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adjusterjack

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Everything posted by adjusterjack

  1. Yeah, that's what I'm saying. If the search is "clearly" illegal then your story comes to a screeching halt because nobody will need to know the rest of the story. You have to make the search questionable but not "clearly" illegal. Then your readers will have to keep going to find out how it turns out. I suggest you read the Terry v Ohio Supreme Court Decision and see how complicated the issue is. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=terry+v+ohio&btnG= Note that the Terry decision has been cited over 43,000 time in subsequent cases both in federal and state courts. I'm sure that many decisions upheld a search and many didn't. Research into case law will give you idea on how you can write your search where a decision for or against is unpredictable and keeps the reader on the edge of the seat.
  2. I'm guessing that the son who was arrested has bigger problems then just a little weed. He needs a lawyer. If there was anything wrong with the search his lawyer can address it in court.
  3. She was found behind the wheel. The presumption that she was driving is difficult to overcome. Marijuana is legal but so is liquor and both could result in a DUI conviction. Sure. Nobody's likely to believe it. Frankly, I think your other story is more interesting, though derivative. This one is just boring.
  4. Assuming you have been sued and there is a judgment against you, you have basically been served with a post-judgment debtors examination. You will have to reveal the nature and location of all your assets whether it be money or property, and your income and its source, or you could be held in contempt of court. I'm pretty sure that the interrogatories gave you instructions on what to do. Follow them.
  5. What law is that? Cite the statute. I haven't found anything that says that. Besides, if you are told about tip pooling before you get your first tips, that's advance notice, and you have the option of saying no and heading for the door.
  6. You refer to a camera in your office. It could be argued that you are expected to spend your day working on your employer's interests and your employer would thus be entitled to monitor every thing you do and say with regard to your employer's business. You would, therefore, have no expectation of privacy since you should not be doing anything personal or private while on your employer's premises (other than going to the potty).
  7. You're going to have to go deeper into detail. How much money? What kind of equipment? What does that mean? Did you have a written contract with this man? If yes, please upload it after you have redacted any identifying information. Have you been served a summons and complaint? How much is he suing for? What court level? Small claims? Higher? What does the complaint allege? What does the summons instruct you to do.
  8. I had to stare at that for a bit before it dawned on me that you were referring to people lining up on the sidewalk to enter the businesses. Of course not. If the customers of business A are interfering with business B then business B has a right to have them removed and vice versa. Heard that from where? I know of no statutory authorities that support that statement.
  9. Read the easement document. The responsibility for maintenance should be written in the document. If it isn't, you'll probably need a lawyer to research case decisions on the question.
  10. Well, for one thing signing checks and signing a contract are two different things. For another, you don't have to sign a contract to have a contract so a lot is going to depend on what the contract was about. Also depends on just what kind of mental illness. Besides, how do you know he can't sign his own checks? What was your arrangement with this man and why are you being sued?
  11. Did you read your lease to verify that? Come back when you've read it and say whether it does or doesn't say that.
  12. Yes, that's true. But a check to the estate is likely to compel an heir to open probate and get his/her court papers to be able to process the check.
  13. The safest thing to do is make the check out to "The Estate of Name of Dead Person." And send it to a family member. Then you are done with it.
  14. You make a good point. Public perception can result in bias. One can only hope that the prosecution does its job right and that the evidence is sufficient enough to convict (or acquit) in spite of any jury bias.
  15. Well, I guess the first option is to ask your neighbor for enough money to compensate for the loss of the use of your land. If that doesn't work, you get a lawyer and you sue him for it. You may even have a malpractice case against the realtor but you'll need a lawyer for that too.
  16. You were told not to leave and you left. Case closed. As to your unhappiness with the product or service that's something else. When you don't pay for something you get trouble.
  17. If you want the law, give us your state. If you want common sense, change your locks, reclaim the room, clean up the mess, and deal with anything that happens when it happens.
  18. That's not exactly correct. You can arrange for the sale through an escrow company that will hold the funds from the buyer, pay off the encumbrance, and get the deed of trust released. That's assuming there is enough money in the sale to cover the amount owed. That's right, it comes out of your money. Then, if you want indemnification from the guy who sold you the property, you'll have to sue him.
  19. It's legal. Pay on time for 12 months and you get it back. Pay late and you get a late charge and you don't get the deposit back. It's that simple.
  20. Did you not have insurance? If not, why not? Who is "they"? A deed of trust is typically a recorded document that would come up in a proper title search. A deed of trust means that there was a loan outstanding on the property. It was either to secure your obligation or the former owner's obligation. You can still sell the land but the loan balance would have to be paid out of the proceeds before you get the deed to the property. Sure. But for what? What did the previous owner do to you that's actionable?
  21. What type of mold was identified by your lab test? Name it specifically. What state do you live in? Maybe there is something in your landlord tenant statute that can help.
  22. Tell your husband from me (a former landlord) that he's his own worst enemy. Frankly, if you aren't going to evict that tenant for non-payment, it doesn't matter what she pays or doesn't pay or what you charge or don't charge. Forgive my bluntness but I predict that, on May 24th, your deadbeat tenant isn't going to pay because she has learned that her landlords are a prize pair of suckers who are content to let her live there for free. Cut your losses and get rid of her.
  23. Yes. At the very least in case there is a criminal record even if credit doesn't matter. Just make sure everybody signs the lease jointly and severally (though you might know that already). BTW, owning a "few" rentals makes you subject to the VA landlord tenant statute (though you might know that already). But here's a link just in case: https://law.lis.virginia.gov/vacode/title55/chapter13.2/
  24. Common sense would dictate that you move out and quit paying rent. You apparently have enough evidence to defend yourself if the owner sues you. A year and a half implies that you had one lease anniversary. You should have left then.
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