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Everything posted by adjusterjack

  1. Sorry, but spraying once when somebody complains never works. You can't live anywhere on this planet without having roaches. They were here before the human race got here and they'll be here long after we are gone. You basically have two choices. You can hassle with your landlord and spend the next couple of months getting nowhere. Or you can find the nearest Do-It-Yourself Pest Control store and buy the same stuff that the pros use and just use it more frequently. That's what I do and on rare times that I see roaches they are already dead. Self-preservation is nobody's responsibility but your own.
  2. The state or county will take care of her. If she needs medical treatment and can't pay she'll end up in the emergency room at a county run hospital where the indigent are taken care of. Then she'll end up in a state or county nursing home where she'll die. It will go to the state. It's rather obvious that, if your names are on it, you will be contacted. Being named gives you the option of responding, not the obligation. You are free to tell whoever contacts you to pound sand.
  3. No. And he's lucky he didn't get arrested for attacking his supervisor. That was absolutely the 100% wrong thing to do. And he can still get arrested for it so I suggest he just put his head down, slink away, and hope no criminal charges come from it.
  4. Sorry, but as long as he didn't put a gun to your head, he didn't do anything illegal. If you had stood up to him and refused, you would have been fired, been able to collect unemployment, and if he told lies about you, possibly sued him for defamation. Best you can do now is file for unemployment and start looking for another job. If you can prove he threatened you, you might be eligible based on "constructive termination." Unfortunately, it will be your word against his so there's no way to predict how it turns out. A life lesson for the future. Never, ever succumb to an employer's threats.
  5. Unless your mother's estate was incredibly large or incredibly complicated, then 5 years to wrap it up is way, way too long. And, no, requesting an accounting is not only NOT unreasonable, an annual accounting is required by law. See RCW 11.106.020 at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11.106 As for the 3 year statute having expired, I'm not so sure of that. See RCW 11.96A.070 at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11.96A.070 Seems to me that the statute of limitations runs from the time you get a report that falls short of the description in the statute. There are many other provisions of the WA trust statutes that you might be interested in studying up on. Start with RCW 11.98 at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11 I guess since you've waited this long you might as well wait until the end of December to see how that distribution goes and then decide if it's worth hiring your own trust attorney.
  6. You've got several issues. Let's start with dealing with your own insurance company. You're insurance company is contractually obligated to pay to repair your car back to it's pre-accident condition. If they don't, it's breach of contract. Unfortunately, you don't just get to run out and file a lawsuit against your insurance company. Look toward the end of your policy under General Conditions or General Provisions and you will find that your contract obliges you to avail yourself of all of the terms of the policy before you take any legal action against your insurance company. If you don't agree with what the insurance company is doing about your repairs your first step is to invoke the Appraisal provision of the policy which is located toward the end of the section on physical damage to your vehicle. Read that and it will tell you what you need to do. You can also file a complaint with your insurance department. No guarantees there. Another thing you are likely to find in that section is an exclusion for diminished value. In other words your own insurance company doesn't have to pay for it. In Black v. State Farm Mutual Automobile Ins. Co., 101 S.W.3d 27 (Tenn. App. 2002), the Tennessee Court of Appeals refused to apply diminished of value in Tennessee automobile policies finding the wording unambiguous and limiting the insured to repairs. That was before insurance companies started covering themselves with the exclusion. Next I'll discuss the potential claim against the scooter operator. Under negligence law, when a driver makes a left turn and gets hit by an oncoming vehicle that driver is presumed to be 100% at fault for the accident because failing to yield and getting hit is negligence. That the scooter shouldn't have been in the bike lane may only relieve the driver only partially of negligence but not by much. Look at it this way. What difference would it make whether it was a scooter, a bicyclist, or a pedestrian? Making a left turn and hitting any of those would make the driver at fault. Traffic law and negligence law are two different things. Getting a ticket dismissed doesn't necessarily absolve the driver of negligence. You do, however, have the option of suing the operator of the scooter for your diminished value and see how far you get in court. Most courts have held that auto insurance policies cover third-party claims for diminution of value since the measure of damages in tort claims, which the insurance covers, is the difference in the property's value before the loss (the damage) and after the loss. The plaintiff must provide evidence of the diminished value. Even if you win, you are only likely to win a percentage of the diminished value commensurate with the scooter operator's percentage of negligence as long as your percentage of negligence is less than his percentage of negligence. On May 4, 1992, the Tennessee Supreme Court decided McIntyre v. Balentine in which the court adopted a system of modified comparative fault. The court said: "[w]e therefore hold that so long as a plaintiff's negligence remains less than a defendant's negligence the plaintiff may recover; in such a case, plaintiff's damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff."
  7. I certainly hope that you've given the police and the bank the identity of the person you gave the ATM and PIN to. And make sure you are willing to assist in prosecuting that person even if that person is a girlfriend, boyfriend, friend or relative. It's likely that you won't be charged with a crime. I don't see the bank "working" with you on this, but you never know. If the bank wants to hold your feet to the fire for the money you might want to consider bankruptcy. Otherwise I don't have any suggestions.
  8. Depends on who the trustee is, what has to be done to comply with the terms of the trust, how simple or complex the estate is, and a lot of other factors about what's already been done or being done or what still has to be done. I'll say one thing, though, 5 months is not a long time to wrap up an estate and there's really no way of putting a time limit on anything or comparing one trust situation to another. Any chance you can tell us why you are asking the question? What are you concerned about?
  9. If you aren't out on the 10th, the LL will have to file for a writ of possession which will order the sheriff to put you out on the street. I have no idea how long that takes with your court but, trust me, you do not want to be there to have that happen because the sheriff isn't going to wait all day while you pack. He'll give you about 15 minutes to get your toothbrush and underwear and then arrest you if you aren't gone. You've got the rest of the weekend and Monday to find a motel and a place to move your household stuff temporarily. I've had tenants move a whole houseful of furniture and belongings out overnight. You can do it, too.
  10. That was was when wife made first mistake and everything went downhill from there. I can only conclude that she didn't properly get her papers from the probate court appointing her as administrator of the estate. Those papers, when presented to bank, would give the bank the obligation to discuss the loan with her. Second mistake. There is no such thing as "attaching a death certificate to a deed." I don't know why you think that's necessary or even possible. With "right of survivorship" the house automatically belonged to the wife at the moment of husband's death and shouldn't have even been mentioned to the probate court. Wife was not the borrower. Bank had no obligation to her. And I'll bet the bank has a record of sending the notices. I realize that wife was going through bad times with death of her husband. But, still, self-preservation dictates that she should have known that payments were in default and there would be dire consequence for not addressing it. No surprise there. The wife would not be responsible for paying the loan. But the house was security for the loan and the bank had a right to take it back if the loan didn't get paid. In other words you don't get to keep what you don't pay for. Another mistake. And a very foolish one. What difference does it make where the money came from? The police have nothing to do with it. Nobody committed a crime against her. Good luck suing the probate court. Then you need to google probate attorneys, or use the local yellow pages, and start making phone calls. I seriously doubt that any lawyers are going to read this and jump up and volunteer.
  11. The first thing that comes to my mind is why aren't you asking your lawyer that question? It's difficult to prove a negative like that. Did you know you were behind in your payments? Did you know that the bank has a right to foreclose if you are behind in your payments? Did you receive late notices when you were behind in your payments? Were you living in the house at the time you had it up for sale? If you had moved out of the house did you change your address with the bank and did you follow up to make sure they had the account changed to the correct address? Has your lawyer filed a lawsuit? Once he files a lawsuit he can get the bank's records of notices during discovery. But until a lawsuit is filed the bank doesn't have to give you the time of day.
  12. No damage insurance on your van? Lawyer was likely assigned by his homeowners' insurance company and moved to the higher court if lawyers weren't permitted in small claims court. You saw it was rotten AFTER it fell? That could be a problem. Did it show any sign that it was rotten before it fell? If it didn't then the owner wouldn't have known it was rotted and therefore wouldn't be negligent. Without negligence, you might not win.
  13. Read section 521 and 522 of the Serviceman's Relief Act at the link previously provided. It does appear that the serviceman can get a stay of proceedings. Whether that also applies to the brother, I don't know. Based on what I read in the statute, it's possible that the court might not grant the stay since the brother is available to appear and answer to the allegations. Trouble is, once the serviceman requests it, you are likely going to have to properly respond to the request and provide the court with grounds for denial of the stay. Has the serviceman filed a request for the stay? And when you filed your lawsuit did you complete the affidavit that says whether or not (to your knowledge) the defendant was in the service?
  14. It's not fraud, it's breach of contract. Everybody seems to think fraud is a magic word that gets a wrongdoer severly punished. It doesn't. To prove fraud you have to prove intent. It's a lot easier to prove breach of contract. It's possible that you can sue in Texax small claims court because the company's business presence in Texas would give the local court "personal jurisdiction" (google it) over the out-of-state company. If you win a judgment in Texas you can then "domesticate" (register) the judgment in CT by mail and enforce it there without having to travel. Hopefully, your husband kept careful records of what was sent to him in the first place. Like packing slips, shipping tickets, his contract with the company.
  15. Sure. But why would you want to. If he's a disciplinary problem you can fire him. If you put him on unpaid leave, he's only going to come back hostile and continue to be a problem, only in ways that you might not realize till the damage is done. I don't think that makes any difference. Your disciplinary procedures are what the boss says they are at any given moment. The employee handbook is not a contract and is not binding on anybody. Employers have been known to depart from the handbook on a whim.
  16. Actually, yes. In fact, with a week to week tenancy, she only hase to give him 7 days notice. See statute 35-9A-441 (a). http://law.justia.com/codes/alabama/2009/Title35/Chapter9A/35-9A-441.html Not unless it's prohibited retaliatory conduct. See 35-9A-501: http://law.justia.com/codes/alabama/2009/Title35/Chapter9A/35-9A-501.html You might get better comments if you explained exactly what's happening to him that giving rise to these questions.
  17. You're blowing this way out of proportion. Looking at it from his point of view, it does seem that you and everbody you know is trying to keep him away from you. Stop whining and call him up to arrange to accept service. Should have done that at the getgo.
  18. How you proceed depends on the terms and conditions of your contract, what happened, when it happened, what was breached and what your damages are. The statute of limitations for a breach of a written contract is 6 years in CT and you've already used up 5 years if the breach occurred in 2007. Not sure what you can do at this point especially if the original company no longer exists. Consult an attorney and review your options.
  19. That's kind of a silly idea. People are going to want to see stuff up close before they buy it. Makes more sense to advertise on Craigslist with the date and time. You can post up to 8 photos on Craigslist to show all your stuff if you want to.
  20. Ch 11 is a basically a reorganization that allows businesses to keep operating during the process. So, any payments to you might have already been approved by the bankruptcy trustee. Since you received nothing after the Ch 7 filing, my guess is that there would be nothing to give back. At any rate I suggest not refunding anything (or even discussing it) unless you get a written order from the bankruptcy trustee or court.
  21. You are going to have to pick up the documents from the dealer and hand carry them to the collection agency no matter how inconvenient it's going to be. Otherwise nothing changes.
  22. Study the statutes at the link that the moderator provided. But I'm guessing that you will first have to serve a "pay or quit" notice before you get to keep anything. The longer you wait, the more money you lose. Read the statutes. It's all in there.
  23. Yes. Paying the rent during the court process gets the eviction dismissed. However, you must pay before the court issues the writ of possession and you must pay the landlords court costs and process service fees as well. Above assumes residential rental. There may be other rules for commercial rental. You'll find the statutes for both at: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%2083
  24. Personal prejudice? I doubt it. How to get that reversed? You look up your appeals rules and see if it allows requesting an extension for filing. If there are no rules about extensions, you're out of luck.
  25. Sorry, but the money is evidence and has to be retained by the authorities until the trial is over. That's how it works. I suggest that your boyfriend monitor the case with the authorities.
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