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  1. Hello, I did business w/ someone on craigslist 3x. it wasn't local, the seller was 3 hours south of me (i should have heeded the CL warning about dealing only locally) the 2x she was receptive and i received my item as described the 3rd time, ahe disappeared off the radar. the usps shows that the money order was cashed by her the amount in question is 19 dollars which I sent for this 3rd dealing with her and obviously this 3rd time I didn't get the item she hasn't returned my phone calls filing a complaint with the usps since I mailed payment and the money order was obvisously us mail covered under federal laws anyway filing a complaint for 19 bucks with the US Postal Inspection Service seems to be a waste of time? Am I right? the amount is for 19 dollars less than 20 bucks and what's different than the other 2 times I dealt with this individual, I have NOTHING IN WRITING that says hey here is $19 for the 3rd item you have for sale; Furthermore, it is not written in the Memo section of the usps money order nor are there any texts evidencing good faith of an exchange of 19 bucks for a particular product. The US Postal Inspection Service is probably backlogged an inundated and too busy to follow through for 19 dollars right? especially since I don't have any written back up evidence on the 3rd transaction Do you think the better alternative is suing her in small claims court? \\ thanks for any constructive help
  2. thank you for your help, it is appreciated, especially during the holiday season, no one wants to be bothered by this. I copied and pasted what you wrote. anyone else?
  3. Hello, thank you in advance for any constructive help, I rent a bunk bed (see below), I don't have a lease (see below), but right now, a lease isn't usually required for a bunk bed rental situation so I guess, it's month to month I received a 30 day Notice to Vacate on the door of my room for rent today 11/21/16 I did nothing to precipatate or initiate it (through no fault of my own). I have paid my rent on time It was taped to the front door of my room for rent It was not mailed to me by certified mail return receipt On that 30 day notice the landlord refers to as "to all must vacate on or before 12/21/16 that is when I will change the locks and turn off the water and other utilities.) Here are the pieces of evidence I have that show I rent there: I have an AT & T internet bill in my possession mailed to me at the property I have the front door house key I have a receipt that shows I paid the owner on November 2, 2016 I have my property in the rental unit I have the apartment unit mail box key This is a beach house rental unit with bunk beds. There are 7 people living in a 2 bedroom apartment unit This could not have come at a worse time, right in the middle of the holiday season. The landlord claims he has another property for me and 1 other roomies since we did not cause him problems by notifying the City or government agencies of problems he had neglected which were raised by other roomies here But, I sort of don't trust him His notice to vacate may be retaliatory on other roomies or out of fear that building inspectors will cite him or make him pay fines for various violations that he has neglected What happens if on December 21st, at the 30 day mark, I am not able to find another place? I do have squatters rights don't I? I don't like to do it, but can I fight the eviction? Can the landlord legally change the locks on December 21st, 30 days later? It also doesn't seem that the landlord has used proper service of process? He should have mailed the 30 day via certified mail return receipt, right? Thanks, again for any help as it seems that again this is the worst time due to the holidays, it will be almost impossible to find rental vacancies. Also, doesn't the landlord need an eviction order from a judge in order to change the apartment unit locks after December 21, 2016 (the 30 day mark)? Thanks, again
  4. I sold something on paypal for $2300; now no item to deliver & no refund...jail? or lawsuit? I sold something on paypal directly for $2,300 Now I don't have the item nor do I have the guy's money. The person I gave the item to deliver absconded with it. He called me & said not to go to the cops cos he knows gang members who'd hurt me. Can I go to jail? or is something like this a civil non criminal matter? If I do go to jail I live in California which might interpret this as a Grand Theft matter of possibly selling something I never had to sell (false pretenses). Grand theft in CA is the same thing as Grand Larceny in NY or NJ....but just worded differently. It's for the "theft of something valued over $1000". The item I sold does fall into this category cos I received $2,300 for it...but I did not ship the item cos the person I entrusted to ship it stole the item as I stated above. I don't have the money to refund the buyer. Paypal has reimbursement practices to have the buyer get reimbursed. Isnt this just a civil matter. If not how much jail time would I get for this? (if any)....
  5. check out my intial thread in r.e. L & T law last week. i specifically asked for sarcastic replies & i got 2 worthless replies from 2 equally worthless pieces of trash--fatten & sparkless. save the abusive language for attorneys--YOU BOTH ARE NOT ATTORNEYS. here's how you don't answer a findlaw reply from someone facing a grave, serious, & sad legal issue. first of all when the person posts the question and asks not to be spoken to in a condescending way, you don't put sadistic hurtful language which can be construed by a person of normal sense & sensibility with a phrase like "thrown out on your ear" i hope they throw you 2 internet trolls who seem to never have a legal question of your own, but pretend to play fake lawyer by posting hurtful responses or responses in a callous, cruel way as recently mentioned above, on your overweight posteriors. you both definitely have issues with men, judging by your attack on my user name (niceguy 777). although, it's obvious this isn't an etiquettte forum, you should practice some ettiquette with regard to answering people's questions here on this website, all of whom are facing serious and worrisome legal problems/issues. obviously your mommies and daddies were absentee. don't reply me ever again. your "information"/replies were useless. for example, a deaf dumb & mute moron would know to call the clerk to find out if and how much an Order to Show Cause costs, but do u honestly think that I'd want to spend 30 to 45 minutes over the phone with some overworked, busy, sometimes impatient & rude court clerk, when i can get the same info. from someone who's actually filed an OSC?! i have one final thing to say, here's what resonates: use your brain--think, before you answer...and it may be a good idea to spend more time improving your manners or save a portion of your income on charm/ettiquette school.
  6. I've broken this down into both "Background Info." & "Questions" parts. The background info. is to help you answer the question better. If it's "way too much information" as some childish users here have commented, then keep your hasty, negative, faulty opinions to yourself and work on your impatience and lack of a sufficient attention span. Thank you. Background Info.: My business partner and I rented a 3 bedroom apartment in California. Both our names are on the lease. He decided to move back with his parents because he basically want to save money. I therefore, was stuck with paying the balance of the rent which I cannot afford to do. Last week, June 14, 2011, I was served with a "Three Day Notice to Pay Rent or Quit" As stated above, I couldn't & still can't afford to pay rent since. Today, June 22, 2011, the property manager of the apartment complex visited me & was saw that the property was still occupied, he then posted a Notice that said "Eviction" on my door. *This aforesaid notice received today, 6/22/11, states: "If management doesn't receive rent by Wednesday June 22, 2011 (today) at 5:30 p.m., it will commence legal proceedings to gain possession." **It also states "if payment hasn't been made, there will be legal proceedings without any other notices sent." I intend to move as fast as humanly possible. I have a disability recognized by the federal government. Questions: 1) How much time do I have before the Marshal/Sheriff comes to my door to evict me? (I would think, it would be 1 month to get a court date for me to appear before a Landlord Tenant Court and to state my case & my side of the story, and then another month to schedule an eviction date, but I'm not sure). So, a total of 2 months from today in the state of California where landlord tenant matters are backlogged. 2) How much time would an Order to Show Cause give me? 3) Where do I get an Order to Show Cause? 4) What do I need to state on the "Show Cause Order" form? 5) How much is the filing fee for an Order to Show Cause? ***Thanks for your time and attention. Any constructive advice you can give me would be appreciated. Negative, spikey, caustic advice will be ignored and reported to the website administrator. The constructive advice (not just what you say, but how you say it), will help you and others practice their manners & etiquette in dealing, for example, with elderly clients (which can require patience) if you're an attorney. Thanks, again.
  7. hi. i entered into a lease for a childhood friend who moved to my area from another state after being away for 10 years. i did so because my friend didn't have an income yet, no job, having only as aforesaid recently moved to my area, although he is highly employable. i didn't prepare a sublease from me to him, i don't have any documents indicating in writing that he's essentially my roommate-a sublessee. i didn't prepare this document because i had no intention of moving in. now, the landlord has called me & even showed up to my job saying that the rent hasn't been paid. i came clean and let the landlord know that i subleased the rental to a childhood friend. the landlord said that the sublessee my childhood friend must move and that he has applied the security deposit to August 2010's unpaid rent and that any day from September 1st to the eviction date of this sublessee, I will be responsible for paying the prorated rent. what are my options. after i prepare a 30 day notice and send it certified mail return receipt. should i verify when those 30 days are up, if this sublessee is still there, and if so, should i show this 30 day notice to the police after I call them on that 30th day (if sublessee is still there), I live in california, how long will the police give this sublessee if he's still occupying the premises after that 30th day? will I have to get a court date by appearing in court. i don't want to have an eviction show up on my credit report when I myself will be looking for an apartment. what are the chances that this landlord can successfully garnishee my wages if he wins by sueing me for my share of the unpaid rent? the landlord isn't a government entity or a spouse with child custody so i'd imagine it would be more difficult for him to be able to garnishee my wages. please answer each and every question and reply to me as soon as possible. thank you.
  8. We thank you for your question, and we hope that you are able to find the answers that you need. We also understand the frustration that can come from dealing with a difficult legal situation, especially when you are not hearing answers that you think are helpful. However, per our Community Guidelines, you must keep conversations on the Answers forums respectful and civil. Constructive criticism is welcome but personal attacks will be deleted, and repeated violations can lead to suspension from the boards. Thanks for using FindLaw Answers.
  9. i get s.s.i. federal disability benefits. my prior landlord in NY put me down as a dependent when he filed income taxes for 2009. this landlord somehow got my social security number. during the 2009 tax year I wasn't even living in NY, I had moved in early 2009 to California. I advised the social security administration who let me know of the I.R.S. phone number, the last 4 digits which end in `1040. I can't speak to a live person. I don't think this is the right number. does anyone know the correct phone number AND mailing address (I also like to make a complaint in writing) to advise the IRS of income tax fraud? put address here: ____________________ put phone number here: ______________________ *Also am I able to get reimbursed my 2009 income tax refund by the IRS? Under the social security administration rules, disability benefits sometimes get a small refund on their disability benefits. don't ask me how. im not a tax professional, but they do. If so, how? I don't want to resort to suing my landlord, I'd rather have the IRS get the money which was fraudulently obtained by my landlord & have the IRS send me the aforesaid money due me. P.S. If you're going to be gruff or write something in a nasty, condescending tone like a user name "Fallen..." something or another then don't bother to reply. it's condesending, abusive tones which give lawyers and their support staff a bad name. thank you,.
  10. From Niceguy 777 ALSO, HOW COULD THE LANDLORD GIVE ME (A ROOMMATE, A SUBLESSEE) A 30 DAY WRITTEN NOTICE IF HE JUST KNOWS MY FIRST NAME? He THERE'S ANOTHER ROOMMATE AND HE DOESN'T KNOW EVEN HIS FIRST NAME, LET ALONE HIS LAST NAME? is it up to landlord to do research or due diligence and find out my correct first and last name? how would be able to do that? It would seem kind of hard, or impractical to do? would he force any roommates or sublesse's to give their photo ID. or could he just send a 30 day written notice as "John or Jane Doe" to my address and that would be enough.
  11. Thanks Fallen. It seems like good legal advice. But I didn't have a rental agreement for a year, I had it on a month to month basis. Fallen said the rental agreement is not void EVEN IF THE LANDLORD WAS NOT NOTIFIED OF A TENANT'S INTENTION OR REQUEST TO SUBLEASE, AND THUS THE LANDLORD OBVIOUSLY DIDN'T APPROVE THE SUBLEASE BECAUSE LANDLORD WASN'T NOTIFIED OF POSSIBLE SUBLEASE, (AS IS STANDARD PROCEDURE, BOILERPLATE LANGUAGE IN LEASE AGREEMENTS--"LANDLORD HAS TO BE NOTIFIED AND APPROVE OF SUBLEASE"), THEN IT SEEMS THAT (CONTRARY TO WHAT LANDLORD TOLD ME) TENANT STILL IS ENTITLED TO 30 DAY WRITTEN NOTICE BY CERTIFIED MAIL RETURN RECEIPT. CAN AN ACTUAL ATTORNEY VERIFY THIS FOR ME? Please? -Niceguy777 Maybe some advice from someone who is a lawyer would help be more definitive. By the way, it's not way too much commentary, it's enough facts so that my question can be answered fully and currently.
  12. I have a person who I might be able to move in with. He lives in a Section 8 apartment. 24 days ago he sent a letter to his apartment's Managing Agent saying that he had bad memories of his mom who passed away and who used to live at his apartment and in that letter he indicated that he wanted to move and was giving a Tenant's 30 days notice. The managing agent then called recently and asked if he found a new place. He said "No." He's thinking of sending another letter in writing to the managing agent saying that he still hasn't found a new place and that he changed his mind because moving is too inconvenient for him now and that his apartment also brings good memories about his mom. Typically, does a managing agent for section 8 housing, allow a person who sent a letter to it, to change their mind, and allow them to continue to pay their rental portion if they said they still haven't found a new place and that their are good memories of his mom at his current apartment which outweigh bad memories If so, how much time, does he have to notify the Managing Agent? In about 6 days? Should he send, I guess, "A Tenant's Notice of Cancellation of Lease Termination" or a " Tenant's Change of Mind About Moving--I Now Want to Stay Notice" or something to that effect letter? If so, what's the preferred method of notifying the Managing Agent? by fax, by regular mail? by overnight mail? Please help me answer these questions for him and myself, I would benefit by being able to temporarily stay at his place.
  13. I Sublease from a tenant who rented a room to me. The tenant told me yeste rday that she wants to move out on January 12, 2009. The tenant spoke with the landlord to notify him of her intent to move a terminate the lease. The landlord was surprised to find me renting a room. He told the tenant that she could not sublease or rent a room WITHOUT THE LANDLORD'S PRIOR APPROVAL. The tenant and I signed and dated a rental agreement which I showed to the Landlord. The landlord said that the rental agreement between the tenant and I was and is not valid because the lease indicates that the Tenant has to ask the Landlord if she can sublease a room and wait for the Landlord's approval which she (the Tenant who I rented a room from) did not do. The Landlord was under the impression that only the Tenant's family was going to rent the private house.. The Landlord then told me that I have to leave in 19 days (on January 5th, 2009). This is simply not enough time. The Landlord said that I should have asked the Tenant if she was the Landlord when I first moved in. If the Tenant said, "Yes," and she was in fact not the Landlord, then I would legally have more time to move than in 19 days. This doesn't make sense to me. The room I'm renting is in San Diego, California and people sublease all the time--it's a sign of a weak economy. Also, I once rented a room from someone who when I asked if they were the Landlord, they said, "yes", but later I asked a fellow roommate if the "Landlord" paid off his mortgage and she said "he's not the landlord, he only rents from Mr. ________) It doesn't make sense because if someone wanted to rent a room and asked the person renting the room if he was the landlord, and that person said "yes, they were the landlord," that person in order to verify and confirm the veracity of the person renting the room's response, would have to go to the County Clerk's Office and view a copy of the Recorded Deed to the house which has rooms for rent and that simply is not only impractical and time-consuming, but it is prohibitive to people (bothlandlords or tenants renting rooms), especially in a dismal housing market with so many foreclosures. But, I said to myself and I'm sure, you'll agree, the Landlord who spoke to me yesterday and told me I have to move on January 5th is NOT A LAWYER. 1) Legally, how much time do I have to move if I rented a room from a tenant who rents rooms, and the Landlord was not notified, nor gave approval for the tenant to sublease rooms? I was sure that if ever I had to move, I would have at least be given 30 days written notice. This 30 day Termination is like the same Landlord-Tenant common law for every US state. 1) How much time to do i legally have to move if i am a sublessee, but landlord was not notified of sublease or any one renting a room from his tenant? 2) Can Landlord shut off electricity, gas for stove, and water on January 5th? (in 19 days) like he told me he would? Or does he have to start a squatter or holdover eviction proceeding and still maintain essential utilities? I think, I can still stay for 30 days from the date Landlord notified me that I have to move. Landlord told me he doesn't want to rent out individual rooms--so the option of finding a tenant who can rent the Master Bedroom and sign a lease and to rent the other remaining room to make up the rent Landlord is missing cannot be done. I think that legally, Landlord has to start an eviction proceeding which involves him to go to an attorney and have the attorney schedule a court date in Landlord Tenant Court, and then the court notifies me of the court date to hear my side of the story and to see the evidence I have and then after the court date, the judge schedules a reasonable eviction date. Then the judge signs an Eviction Warrant which the Landlord's lawyer faxes over or mails to the local County Sherrif or Martial and depending on the sheriff or martial's schedule, makes up an eviction date. While during this--all essential utitlities like water, light, electricity have to be kept on. I think the whole process takes about 3 months, and not 19 days, am I right? Could someone help me answer these questions. I'm very nervous now about this unpleasant surprise.
  14. In this age of reduced attention spans resulting from MTV and fast-framed movies, prove me wrong, some well-versed in Calif. Law relating my below situation, please impress me and others and also help me. I'd greatly appreciate it. Thanks. Also, please avoid being pompous, caustic or obnoxious. This type of reply doesn't help and it's bad karma and unhealthy for you and I in terms of health. Anger, cynicism, and condescending language even though providing useful info. is unhealthy for the heart and increases blood pressure. *Also, please be as thorough and as precise as possible in answering each and every question. For your ease I've separated my problem into first Facts of my matter and then Questions. Facts: I was evading arrest during auto theft car chase from police which I accidently hit a car and the women exaggerated and claimed injuries over and above what she really sustained. I did this mistake during my young stupid years and accidently . Now I'm a born again Christian. (just some background info.) I currently owe $17,000 in what's called Restitution and Recovery (r & r); I'd like to reduce it by $7,000 to $10,000, preferably, but a reduction to $12,000 would be acceptable. I am in the process of going on Monday, 12/7/09, to court to set up an appointment with a California Criminal Court Judge to reduce my R & R. I haven't been arrested in a little more than 3 yrs. I've been making r & r timely payments in the minimum amount due of $115 each month for a little over 4 and a half years, except for a couple of rare ocassions where I missed a payment or I was late. I pay $600 a month including utilities for a renting a room. Others in Calif. have beren able to have the judge erase Probation and Supervision Costs. What's the best way once I have an appointment with a judge in about a month or 2 to decrease the $17,000 r & r? Others in Calif. have been able to drastically reduce their total restitution amount. I pay $350 a month to my separated wife and 2 small children to support them and my wife is satisfied with that since her mother (my mother-in-law) has tons of money and will inherit same to her and our 2 small children). I earn $410 a week after taxes ($19,680 after taxes). I thus am not entitled to free legal aid and need to represent myself at court hearing in front of criminal law judge to ask for a reduction in r & r total payment. I sincerely believe $17,000 is undue hardship on me and would take forever to payoff. This is how my r & r payment is broken down so a person on this forum/post can decide which entry can be reduced. All of the below comprise the $17,000 r & r payment: (1) Probation & Supervision Cost: $1,609.55; (2) Probation & Supervision Cost: $2,966.73; (3) Criminal Court's Attorney's Fees: $366; and (4) Restitution and Recovery (r & r): $10,000 Again the court clerk said that some people have been able to totally erase from having to pay numbers (1) and (2) above (able to erase Probation & Supervision Costs but didn't say what documents they provided to be able to successfully erase these fees. Questions: 1) How can I erase probation and supervision costs? 2) should I also provide a letter from my landlord stating I have been living at such and such address and paying a $600 a month rental fee?) 3) should I also provide a letter from my wife stating that I pay her $350 a month to help her and my 2 small children since we're separated and don't live under the same roof and I have been paying her cash? 4) should I also provide alike recent copies of my paycheck stubs?) 5) what other documents, if any, should I provide the judge? 6) before the actual hearing/court date with the judge asking to reduce r &r or erase probation and supervision costs should I find out who the judge is and write a letter to the judge explaining the above facts comprising my undue hardship and attach the above numbers 2), 3), and 4) documents? This would be done so that the judge would have advance knowledge of my undue hardship with supporting documents/letters. 7) Finally, is it possible if I go to criminal court on Monday 12/7/09 to find the name of the judge who would be hearing my r & r reduction request so I can send the letter with supporting docs/letters to his/her attention?