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Everything posted by adjusterjack

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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
  11. 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.
  12. 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.
  13. Was the warranty issued by the dealer or by a third party warranty company. Should say so on the warranty papers. If it was issued and backed by the dealer then all you need is the contract terms when you go to court. If the warranty was issued and backed by a third party warranty company then the dealer is out of the picture and you deal with the warranty company.
  14. Of course they CAN do it, they already DID do it. If you are willing and able to sue for specific performance you might have a good chance of winning due to breach of contract. Consult an attorney. It's possible that a scary looking attorney letter could get them to back off the increase. If not, you'll have to decide if you want to spend the money on a lawsuit (money you aren't likely to get back) or accept any of the offered alternatives.
  15. No, the employee still quit. No. Yes, they can file but they are unlikely to get any benefits. Here's why. Many states allow benefits from the time you are shown the door to the original quit date. That means that an employee who gave two weeks notice and was let go after one week could apply for benefits. Trouble is, all states have a one week waiting period that would eliminate benefits for that week and there would be no benefits after the quit date.
  16. Case law has been evolving with regard to not limiting a pet's value to its price tag as property. Not a lot, but some, as outlined in the following article: http://annotations.j...where-you-live/ You would, however, have several hurdles to overcome. 1 - Determining whether there is favorable case law in your state. 2 - If not, you'll be taking the unpredictable shot at persuading your court to follow the limited trend started in other states. 3 - Pursuing a lawsuit could get rather expensive with attorney's fees and you would not get those fees awarded to you if you won. 4 - If you tried this in small claims court without a lawyer, you can bet that the kennel's insurance company would assign a very good lawyer to the defense. And if lawyers were not permitted in small claims court in your state, the defense could very likely have it moved to a higher court where you would have no choice but to hire a lawyer or you'd lose just because you were overwhelmed by the technicalities involved. Not saying you shouldn't pursue it, that's up to you, just giving you some of the realities of doing so. Any lawyer experienced with tort or negligence law could handle this for you. Feel free to consult some.
  17. I'll assume for the moment that your mother is already deceased (condolences, by the way) and you and your sibs inherit the property through the trust. I don't know if the irrevocable trust makes any differences but, generally, you would pay tax if there was any gain on the sale when the house is sold. The basis would be the market value of the house on the date of her death. Then you would take the sale price less commissions and expense and subtract the basis for the taxable amount and divide that by 4 to get the amount taxable to each of you. Of course, if the sale price is the same or less than the basis, you would have no tax to pay. I suggest two things: 1 - Get a professional appraisal of the house as of the date of death. 2 - Consult a tax pro to verify how it works.
  18. Why would you want one? One of many articles that came up in a phrase search reveal that they are scams. http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt177.shtm Other than googling and making lots of phone calls and being willing and able to pay lots of money in attorney fees, I wouldn't know. Besides, what kind of "fraudulent mortgage practice" are you referring to?
  19. Not necessarily. If the storm is strong enough to blow down even a live tree, then there would be nowhere to go with a claim agaiinst the owner. However, if the tree is visibly defective or dying where the owner "knew or should have known" abou the condition and failed to remedy it, there could be a negligence claim against the owner which your insurance company would pursue if it pays a claim for tree damage to your home. I suggest you take dated photos of the condition of the tree and continue your efforts to determine the current owner of the property and make sure you put your notices in writing. Unfortunately, if this is a foreclosure situation, there might be several changes in ownership with nobody accepting responsibility for the tree. Then you take your chances and then rely on your homeowners insurance. Nature doesn't conduct itself based on the wants of the people that crawl all over its planet.
  20. Your previous employer has absolutely no legal obligation to verify your history. I hope you filed for unemployment when you were laid off. If not, then I suggest you do so immediately. Then keep job hunting if you can't get the one you applied for. Once your former employer realizes that you are on unemployment (if you qualify) I'm guessing that verifications will be more forthcoming in the future. However, if you actually did fail a drug test, the employer really does have the option of revealing it. Meantime, nobody is doing anything illegal.
  21. Is this legal without my knowledge since he has dementia? You have two separate concepts in that question so let's work on one at a time. Is this legal without my knowledge? Yes, perfectly legal. since he has dementia? Dementia doesn't necessarily mean that he was mentally incompent to change the power of attorney or do anything else with his finances for that matter. People who have dementia often have lucid periods and the standard for competency is very low. The competency level for handling one's own affairs is similar to the testementary competency for making a will so the following article should give you some idea of what you would have to prove if you wanted to go the competency route. It won't be easy and it won't be cheap. You'll need lawyers and experts.
  22. I wonder which steps I should take to avoid any legal problem from my current employer? There is only one thing you can do to avoid legal problems from your current employer. Wait the 6 months after termination before you do anything based on ideas you develope now. And keep your mouth shut about your ideas to anybody anywhere. Nothing prevents the lawsuit from being delivered to your door. If it happens, you defend. Meantime, keep your head down. I plan to leave this company and join another one, wait for 6 months and then publicize my startup company. In that case, will they claim any IP right from this new producT? Will they? No way to predict. Can they? Sure, then can claim anything they want. How can they learn that I worked on the idea at home after working hours? These days, with everything computerized and leaving an electronic paper trail, you have to ask?
  23. As long as he's not a member of a union with a CBA, or has a bona fide employment contract, or is a civil servant subject to statutory employment, he is an "at will" employee and you can let him go for any reason or no reason at all as long as it's not in violation of anti-discrimination laws. As for the medical insurance, if he was eligible for coverage on the 91st day then he might be eligible for continuation of coverage under COBRA. Check the DOL's website to see how that works and make sure you follow the rules. http://www.dol.gov/dol/topic/health-plans/cobra.htm As for how you handle letting him go, you do it like any other employer would do it, sit him down and tell him you're letting him go. Employers do it all the time. If you feel you have to justify it with the "cutting back" excuse, that's up to you.
  24. I - Stop talking to the cops. You have the right to remain silent. Now exercise the ability. It's up to the cops to prove your guilt, not up to you to explain yourself. 2 - Consult a criminal attorney. 3 - Stop talking to the cops without your attorney. 4 - Stop talking to the cops. Get it?
  25. To prove negligence you would have to show that the washing machine owner knew, or should have known, about the clog and then ignored it. That would be impossible to prove given the circumstances you describe, since you don't know that something's clogged until it overflows. That the owner didn't routinely snake the drain line as a preventive measure is not negligence, regardless of what the rules say. As for who is responsible for the drain line, I'm guessing that the affected part of the drain line was the line that services only the unit where the washer overflowed. That means that the HOA has no responsibility for it. You are certainly free to file a lawsuit against the upstairs owner but expect his/her insurance company to assign a very good lawyer to defend the case and your cost to hire a lawyer might turn out to be a waste of money. Bottom line here is that the negligent party was the person who didn't read and understand his insurance policy when he bought it. I really had to throw that in because I read so many similar posts from condo owners who didn't buy the right insurance or didn't buy any insurance at all. There's really no excuse for that.
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