VeraCaUSA

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  1. Here's a legal theory? The depreciation guide suggests a dishwasher's useful years is 8 years @ 12.5% per year. SOURCE Average cost for 2 repairs $300 - $400 in your area. SOURCE Prices for new dishwasher $ 249 - $ 899 Sears. SOURCE Theory: Motion to Dismiss with Prejudice
  2. While I doubt he will see this post, he had a legitimate question in my opinion and here is a link to help him if he does check back. http://caselaw.findlaw.com/us-8th-circuit/1173752.html
  3. wreckless driving?
  4. The key to reading the code is that unless it specifically states that you can do something then you must get permission from the designated authority before you can do it. Stand in wrong place and gator will get your legal foot, plant your right foot too deep and you might be standing in the ocean.
  5. I guess I conclude with the quote of Thomas Paine.
  6. Was hoping to hear Tax_Counsel response to the above question(s), being the weekend maybe he doesn't want to be pestered and I don't blame him, hope you have a good weekend T_C but I expect you back to work on Monday
  7. Thank you for your reply. I figured that the contract requirement was a stretch, which probably means that it would be of no value either if a homeowner asks someone to sign an agreement in which the guest agrees to vacate the premises upon request of the homeowner since the question of enforcement of such agreement would be a question of law that only the judge can decide. There is guy in town who tried moving the squatter into the garage, this girl had just taken another guy for a ride when she refused to leave from his place. When he locked the door entering into residence she called the cops and they said that he had no right to deny her access to the house since it wasn't a detached garage. Reminds me of the old movie with Charlon Heston, The Omega Man
  8. So is an overdraft a transaction which might bring an account into a negative balance? Or is ia overdraft a transaction that actually does bring an account into a negative balance? For example, on 2/12 the balance of consumer's account is $ 12.40. On 2/12 the account holder writes a check in the amount of $ 22.50. On 2/13 the account holder uses the debit card at an ATM and requests $20 withdrawal. So what transaction resulted the negative balance? Well, neither does the U.S. Constitution in that sense, yet like Texas has its State finance code, its regulations are subject to the Title 12 as the member State is subject to the IMF who is subject to the UN who is subject to....,
  9. So when does a guess in your residence turn into a tenant? I have heard of numerous times where a home owner who offers to help someone with a place to stay for a few days often find that they made a very costly mistake since even if the people leave for days they have the right to re-enter the home owners property with or without the homeowner's permission. I was wondering how the Police could order a homeowner to allow a person with no legal relationship to the homeowner; without a written agreement that the homeowner rented the indvidual(s) the use of the homeowners property for his guest quiet use and enjoyment. Since a rental agreement involves real estate then it seems like all real estate transactions must be in writing to be enforceable. If you let a friend store some stuff in your storage building does that mean they can move in cause if it is I am in trouble.
  10. The reason the U.S. Senate ratified the UN Charter is because it is a treaty. Article II, Sec. 2 US CONSTITUTION He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; On July 28, 1945 the Senate ratified the United Nations Charter by 89-2. The treaty came into force on Oct. 24, 1945, after being ratified by the then five permanent members of the Security Council: Britain, the Republic of China, France, the Soviet Union and the United States. Article. VI. US CONSTITUTION This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. You might have a point there.
  11. Thank you for your reply. As of August 15, 2010, standard overdraft practices do not apply to your existing accounts (that is, everyday debit and ATM transactions) unless you actively opt-in to the overdraft plan. Again, transactions that exceed the account balance typically will be declined, but you won’t be charged any fees. Source: Reserve Federal Bank of St. Louis Since they intent and purpose of Regulation was to prohibit ATM and one debit card transactions from being charged for overdrafts since the bank incurs no additional expense in responding to the request by declining a transaction than it does in approving a transaction, then if the bank can charge for saying decline it can also the same amount for saying yes. Here is another source that I found after asking this question: New federal rules give you the choice to avoid overdraft fees on certain debit card transactions and ATM withdrawals by stopping banks from approving these transactions when you do not have enough money in your bank account. Source Consumer Action So how can you stop banks from charging overdraft fees when the bank has the discretionary option to pay the overdraft with or without the consent of the account holder? So if they can't charge if they do pay an overdraft then to say they can charge if they don't pay doesn't seem logical. But to answer your question, the policy of the institution is that they may, at their sole discretion, opt in a account holder's checking account and pay overdrafts up to the limit stated including overdraft fees. Since the issue of whether a bank can choose to opt in a customer's checking account without the card holders consent isn't specifically mentioned in Regulation E, or rather I haven't seen it specifically say they can't, then if it is written in the banks policy then would you agree that they bank has the right to do so if it is written in their policy? While I respect your opinion, I am sorry to say that I must respectfully disagree with your position that a bank can charge an overdraft fee on ATM and one time debit card transaction unless the consumer agrees to opt in to their overdraft service.
  12. Thank you for your response. Wasn't 12 CFR 1005.17 was added in the 2009 revision to Regulation E to allow the institution to provide overdraft services for consumers who gives their affirmative consent (opt in) to the institutions overdraft services and be charged a fee for overdrafts for ATM and one-time debit card transactions? In such, would that even alter that if a consumer does not opt in they can't be charged a fee for an overdraft which from an ATM or one time debit card transaction. I think I see how you are reaching that conclusion, if they can charge a overdraft fee for a check when it is declined then what is the difference if an ATM or one time debit card transaction is declined if enough funds are not available to initiate the transfer. However, In 2009, the Federal Reserve Board (Board) amended Regulation E to prohibit institutions from charging overdraft fees for ATM and one-time debit card transactions, unless the consumer opts in or affirmatively consents to the institution’s overdraft services See: (74 Fed. Reg. 59033 (Nov. 17, 2009) and 75 Fed. Reg. 31665 (June 4, 2010)). While the U.S. CFPB has jurisdiction in a sense but you might look into member States obligation under the United Nations Charter and compliance to the UN resolutions. As in Luke 3:8, hope the U.S. bankers don't say to themselves we have our rights when the Great Corporation comes around for the audit.
  13. Wouldn't it depend upon whether the financial institution has affirmative consent of the card holder since banks are prohibited from charging overdraft fees for ATM and one time debit cards transactions unless the customer opts in or affirmatively consents to the institution’s overdraft services.
  14. True and I don't mean to derail the OP's question yet it relates to a question I had asked some time ago regarding multiple lots inclusion as homestead property since contiguous lots having an aggregate area of less than 10 acres qualify as homestead property. But I digress.
  15. Thank you for your response. Yes, it depends upon the terms of the account agreement as an excerpt indicates..... "In this Agreement, as well as the terms of your Membership and Account Agreement with us, our policies and procedures, and any other agreements, instructions, or FAQs (collectively, “Other Agreements”) provided to you in connection with an electronic fund transfer service, all of which are made a part of this Agreement and may be amended from time to time. If any of the terms of this Agreement or the Other Agreements should conflict with the terms of this financial institution's Membership and Account Agreement, the terms of this Agreement and the Other Agreements will control. Capitalized terms used in this Agreement abut no defined herein shale have the same meaning as the Membership and Account Agreement."