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Everything posted by adjusterjack

  1. adjusterjack


    Do you still drink alcoholic beverages?
  2. Yes, that's what it means. Are you willing to go to trial? Is there a chance that the prosecution won't meet it's burden of proving your guilt beyond reasonable doubt? Do you feel lucky? Well, do you?
  3. Expect a conviction. That's about to change. The ticket is just a notice. He'll testify as to what you were doing.
  4. Don't think so but you are welcome to talk to a lawyer about it.
  5. If her college gives a course in business law, she needs to take it and learn the consequences of signing contracts and then breaching them. She will owe rent from the date she was supposed to take possession until the landlord rents the apartment to somebody else. Ohio law is quite clear on that. See Dennis v. Morgan, 89 Ohio St. 3d 417 - Ohio: Supreme Court 2000 https://scholar.google.com/scholar_case?case=2698589641397604684&q=Dennis+v.+Morgan&hl=en&as_sdt=4,36 She doesn't have to pay anything until the apartment is re-rented and the landlord presents her with a bill. She could, theoretically, be on the hook for the entire 6 months if the landlord has made reasonable efforts to re-rent but, for some reason beyond his control, cannot.
  6. Did you read the contract? Did you follow the instructions for cancelling the account? Not what somebody told you on the phone, but what is written in the contract. Anyway, if you were making automatic payments by credit card you can file a dispute with the credit card company to see how many months of chargebacks are available. You should have been disputing each monthly charge as it occurred.
  7. Yes, I used a successful remedy a long time ago when I had a crappy neighbor. Not a druggy. White trash. The kind whose property looks like a junk yard. I finally realized nothing would ever change so I sold my house and moved. Condolences. In many other states he would have been shot dead walking into somebody's garage or back yard. Problem solved.
  8. Actually, she's not. A person's "wishes" mean absolutely nothing after the person died UNLESS that person left specific instructions in the form of a will or a trust. The suggestions made to the previous poster apply to you, too. Start with the home ownership. If it was joint with right of survivorship you can either stop right there or spend lots of money opening probate under intestacy.
  9. Setbacks and permits are two different things. Setbacks are often deed restrictions or legal restrictions that existed when the property was first platted. Permits have to do with building codes but would include setback requirements. If you can't get the solar approved because of the location of the shed you'll have to move it or tear it down and build another. Is there no process for a variance? You are grandfathered. You can keep the shed forever, until you want to do something new to the property and then you have to meet all the current codes and regulations.
  10. Your lawsuit would be for breach of contract but you wouldn't get anything for stress or inconvenience. And it isn't likely that you would get 6 months worth of billings because that money wasn't lost, only delayed. You're still going to get the money from the insurance companies. Your cost to borrow money might have been compensable except for one thing - a concept in contract law called "mitigation of damages." See: https://legal-dictionary.thefreedictionary.com/Mitigation+of+Damages You could have easily typed up invoices and mailed them to the insurance companies. What do you think businesses were doing before computers and software came along? I don't see you having much of a case other than for the return of whatever money you paid those people. But do consult an attorney if you like, and review your options.
  11. Practical advice, not legal advice. Keep your daughter with you, enroll her in a local school in the fall and see what happens. Just make sure that your daughter understands that the choice you are making could have consequences. That the mother is illegal gives you some leverage if you want to play dirty.
  12. My curiosity got the best of me. Turns out it's a paranoid rant.
  13. He'd be a fool to sign away ownership and still be obligated on the loan. Have you already bought the house?
  14. A three year old wandering the streets at night. The officer had every right to behave like that to you, and worse, he could have put you in handcuffs and hauled you away after turning the three year old over to child protective services. If you do get charged and you manage to convince a judge that somebody else left the child unattended, it's THAT person that should be locked up and lose custody of the child.
  15. Are both your names going to be on the mortgage and on the deed?
  16. The statute of limitations for a lawsuit in MA based on contract is 6 years. You are still within the time limit. However, if she already filed bankruptcy and listed your debt then you are screwed and will never see a penny of it. Set up an account on PACER: https://www.pacer.gov/ You can look up her name to see if a bankruptcy has already been filed. If it has, you can search for the forms that she filed to see if the debt is listed. If no bankruptcy has been filed you are free to sue her. Any business or contracts attorney can handle it. Be prepared to pay $300 to $400 per hour with a retainer of several thousand dollars. The lawsuit is likely to precipitate the bankruptcy and chances are that you'll be kissing the money goodbye. You've just learned the hard way that lending money to relatives is always a bad idea.
  17. No, I think you are looking for somebody to tell you it's OK to leave the carpet as is. Well, here are some facts. 1 - The IRS publication you cited has to do with the taxation of rental properties and nothing to do with the administration of security deposits. 2 - The maintenance man and the people in the office are not the owners. They don't make the rules or the decisions and are likely to have selective amnesia if confronted: "Oh, I never said that." 3 - The Missouri security deposit statute, section 535.300: https://law.justia.com/codes/missouri/2018/title-xxxvi/chapter-535/section-535.300/ The choice is yours. Spend the money on cleaning the carpet and be prepared with documentation and photos, or don't, and have no defense when the landlord sandbags you for the carpet replacement.
  18. This is not a "legal" definition but, as a former claims adjuster, I have some experience with depreciation and, as a former landlord, I have some experience with carpet life. Better quality carpet in a rental should be good for 10 years. Modest quality (cheap) carpet in a rental should be good for 5 years. However, carpet has a residual value if it can be cleaned and reused. Maybe 10% to 25% depending on the quality. Yes, it's called "damage." Get a carpet cleaning company with the big machines. An apartment shouldn't cost you more than $100 or so and your receipt and photos is your best defense if the LL withholds a big chunk of your deposit for the carpet. Which doesn't entitle your pet to destroy the place. Be smart. Get the pro in to clean the carpet.
  19. adjusterjack

    owi - iowa

    The opinions of strangers don't matter. If you want your license back talk to a lawyer and review your options.
  20. Because you were the first one to show up to an empty house. That gets you charged. Your story is your defense for court. The officer doesn't hold court at the scene. You'll just have to wait and see. While you wait you might be checking with the local criminal court to see if your name comes up. It'd be a good idea to talk to a lawyer.
  21. If a judge finds in your favor, be thankful and get on with your life. Going tit for tat against a lunatic ex only enhances the lawyers' bank accounts.
  22. The procedure is to hire a lawyer to get things straightened. Beats me.
  23. You might not be able to have it both ways. It's legal for your employer to ask. It's legal for you to decline. It's legal for you to be fired. It's legal for you to collect unemployment compensation which your employer pays for. If it was me I would just say no and the heck with the job if it came to that. Who knows. There may be enough employees that say no so that your employer will back off. Have you talked to co-workers about it? Form a mini-union and everybody say no.
  24. It has already escalated to the point where you either go all in or bend over and take it. My suggestion: Get the plat diagram from the county. If the property line on that side is a straight line between the corners, buy yourself 5 or 10 300 pound boulders and have them laid out just on your side of the property line along the pad. If he hits a boulder with his car it means he drove on to your property and that's his problem. Yeah, he will yell and scream and might even sue you, but that's the risk you take with a lunatic neighbor. Or, you can sue him and seek an injunction compelling him to remove the pad. Home owners typically have the right to sue neighbors to enforce zoning and deed restrictions. Another alternative is to sell your house and move. I had to do that years back because of a crappy neighbor.
  25. Yes, it's legal. The South Carolina landlord tenant statute exempts contracts for sale from the act so anything you agree to in the contract is legal and binding. See 27-40-120(2): https://law.justia.com/codes/south-carolina/2017/title-27/chapter-40/section-27-40-120/ Buying a home via lease purchase or contract for sale is a very dangerous way of buying a home. You could very well end up a sucker.
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