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I'm not currently in a lawsuit, and I don't plan on filing one, but I am curious about jurisdictions. Minnesota County A = My residence Minnesota County B = Tax Preparer's residence at the time of the incident Minnesota County C = Office where taxes were prepared. Wisconsin = Tax Preparer's current residence. I had been lazy and had not filed taxes in 4 years. I paid a family member, who is a certified tax preparer, to do my taxes. Out of the 8 returns (4 state, 4 federal), I only got checks for six of them. After a lot of runaround and excuses, I found out that she flat out stole the money from the other two returns then moved out of state. This happened 3-4 years ago and I'm not going to sue a family member over a couple thousand dollars. However, if I did plan on taking this to small claims court, which jurisdiction would I file it in?
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Jul 23, 2012 10:11
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xxEightxx posted:shall be tried in a county in which one or more of the defendants reside when the action is begun or in which the cause of action or some part thereof arose. I'm still not clear. In simple terms, does that translate to "tried in Wisconsin, where the defendant currently lives, or tried in Minnesota County C, where the tax preparation actually took place"? To complicate things, say the taxes were prepared in Minnesota C, but she knew she was moving to Wisconsin and had my returns deposited to her bank account in Wisconsin. Did the cause of action take place in Minnesota or Wisconsin? I am not going to actually pursue a lawsuit, but I am strongly considering the idea of letting her believe that I am. I'm pretty sure she'd cough up the money rather than be taken to court and be exposed as a thief - especially if the venue is 30 minutes away from my house and a 5 hour drive for her. Skunkduster fucked around with this message at 17:13 on Jul 23, 2012 |
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Jul 23, 2012 17:04
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raven4267 posted:the IRS will only give you returns for up to 3 years in the past if they owe you. I don't remember the exact details as it happened a few years ago. I received either state or federal returns from all four years and was missing either two from the state, or two from the federal from the earliest two years - one year may have been over 3.5, but not both. The taxes and money aren't really what my post was about, I was just curious about how venues are established when multiple counties and states would be involved. Skunkduster fucked around with this message at 18:15 on Jul 23, 2012 |
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Jul 23, 2012 18:13
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Macunaima posted:It took me exactly one instance of being saddled with an unwanted, non-paying client for me to take steps to ensure that it never happens again. Does giving somebody legal advice automatically make them your legal responsibility even though you have no contract with them?
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Jul 25, 2012 03:22
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What about a hypothetical situation where a guy gets a girl pregnant under the bleachers at a football game. They lose all contact after this, then she shows up 15 years later with a paternity test and a child support case. Would child support generally start at this point, or would he owe 15 years of back support?
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Jul 26, 2012 18:22
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This is just kind of daydreaming "what if" stuff, but I was looking at the Powerball "Winners' Stories" and one lady formed a single person LLC to claim her winnings. Is there some financial advantage to creating a LLC? If so, why don't all the winners do it? If you did win the lottery, what type of lawyers would be best to hire? I'd assume you would want a tax lawyer for sure. Any others?
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Aug 13, 2012 15:24
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Girl gets pregnant at 19. Not sure who the father is, so the birth certificate says "UNKNOWN". Girl is on various government assistance (EBT, WIC, Medical, etc) programs for 10 years. After 10 years, the girl is still on government assistance and a paternity test is performed and the father is identified. Can the state of Minnesota go after the father to recoup the money from government assistance given to the mother over the past 10 years?
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Aug 16, 2012 18:24
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Dogen posted:Not a MN lawyer. Thank you for taking the time to look things up. Right now, there is neither. The full situation is that the state may deem the mother to be an unfit parent and the child may end up in foster care. The (unestablished) father is considering seeking custody to keep the child out of a foster home.
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Aug 18, 2012 05:39
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If I were to sell a used vehicle in Minnesota (private party sale) that has non-functional emergency brake and rusty rear end brake lines that are on the verge of failing, would a disclaimer like this be good enough to release me from any liability in the event that the buyer drives the vehicle and mows down a busload of children due to a brake failure: The buyer (NAME) understands that this vehicle (YEAR/MAKE/MODEL/VIN) does not have a working emergency brake and the brake lines are in terrible condition and may fail at any time resulting in the complete loss of all braking ability. The seller strongly recommends that the vehicle not be driven until the emergency brake is fixed and the brake lines are inspected/replaced by a qualified technician. (BUYERS SIGNATURE/DATE).
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Aug 19, 2012 18:28
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Azuth0667 posted:Then she claimed she kept all of the checks and she could get them for me but couldn't do it right then, she said she would contact me on the 7th after she found the checks but didn't. Out of curiosity, what difference would it make if she found them or not? With your copies and the matching bank statement, I would think her copies of checks would be irrelevant.
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Sep 12, 2012 07:14
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In the following statue, what is meant by "tortious intent"? What would be an example of that? It is legal for a person to record an oral conversation if that person is a party to the communication, or if one of the parties has consented to the recording — so long as no criminal or tortious intent accompanies the recording. Minn. Stat. § 626A.02.
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Oct 2, 2012 20:15
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nm posted:This is easier to do when you have a go to criminal lawyer to call. I haven't been in any legal trouble in years. I don't need a criminal lawyer at the moment. However, if it comes to the point where I need one, I don't want to be flipping through the yellow pages in a jail cell. You used to work in Minnesota, and I am living in Minnesota. Can you send me an email (my name at gmail) or a PM if you can recommend a criminal defense attorney in MN?
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Oct 13, 2012 07:56
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IRT admissibility of recorded calls/conversations "1" is person living in a one party consent state, "2" is person in a two party state. They have a phone conversation: If 1 records the call, is it admissable in both states? If 2 records the call, is it admissable in both states? If two people live in a two-party consent state, but they travel across state lines to a one-party state for a business trip, and one person records a conversation, would that recording be admissable if a lawsuit later popped up in their homestate?
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Oct 24, 2012 17:52
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woozle wuzzle posted:If your dogs escape your fence, for example, they get whatever comes to them including being shot by a crazy person or getting eaten by an illegal pet bear. Hypothetically, if a dog attacked me on my property and I shot it, could I be charged with illegally discharging a firearm in city limits?
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Oct 27, 2012 03:29
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In a single party state (MN) is there anything at all illegal about recording a co-worker during a private one-on-one meeting where the person recording is one of the two involved in the meeting to gather evidence that the co-worker is doing something that is against company rules, but not illegal? I'm wondering if the evidence causes the co-worker to get fired, will the co-worker have any legal claim against the person who recorded them?
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Nov 14, 2012 13:58
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Addy posted:On a serious note, it does get really frustrating sometimes to see how petty people get over the smallest of estates, even when a will is perfectly fair and splits things evenly, even and especially against their own family members. Death really does bring out the dicks in families. Can you share any stories? It is always interesting to hear how petty some people can be.
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Dec 2, 2012 07:10
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Do lawyers really bill an hourly rate when calling to update their clients about what is going on? For a lawyer to call me and say, "I did my lawyer thing, and this is where things are going from here" then turn around an bill me .25 hours at $200 an hour for the call seems as ridiculous as a doctor calling and saying, "We got your test results back and we'd like you to come in for more test because of [medical stuff]" and billing you at whatever a doctor's hourly rate is for the call or dropping your car off at the mechanic and getting a call saying, "while we were changing your brakes, we noticed your tie-rod bushings are shot and you should get them replaced because [horrible accident stuff]. Then going to pick up my car and finding out that they tacked on .25 hours at a mechanic rate for the call.
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Dec 4, 2012 21:05
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SlayVus posted:EDIT: This is NOT a referral Does a referral put you in some sort of legal position? I'm in MN and I know nm used to practice law in MN. He seems like a good knowledgeable guy, so I asked him in a PM and later made a post in this thread to see if he could recommend a criminal defense attorney in MN and got zero response. I'm not in any trouble now, and nothing is brewing, but I figure if I ever ended up in the situation where I needed a lawyer, I'd be a hell of a lot better off calling a defense attorney that is recommended to me by a respected poster in this thread than flipping through the yellow pages.
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Dec 18, 2012 20:47
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nm posted:When the heck was this? The PM was back in Jan 2011. I posted this in reply to one of your posts last October. SkunkDuster posted:I haven't been in any legal trouble in years. I don't need a criminal lawyer at the moment. However, if it comes to the point where I need one, I don't want to be flipping through the yellow pages in a jail cell. You used to work in Minnesota, and I am living in Minnesota. Can you send me an email (my name at gmail) or a PM if you can recommend a criminal defense attorney in MN? I just figured you probably didn't see the post, but when I saw SlayVus emphasize "THIS IS NOT A REFERRAL", it made me wonder if the reason you never replied might have had something to do with liability.
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Dec 19, 2012 09:09
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woozle wuzzle posted:They can say this one time in the 80's a guy on smoke break killed an old lady due to smoke...That's probably enough of a stretch to make it work, even though you'd be on different floors and have no contact. It's not really that much of a stretch. There is a large hospital complex near me that completely bans smoking on all property. The main logic being that A) Smokers tend to congregate right outside of the doors when they smoke and patients aren't very happy about having to walk through a cloud of smoke to enter the hospital B) If your doctor tells you that smoking is bad for you and then you see him outside having a smoke break following your appointment, it looks hypocritical C) Having cigarette butts littering hospital grounds looks bad. It doesn't have to be as severe as some guy in the 80s killing somebody. If the patients/customers are having an unpleasant experience due to the actions of the employees, the hospital is going put rules in place to correct that.
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Jan 2, 2013 09:54
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Wow, I guess lawyers really do charge for everything. ST. PAUL, Minn. (AP) -- The Minnesota Supreme Court has suspended an Eagan lawyer accused of having an affair with a client who said he billed her for time they spent having sex.
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Jan 17, 2013 06:46
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Mr. Big posted:When I got home I got a rejection letter from a job interview. I thought the job interview went really eel so I am starting to wonder if she is badmouthing me to prospective employers. Is this defamation? What can I do? I'd imagine it is much more likely that the company you applied at already had a person picked out to fill that position and the other applicants (you) never stood a chance. In my experiences, that happens more often than not. The whole interview process is just to keep up the impression of fairness and EO.
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Feb 14, 2013 07:13
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My sister picked up three DUIs over 10 years ago and has since been driving around without a license because it is more economically viable for her to spend a few days in jail and pay some minor court fees if she gets busted than to pay what it would cost to get her license back. I don't know the details, but I guess it involves hefty reinstatement fees, cost of a DUI class, and maybe some other fees. She would like to get her license, but the costs are well over a grand and out of her reach. Would hiring a lawyer to talk to a judge about getting her fees reduced to something manageable be cost effective? If it would end up costing more than what it would be to just pay the state, how much might it cost for her to just talk to a lawyer to find out how she would go about getting a hearing and what she should say to the judge to get the reinstatement costs down to something she can afford? This is Minnesota.
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Feb 19, 2013 21:10
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This is just a "if I won the lottery" fantasy. Say you lived in an at-will state and won the lottery and you hated your boss and wanted to make his life hell. Could you get in legal trouble if you quit and bribed all of the other employees to quit at the same time?
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Mar 17, 2013 00:13
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Marley Wants More posted:If this affidavit is intended to be used as testimony, I wouldn't think it would be admissible in court because a written statement can't be cross-examined. Probably a dumb question, but what is the point of an affidavit if it is not admissible? Are they admissible for other reasons?
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Mar 24, 2013 18:25
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Maybe NM can answer this one - are cops in Minnesota trained differently? I've never had them fish for guilt or a search. I don't get pulled over very often, but every time I have, it has been, "I'm [Name] from [Department] and the reason I pulled you over is [Violation]. May I please see your driver's license and proof of insurance? Thank you, I'll be back in a minute." When they come back, I either get a ticket or a warning and am on my way.
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Mar 25, 2013 09:19
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Just saw this story in the paper: Quentin Graham, 27, pleaded guilty to one count of distributing and Jimmy Barker, 26, pleaded guilty to one count of conspiracy to distribute. If convicted, Graham faces 5 to 40 years in prison while Barker faces 10 years to life in prison. Since they have already plead guilty, doesn't that mean they have already been convicted and are just awaiting sentencing? In layman's terms, what does conspiracy to distribute mean and why does it carry a harsher punishment than actually distributing?
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Apr 12, 2013 02:15
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I edited this out of my previous post for brevity, but, in retrospect, I should have left it in as a good example of "Don't talk to cops": Barker admitted that from April 2010 through April 2012 he and Graham conspired to distribute more than 400 grams of crack cocaine. I'm going to go out on a limb and guess they didn't admit to that on advice from their lawyers.
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Apr 12, 2013 02:57
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Bro Enlai posted:Call your state bar association and ask for a referral. As noted in the OP: What if it is 3AM and you are sitting in jail?
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Apr 24, 2013 05:45
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The specific state is MN dealing with customers that are in the US and Canada, but I'm wondering if and how this is legal anywhere in the US. MN company AAA sends a bill for parts and labor to customer BBB. Customer BBB (US or Canada) accidentally overpays AAA. Customer BBB notices the error and asks AAA to refund them the amount of overpayment. Company AAA says, "We will credit the overage to your account and you can use that towards future services. After one year, we will send you a check for the difference."
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Jun 22, 2013 01:17
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Just a hypothetical situation I came up with after watching some Russian dash cam videos. Not sure if it varies by state, but we'll say it is a state with a single party consent audio recording law. Scummy Steve, Responsible Rick, and Watchful Willie are all driving along and pull up to a red light in that order. Scummy Steve knows that getting rear-ended is always the fault of the guy behind you, so he puts his car in reverse and backs into Responsible Rick, then gets out and makes a big show about how it is all Rick's fault for not paying attention and rear-ending him. Scummy Steve offers to let the matter go if Rick gives him some cash. Meanwhile, Watchful Willie has his dash cam running and has clear video and audio evidence of everything. Willie is an honest guy and doesn't like what Scummy Steve is doing, so he pulls Responsible Rick aside and tells him that he has video and audio evidence of the accident and the blackmail attempt. Can Watchful Willie selectively decide who he is going to give evidence to? If the cops show up and ask for witness statements, does Watchful Willie have to say that he recorded everything and gave a copy to Responsible Rick? Does he have to give a copy to the police? If Watchful Willie legally gave Responsible Rick a copy of the audio/video without anybody else knowing. Would Rick be better off telling Scummy Steve about it on the spot to avoid further bullshit, or should he keep that ace in the hole until court day when Scummy Steve lies to the judge about what happened and then show the video to the court to prove Steve is lying?
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Jul 6, 2013 04:12
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Lowly posted:sign it and have it witnessed by two people in front of a notary if possible. Isn't a notary good enough? I was under the impression that if you had a notary, then you don't need other witnesses.
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Jul 24, 2013 04:14
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Forgive me if this is a stupid question, but I guess that's what this thread is for - Isn't the judge's decision on the name "Messiah" a violation of the constitution's "church and state" clause?
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Aug 13, 2013 05:21
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The topic of distillation is making me wonder, how often does a judge encounter a situation where he just says, "Man, I have no idea what the gently caress these people are talking about" and just wings it? edit: or rather, how does a judge avoid getting into that situation? They can't be an expert on everything.
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Oct 26, 2013 04:17
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Kalman posted:Try explaining the details of how RF circuits function to someone who didn't finish eighth grade. I'll take the teacher pretty much any day. In this example, if there was somebody in the jury pool with a degree in EE and experience in RF communications, would it be pretty much guaranteed that they would be dismissed during the jury selection process by the other lawyer? nm posted:Most people who really really want to be on a jury either: Is that type of person a PDs best friend, or can they hurt a defense?
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Dec 6, 2013 05:46
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jassi007 posted:Not that anyone cares, but my coworkers GF saw the facebook post, turned herself in, was questioned then arrested. he was released with no charges. Of course the police still have his face plastered all over their facebook page and refuse to take it down even though it says "Officer Friendly of County X PD determined that the male who accompanied the female was NOT involved with the theft." I'm interested in seeing how this plays out.
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Jan 6, 2014 03:33
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Imagine two people are committing a felony such as armed robbery in the United States. One of them gets cold feet and leaves. After he is long gone, the robber who stayed behind kills somebody. Would be person that left be culpable for the killing?
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Mar 14, 2014 20:37
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blarzgh posted:For Example (Texas): Would he still be considered to be attempting if he left the area before it happened?
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Mar 14, 2014 21:50
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What point is attorney-client privilege established? Like if I were to call an attorney out of the yellow pages and say, "I have 10lbs of cocaine hidden up my rear end and the cops are at my door and are asking if they can come in and look around. Should I let them in?", could the attorney just hang up at that point and call the cops and say, "Make sure you take a good look at his plumbing"?
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Apr 16, 2014 03:04
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nm posted:seriously, saw a woman demur because she had paid her rent. She brought her cancelled check with her. This is the wrong way to do that. Judge hit her with attorney fees for a frivolous motion. Even though it appeared she was factually correct, she was legally incorrect. Can you translate that for us non-lawyers?
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Apr 27, 2014 16:57
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