the cops are asking you if you have insurance when you're about to get into a car right in front of them and drive away, maybe, just maybe, you should have insurance
Haha, yeah I'm not about to hop in and drive out of a police station in an uninsured car.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

JudicialRestraints posted:

You're not required to ask any questions a cop asks in any position where you might be a defendant.

That said, not answering questions is more likely to get you into a rough spot.

Out of curiosity, how are you going to move the uninsured car without driving it?
I just insured it myself today.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
My girlfriend has been the victim of sexual harassment on a daily basis. This includes:

-On the day after her boss's birthday he asked if she had sex on his birthday
-He gives her the middle finger on a frequent basis
-Touches jewelry on her neck (this happened today, he grabbed a pendant that was on her breasts)
-Has on occasion called her a bitch in a 'haha, I'm cool because I can call the women I work with a bitch, lol" way
-Constantly looks down her shirt
-Invited his staff (all female) to a local "burlesque" show with nudity and sexually explicit material (dildos, etc)
-Made other inappropriate sexual comments "know what I'D like to do you to?"
-Other things, too numerous to cite

She has expressed her discomfort from time to time, but not directly because she's afraid to put her employment in jeopardy. Her job is our only source of income right now, and because of the way she is employed, unemployment benefits would be difficult to work out (she is technically employed through an employment agency). She is going to talk to another employee tomorrow who has expressed similar discomfort related to the boss (who was recently "fired" by having all of her hours cut).

My question then is what can be done here? Does she have a leg to stand on in court for a sexual harassment case? She's applying to other jobs, but I feel like this guy is going to keep doing this kind of poo poo to all the women he employs if we don't do anything.

With all these details I'm hesitant to say what jurisdiction we're in, but we're in Michigan.

Dolphin fucked around with this message at 00:04 on Apr 2, 2011

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
1. Kalamazoo County, Michigan.
2. I am not being sued.
3. I am not a criminal defendant.

I ran into some BS a while back (2009) regarding an apartment rental, long story short they screwed me over by hitting my credit (for $500) and I didn't get the notice of debt until well after the time that I was able to dispute it (it wasn't sent certified mail or anything). So I called the collection agency (Fair Collections and Outsourcing) and offered to just pay it off in return for them deleting the item from my credit report, and they said that they don't delete items from credit reports. I didn't acknowledge that I owned the debt over the phone or whatever.

The debt in question was a charge for a carpet replacement that the apartment company claimed exceeded the security deposit, we (myself and two other tenants) tried calling about it but got the runaround (send a letter to the office) stuff. We didn't damage the carpets. On our damage disclosure we mentioned that there were stains on the carpet. We believe the damage they are referring to was caused by the apartment directly adjacent to ours flooding during our lease. They had a work order done and they brought in fans to air out our apartment and the floors were soaked. Then they hit us with a charge for $800 when we moved out.

How exactly do I go about disputing this charge (since we're way past the regular security deposit dispute date) and get it off my credit? We never received a copy of the damage disclosure that we signed (the initial damage disclosure saying what was wrong with the apartment when we moved in) and we don't have proof of the work order for the flooding.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

Robo Olga posted:

Only attempting to answer Dolphin because this is something we researched a lot in California. Not anything close to being a lawyer. If I am reading what you are asking you want to know if you can appeal the judgment? You are way past the statue of limitation on that if it went to collections in 2009. Everything you are saying about not receiving the work order etc is something that would have been addressed at the time the landlord took you to court. About removing it from your credit report there are a lot of knowledgeable people in the debt collectors thread here http://forums.somethingawful.com/showthread.php?threadid=3234974 maybe they could help with that?
There hasn't been any judgement against me, it hasn't gone to court. So far it's just in collections, I'm asking how exactly I should proceed in order to get this fixed so that I don't have the mark on my credit (which has dropped my score from 740 down to about 640). I'm also asking how I can go about getting a copy of the work order, what kinds of information the landlord would need to bring to court to prove that we caused the alleged damages, and what I would need to bring to court if I decide to file suit against the landlord.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

Robo Olga posted:

Oh well maybe the law is different in Michigan then. In California it would have had to gone to small claims court for them to have a collection company go after you.
That would have been lovely. In Michigan they just send it out to collections, and collections ruins your credit and you have to sue them if you want your money or your credit fixed.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
This is going to sound pretty bad.

If I'm trying to apply for an apartment, and the landlord wants me to supply a credit score, is it illegal (as in criminal, not just contract breaking) to photoshop a credit document? Because I need an apartment, I got screwed on my credit, I have no cosigner, and literally everyone in my area is asking for a credit report now. I wouldn't even consider doing this if I wasn't worried about being homeless.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

joat mon posted:

Where are you?

Preview: Don't.
(Try looking in the paper for private individuals renting - they're less likely to ask for credit references)
Michigan.

I've been doing this, everyone in my area is asking for copies of credit reports except housing in the worst (dangerous) areas in town. All of the major apartment complexes just run your credit and all the private people want a copy of a credit report. There's a maximum security deposit by law here so I can't just say that I'll pay a higher security deposit because they can't take it.

Is it really fraud? I thought credit fraud was only a criminal issue if you falsify information for a loan or a credit line.

Dolphin fucked around with this message at 00:28 on Aug 14, 2012

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

Arcturas posted:

Yes, it is fraud. Fraud is inducing someone to enter into a contract they otherwise wouldn't enter into, by lying to them. That's exactly what you're doing. It's not necessarily credit fraud per se (haven't bothered to look), but it is certainly common law fraud. And also statutory fraud. See, e.g. MCL 750.218 (fraud when you induce someone to lease to you. It's a misdemeanor if it's less than $1,000, and a felony otherwise. I'm not sure if that's per month, or the value of the rental unit).
Okay thanks.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
Michigan, not being sued, etc. My partner quit her job at a store and got hired at a jewelry store in 2010, and after already getting hired her employer insisted that she sign a non-compete clause in order for her to continue her employment. She of course signed the clause because she couldn't go back to the previous job, yadda yadda. Now she has been commuting 45 minutes to her job every day which costs a fortune in gas, and this other jewelry store owner offered her a better job within 2 minutes of where she lives and she accepted the position because she can't afford the 400+ in gas every month to get to the first jewelry store. She's afraid that the non-compete she signed might be binding, but I'm skeptical. Here's the agreement:

Other than the glaring "can't get a job at any other store in the multiverse" portion, everywhere I have read about non-competes it seems like 5 years is unheard of for this kind of thing, and the agreement is extremely vague altogether so it shouldn't be enforceable. Should she be worried about being sued over this?

Dolphin fucked around with this message at 20:07 on Feb 6, 2013

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
That's what I thought.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

joat mon posted:

It looks like the non-compete applies only to designs that partner made for the jewelry store.
The 'signed sealed and delivered' is a good indicator that no lawyer has seen the document. (Or was a Stevie Wonder fan)

Does "sign or you're fired" count as consideration?

EAT THE EGGS RICOLA posted:

Ahahaha

1) That's a hilarious period for this to be in affect
2) "affect"
Her boss is a moron but he is a spiteful moron. I just didn't know if she needed to go to the local legal clinic preemptively or not.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
My brother and his wife and children have an apartment in Illinois and their landlord has been harassing them about noise (the landlord rents to relatives in the apartment below) nearly every day for the last month. The complaints have been relating to their children making normal child noises during daytime hours (10am-5pm). I personally witnessed an instance of the landlord knocking on the door to complain about the kids when they were playing relatively quietly in the living room. They (landlord) have called the police multiple times, admitted to recording my brother's family through the walls of their apartment, and recently served them an eviction notice. I told my brother to record every instance of any complaints, calls to the police, intrusions into their privacy etc, but now with the eviction notice I'm not sure what he should do. They're on the lease until next summer and can't afford a lawyer because my brother is masters student and his wife doesn't make much. Suggestions?

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
That's it? For a blatant case of housing discrimination they should just pack up and move in the middle of the school year? Landlords don't just get to evict tenants without cause, the lease is supposed to protect both parties.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS

euphronius posted:

Did you read the part where they can't afford a lawyer
Well yeah. I guess I'm wondering if there's no preponderance of evidence that he has violated his lease, if he should just bend over and take it or whether it would be a good idea to file a complaint through HUD, ACLU, etc.

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
I rent a commercial property in Ohio and despite the fact that the lease specifies that the landlord had no right to exercise any legal remedies prior to the rent being due for 10 days, he locked me out of the unit after the rent was delinquent for 4 days via jamming the lock. I called the Sheriff and the Sheriff filed a police report saying that the landlord barred entry to the property on the 5th of March (rent due the 1st, lease specified legal remedies allowable on the 10th). In order to access the unit I agreed to pay on that day, as the landlord refused to open the unit until he received the rent. The rent was late because the landlord was unreachable the day before and the day the rent was due (he only likes to collect rent in cash in person and hand write a receipt on paper) and I had to go out of town the following day.

I know that under a residential lease, him locking the unit would constitute an unlawful eviction but since it's a commercial unit I'm not entirely clear on the law. I believe that the relevant laws are here and here but I'm not positive. Since I've had a lot of trouble with this landlord (harassment, showing up and demanding to inspect the premises without prior notification, claiming I underpaid rent despite his own receipts showing the contrary, discussing rent with my employees during business hours, etc) I'd like to cancel the remainder of the lease and find another unit because he's already cost me a lot of money, time, and effort.

Am I correct in believing that he repudiated the lease via locking the unit before the time specified in the lease? And if so can I handle this matter without paying an attorney (which would obviously incur substantial costs in addition to moving and lost opportunity cost)?

Dolphin fucked around with this message at 23:58 on Mar 19, 2015

Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
How do I go about finding a good attorney for business licensing, specifically for TTB permits and regulations? I'm in Michigan.

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Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
I'm in Ohio and I have a tenant (I'm managing this property on behalf of my grandfather) subletting to someone with a pseudonym (Let's call him Texas). Subletting is a violation of the lease and I want to evict everyone but I'm told I need to serve a 3 day notice addressed to all the tenants. Problem is Texas won't tell anyone his real name so I don't have any name to serve. Can I just write "all inhabitants" or will that not hold up? How do I remedy this issue?

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