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Everything posted by adjusterjack

  1. You would know better what the consequences of not complying with policy is. If your boss says OK he should be the one going to bat for you. If he doesn't want to buck policy, your choices seem to be as follows: Push back and say no to plane travel. Period. Or If you have time on both sides of the trip, drive or take the train at your own expense and seek forgiveness after you get back. Or Get yourself to a doctor who can write you up as unfit to travel by plane due to panic attacks (it's a real condition) and invoke ADA. Or Get a prescription to valium or something that will make the flight a non-event.
  2. There are lots of things that are legal that you cannot do while on probation. What does your lawyer say?
  3. Neither. He need to hire an attorney now, and let the attorney talk to the police. Your husband has no clue how to talk to police without incriminating himself. ANYTHING he says to the police can be used against him. What he says to his attorney cannot be used against him. You both need to watch those videos. Your husband is on very dangerous ground.
  4. Until you provide specifics all I can give you is abstract answers. Yes. In the abstract there is no practical limit (though there are limits as will become clear later) because, as with any lawsuit, each case is adjudicated based on its own merits. There are cases where there are statutory limits on punitive damages. One example is when a landlord wrongfully withholds a security deposit. Damages can be an additional limited multiple of the amount of the deposit. Another example is a bounced check. Damages can also be an additional limited multiple of the amount of the check. I use the phrase "limited multiple" because it's either two or three and I don't feel the need to look it up. That's the trouble with online searching. You end up with unsupported opinions by people who copied the unsupported opinions of others. I have to laugh at some of the stuff I read online by lawyers and government officials who should know better. Your "five times" is a myth similar to the "three times" rule in personal injury claims. I was taught the "three times" rule almost half a century ago in claims class but that formula went out the window not long thereafter when the insurance industry became much more sophisticated in quantifying injuries. You're right. If you could get that in small claims court, or anything up to the small claims limit, a lawyer would be superfluous. Lawyers are expensive and there is no guarantee of winning any punitive damages at all. Saying you are entitled to punitive damages is a long, long way from proving it. That's right. Which is exactly what throws the "five times" myth out the window. A jury would have to determine the extortionist's punishment based on the facts of the case. There are too many variables involved, including variables about the victim. It would surprise me. Unless there is a statutory limit on a particular type of action, an appellate court would not be specific about the multiple. Appellate decisions don't work that way. Here's an example of how they do work: https://scholar.google.com/scholar_case?case=18105445087867644608&q=punitive+damages+caps&hl=en&as_sdt=4,5 Study the decision carefully and you'll get an education about punitive damages. It's very interesting.
  5. Is this another "theoretical" question or do your questions actually apply to something you're involved in? See CA Civil Code section 3294: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3294. Probably not. But you can google that just as easily as I can. A CA small claims judge can award punitive damages for ANY case for which punitive damages are appropriate.
  6. Check the VIN at the following website: http://vinsearch.info/atv-vin-check.html Make sure you use the VIN that's on the ATV, don't rely on just the paperwork. Come back and report the results.
  7. That was your husband's first, biggest, and dumbest mistake he could ever make. Sit down with your husband and watch these videos and you'll know why. He can be innocent and still end up in prison. https://www.youtube.com/watch?v=8GjCJ6Xqjg0 https://www.youtube.com/watch?v=-FENubmZGj8 What your husband needs to do now is say "No comment. I'm invoking my right to an attorney." And he needs to keep saying it over and over again even if he does get arrested, especially if he gets arrested. And now is the time to get him to a lawyer while he still has some control over it.
  8. Another no-title sob story. That's the umpteenth one this week. Here's your sign. Too late to worry about that now. Call it in and find out. I'll bet that the 50% was more than the quad was worth. What's the name of your state?
  9. Here's the required form from the PA court system. It doesn't need to be notarized. http://www.pacourts.us/assets/files/setting-4120/file-4293.pdf?cb=96ad4f It's probably a good idea to do the transaction at the court and file the satisfaction there, too.
  10. Make sure you get receipts or keep some sort of documentation of payment and get him to sign a Satisfaction of Judgment that you can file with the court. Keep in mind that you also owe court costs and probably post judgment interest so you'll want to get a copy of the judgment to determine the costs and the interest.
  11. You've been using the strip with the knowledge and constructive consent of the other owners so you have no rights under adverse possession. What I suggest you do is put up fences on your property lines, the lines delineated by your survey and forget about that strip and the other fences. You should have done that a long time ago.
  12. Is this a mobile home park? What state? Could be, but my guess is that there is a lot more to the story than you are telling. Or, did it happen like this: Man has a beer by the pool. Landlord comes over drinking his own beer and says "No alcohol by the pool. I'm going to evict you." Then what?
  13. No, of course not. But you don't own the property yet. Then hire a lawyer to properly address those problems.
  14. Doesn't matter. The mortgage department that lends you money is a million miles away from the department that takes your money and pays you a pittance. Some bureaucratic moron has got it into his/her head that you have to pay $36,000 to buy insurance in order to get your loan. I have no idea how you fight that. Your financing contingency should allow you to cancel the purchase and the seller can put the property back on the market.
  15. Yeah, find another lender or cancel the purchase under your financing contingency and walk away with your earnest money. If the lender wants you to buy flood/hazard insurance that costs you $36K you buy flood/hazard insurance for $36K or you don't get the loan. It's that simple. Once those people get something into their heads, no matter how wrong it is, there's no talking them out of it. It doesn't make sense to me. At the most your lender should require an amount of insurance that would cover the loan amount if your unit got destroyed. Shouldn't matter how much the rest of the property is insurance. Instead of an HO-6, see if the lender will accept an HO-3 that would include dwelling coverage for the amount of your loan. It's a bit of a finagle but that all I can think of, other than walking away from that lender.
  16. He doesn't get to refuse. He's in handcuffs and can be led through the process, even against his will. Any struggle will only lead to additional charges and possibly injury.
  17. Then you aren't married. Period. And you have no legal claim to any of his sole and separate property unless you can show that there was some contractual arrangement (express or implied) regarding the distribution of separate assets. See IIIB of Salzman v. Bachrach where the Colorado Supreme Court discusses the enforcement of express or implied contracts between non-married cohabitants: https://scholar.google.com/scholar_case?case=8135207633737759653&q=common+law+marriage&hl=en&as_sdt=4,6
  18. People don't "press charges" they report crimes and the authorities decide whether or not to prosecute. You've already reported your suspicions to the police. Now it's up to them. Though, without EVIDENCE of the LL's culpability, there isn't likely to be charges filed. You might be better off filing a civil lawsuit if the eviction did not follow proper procedure. Consult an attorney.
  19. My guess is that new posters to this site have no idea what "tag state" and "add tag" means so they bypass it and post their messages, not realizing that they have to click on "add tag" to choose a state. Not sure I can fault them on that since it doesn't make much sense set up that way. Expert Law opens the message box with: My question involves __________ in the State of: Free Advice opens the message box with: What is the name of your state? The Law has a drop down box labeled Jurisdiction. Clicking the arrow opens a list of states. Those three sites also get a share of posters that don't reveal their state. Gets frustrating to read a story then ask for the state and go back and read it again.
  20. Should be mandatory before being allowed to post.
  21. I would ask the same question. Why do you want to know? Your answer will have a bearing on any helpful comments. For example: Do you live in NJ? Is the car in NJ wearing the AZ dealer tag? Are you planning to buy the car? Have you already bought the car? Did you get (or have you seen) the AZ title? Is the person in possession of the car the same person that is named on the title? One thing I can almost guarantee is that a NJ resident who gets pulled over in NJ driving that car is going to get a citation.
  22. Call your city building code department and ask.
  23. Then you have no standing to sue anybody. Any such lawsuit would immediately be dismissed. It's true, in a way. You can be called as a witness for the plaintiff (the aggrieved party) where you can give testimony on behalf of the plaintiff. Please do. Without the back story it's impossible to provide any helpful comments. Somebody in authority didn't just wake up one morning and decide to bulldoze somebody's house.
  24. Is your name on the deed? If it isn't then you are not an aggrieved party and you have no standing to sue anybody for anything. If you are on the deed then you and any other owner would be joint plaintiffs in only one lawsuit. When, exactly, was "day one"? If it was some time before April 8 then there is a lot to the story that you aren't telling us. Florida Attorney General maybe.
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