Jump to content

adjusterjack

Members
  • Content Count

    9,110
  • Joined

  • Last visited

  • Days Won

    132

Posts posted by adjusterjack


  1. I have been working for a temporary service for one a half years. The job has went full time and they will be letting me go. How does the unemployment situation work? Do I have to take a job they offer me if its less than what I am making?

    Depends on how much less.

    Substantially less (like 50%) maybe you'd qualify.

    But you'd probably be denied benefits initially and have to appeal.

    A good rule of thumb is this: If you are offered work, accept it no matter what. Then there's no argument about refusing suitable work.

    You can always apply for partial benefits and you can look for another job in your off hours.


  2. i went to the link you suggested. It does state that a letter has to be sent to inform you of where the auction will be and that you can attend in Michigan. Mi Comp L 440.9614

    Then you might have some legal recourse against the lender.

    However, you wrote earlier:

    weren't they supposed to inform us of a potential sale of the vehicle and given us a chance to pay the full amount past due?

    If, by that, you meant the full amount of the past due monthly payment, no, that would not have been the option. Once you default on the loan the entire balance becomes immediately due and payable.

    If you were to be successful in suing the lender, you would have to show that you had the full amount of the loan balance in cash to redeem the car with.

    If you didn't have the full amount of the balance available during the required notice period then lack of notice might be seen by a court as harmless error since you wouldn't have been capable of getting the car back even if you had been notified.

    You might want to consult an attorney about that.

    I have also read that it is a common practice for a car to be sold at auction for the very lowest price and it is not reasonable because they just wanted to sell the car as fast as possible. Not trying to get a fair price because they are just in a rush to auction it off.

    Sorry, but it IS reasonable and legal to sell it at auction as quickly as possible for the highest bid which is likely a low wholesale price because it's mostly car dealers that go to those auctions.

    Again, had you gone to the auction you would have had to outbid everybody else and pay cash for the car. That money would go to the lender after expenses and that money would not cover the loan balance so you would still owe the remaining balance. Bidding on the car is not the same as redeeming the car for the full amount of the balance.

    i have also found several links online that suggest in Michigan, the plates are not taken.....or not supposed to be taken

    Unfortunately, once a car is repossessed, the owner loses control by default. Your loan contract (which I suggest you study) probably gives the lender and its agents (like the repo company) immunity for a lot of things as a result of your default.


  3. It's possible that the illegal bonfire could give you reason to include the homeowner as a defendant in a lawsuit but the chances of your son actually being awarded a judgment against the homeowner could be slim because the bonfire was not the proximate cause of your son's injuries. The proximate cause of your son's injuries was the act of himself and the 4 others. They could have just as easily picked up him and the couch at his request and threw him in front of a car driven by a drunk driver. The drunk driving would also not be the proximate cause of injuries.

    Bottom line: It's time to sit your son down in front of an experienced personal injury attorney and have the entire situation professionally evaluated.

    You can, of course, use your attorney. But if your attorney is not an experienced personal injury attorney it would be like having a GP read and MRI and then do the brain surgery himself.


  4. was prescribed robaxin for back pain took one time got an allergic reaction from this pill, come t find out it has aspirin in it and I am very allergic to aspirin had to go back t the hospital , my toungs was swelling up and my eyes also and I was having a hard time breathing. On all my paperwork from the hospital it clearly states I am allergic to aspirin. what should I do., they gave me a shot of dilida and a prescription for Allegra and prednisone.

    No, Robaxin does not contain aspirin. However, it does contain some of the inactive ingredients that are present in aspirin.

    http://www.rxlist.com/robaxin-drug.htm

    http://www.rxlist.com/aspirin-drug.htm

    It's possible that you might be allergic to one of those inactive ingredients and not allergic to aceylsalicylic acid.

    Either way there doesn't appear to be a case for malpractice because you weren't given anything with aspirin in it.

    Seriously consider consulting an allergist and get tested to determine the exact source of your allergic reaction.


  5. We were behind a couple months in making a car payment. We did stay in contact with the credit union that financed the car.

    Staying in contact is meaningless. Paying on time is what counts.

    They accepted late payments, no problem.

    Yes, problem.

    If you were in default of any payment by even one day past the due date (or grace period date if there was one) the lender has the right of repo regardless of how many late payments were accepted.

    We thought we would hear from them about getting up to date on the past due amount, we never did until 2 weeks later. We got a letter in the mail stating they had sold the car in auction for $3400. The loan was for almost $8,000. We had the used car for exactly one year and put money into it, fixing things. 2 questions? weren't they supposed to inform us of a potential sale of the vehicle and given us a chance to pay the full amount past due?

    Yes, I think so. But your statutes are a bit confusing as to how that is supposed to work.

    Here's a link to the statute that addresses default and enforcement of security interest. Start at 440.9610.

    http://law.justia.com/codes/michigan/2011/chapter440/act174of1962/174-1962-9/174-1962-9-6/174-1962-9-6-1-/

    AND we never got our license plate back, it had a brand new tab on the license plate.

    Whether you can do anything about that depends on whether MI requires the owner to retain the plate or whether the plate goes with the car. You can call your DMV and ask about that. If the plate goes with the car then losing a year's worth of registration cost is just one of the unpleasant consequences of defaulting on the loan.

    They are crazy if they think we are going to pay $3400. That is not a reasonable sale after owning the used vehicle for one year and putting money into fixing things.

    Sure, it's reasonable. You defaulted and the car got repossessed. Losing the money you put into fixing things is just another consequence of default.

    If you think you've been wronged by the lender or repo company, you are free to file a lawsuit.

    Otherwise you can count on being sent to collections or eventually sued for the money and then it's likely going to cost you a lot more than the $3400 because you'll end up paying their attorney fees.

    You might consider bankruptcy if you are eligible and have other debts that you can't handle.


  6. ONLY a "neutral and detached magistrate" can sign a search warrant. While the common language implies a Judge, which means a lawyer, the US SC has not attempted to define what constitutes a Magistrate, that is left to the states.

    Unless the probation officer was also a Judge or Magistrate, then no, the signing was UNconstitutional.

    Nothing personal, but I believe you have the facts mixed up, as no govt. would permit such after the ruling in Coolidge v. New Hampshire.

    While it does not offend the 4th AM if a person other than a Judge/Magistrate signs an arrest warrant (fact specific), a SW is different.

    While all that may be true, that the "search warrant" was signed by a probation officer raises a few questions:

    1 - Was the poster on probation or if somebody else was the subject of the search was that somebody on probation?

    2 - Was it a "search warrant" or just a request from the probation officer to conduct a probation search? Even if the police called it a "search warrant" it might not have been anything other than a written request by the probation officer.

    3 - Even if it was a "search warrant" in the broadest sense of the term, it was not necessary for a probation search. So even if the probation officer signed an actual "search warrant" could it be deemed harmless error by the court, thus making the found items admissable?


  7. In Tennessee, when is a law enforcement officer, especially a local one, to warn a person of immediate physical danger, especially murder. What criminal and civil sections of the Tennessee Code Annotated explain that duty?

    I realize that this is a few days old and unanswered but if you happen to come back looking for an answer, here it is.

    The US Supreme Court has ruled that law enforcement has no constitutional duty to protect citizens from third party harm.

    Here's an article about that:

    http://policelink.monster.com/training/articles/2152-supreme-court-police-have-no-liability-for-failing-to-enforce-a-restraining-order-


  8. I am aware of a daughter who has been posing as her deceased mother and passing herself off to be her mother..passing bad checks..getting her social security checks, retirement checks...the banks have been notified to close the accounts but these things seem to continue to be happening ..what can be done to stop this, to persecute this as I find it very repulsive

    Can't imagine why any of this is your business, but you can file reports with the appropriate authorities and agencies. You'll probably have to identify yourself and sign stuff. If you want to do that, then go for it.

    Anonymous phone calls aren't likely to result in any action.

    Otherwise, let it run its course. She'll eventually get caught and suffer the consequences.


  9. I was never hired as an employee but signed an "employee non-compete agreement". However, five weeks after I stopped receiving pay I informed both the company subcontracting me out (company A) and the company to which my services were being sold to ( company B ) that I would not accept any more work until my invoices for services were current. Company B is now scrutinizing A in other regions as this is apparently a real problem with company A. Company B would like to hire me but is reluctant to do so because of the non-compete agreement. Is it enforceable?

    Sorry, but without knowing your state or the terms of the non-compete all you get is a "maybe."

    Google non-compete with the name of your state and you'll find resources that will help you figure it. That's all I would have done.

    By the way, doesn't Company B have a lawyer to advise them on business matters?


  10. I am currently a single parent of 2 children one is 15 and one is 16. no longer than 3 to 4 weeks ago my daughter was hospitalized for trying to kill herself I notify my job of the situation and ask to be excuse for few hours to go see about my daughter and turn my present employer at the time did not granted that excuse in returnreturn I was terminated for checking on my child and making sure that she was okay

    No, you were terminated for missing work.

    I was terminated without any warning.

    Nothing illegal about that.

    I had no prior write ups are counseling about anything prior to this matter I feel like I was a discriminated made it against because of the color of my skin. this is a major company and it has over 4000 drivers to them I am just number.

    With 4000 employees it's a little ridiculous to claim racial discrimination.

    You were fired because you missed work, pure and simple. Rather a strict policy, but not illegal and certain not discriminatory.


  11. That sure doesn't seem right to me. That they can just say we are lying, do what ever they like and that's the end of it? They broke the main houses fron't door...It doesn't make sense. no one's even seen this guy in a week or two and he doesn't live here. But, they think they can come up here and just kick peoples doors in?

    This is what you wrote earlier:

    There was a guy staying here. He was the boyfriend of one of the woman that lives on the property. They split and she told him to kick rocks. He still comes around.

    That's enough for the authorities to keep paying attention to the occupants of that house.

    You also wrote that it's a small town. It's possible that the sheriff's office knows a lot more about the people in the house (and the girlfriend) than you do and have good reason to treat them with suspicion. Especially since they are squatters living in an abandoned house. (Yeah, you too.)

    I don't condone kicking in the door but that's between the owner's estate, family, and bank.

    I can understand wanting to live rent free, but if you don't like what's going on and what's going on isn't going to stop till they find the guy, your choice is to move.


  12. There is nothing in my lease that states anything about another background check. They said the village requires them to keep up to date on it. I'm trying to find out if I have to pay for it.

    I suggest you read the village code of ordinances and find out for yourself if that requirement is in there. You should have the link to the code handy anyway:

    http://www.palatine.il.us/government/ordinances.aspx

    Nothing jumps out at me in the titles so you are going to have to read each chapter.

    Also study the IL landlord tenant statute for your rights and obligations. Scroll down about 2/3 of the way:

    http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62


  13. Of course they CAN refuse to repair a toilet. They already HAVE refused to repair it. Delay is the deadliest form of denial.

    Read the SC landlord tenant statute to see if there is anything in there that allows self help for repairs. If there is, make sure you follow the procedures to the letter.

    http://law.justia.com/codes/south-carolina/2010/title27/chapter40/

    They basically have no say in how you store your stuff as long as it's not a fire hazard.

    If you are on a current lease, they can't evict you for having your stuff in boxes.

    However, if you are on month-to-month, they can terminate your tenancy for any reason or no reason at all, with proper notice, as long as it doesn't violate any discrimination laws.


  14. can a landlord accept a payment as rent, then two months later call it a deposit payment, assess late fees for not paying the rent and threten me with eviction if I don't pay in 5 days?

    Why would he even need to do that?

    Did you agree to pay the deposit in installments and then fail to pay?

    If the answer is yes to that question, then the LL is within his rights to apply the payment to the deposit and evict you for non payment of rent.

    Provide more details if you want a better comment.


  15. can they do that? we asked if they had a warrant and they said they didn't need one. do they?

    ...just, it doesn't seem right.

    It's right.

    The US Supreme Court has upheld probation searches on numerous occasions:

    http://www.policemag.com/channel/patrol/articles/2006/09/point-of-law.aspx

    Further, people lie to the police all the time. The police have no obligation to believe the occupants who say the guy doesn't live there.

    So, yes, there is a chance that your cottage can be searched.

    You'll have to weigh the advantage of living rent free against the disadvantage of your home being subject to search.


  16. I just want to know if the bill has been charged off and if so ,do i need to pay it or will that hurt me.Credit is already in the toilet and do not want anything else to make it worse.

    A "charge off" doesn't mean that you don't owe it. A charge off is just an accounting thing that allows a creditor to take a tax deduction for a bad debt. The money is still owed and when it's paid the creditor reverses the charge off and pays the taxes.

    So, yes, you need to pay it if you want your utilities turned on.

    Besides, paying it can only improve your credit score a little bit.


  17. A lot of outdoor apparel companies require you to clean anything before returning it, because they're prohibited by CA law to handle anything dirty. If it's dirty they'll send it back, or charge you to clean it before they can do anything with it (return, exchange, or repair it). Which law are they talking about?

    I doubt if there is one. Or if there is, it really doesn't matter.

    A seller has no legal obligation to take anything back in the first place. You do know that, don't you?

    That they do it at all is company policy and they can set whatever conditions that they want to set.


  18. Due to recent unemployment, I am unable to make any pymts on my credit cards. I'm vigorously job searching in this challenging market and have held off contacting creditors. It is my experience that once they're notified, they become extremely aggressive. What is the best way to deal with creditors? How can I prevent them from harrassing me and increasing APR rate? I have every bit of faith that employment will come soon, but I need to hold off creditors. What is the best course of action?

    You don't have to contact your creditors. They already know that you are late or in default and they'll become aggressive when it suits them. Generally, you'll get a couple of letters and a few phone calls the first month. After that they pull out the stops.

    The best way to deal with creditors is pay them on time, every time. Otherwise there is no dealing with them.

    It's not harassing, it's dunning. That's what creditors do when they don't get paid.

    As for increasing the APR, that's automatic as soon as you are in default. Read your card member agreement. It'll tell you exactly when and how much.

    If you want to hold off creditors, either pay them or file bankruptcy. There's no in between.


  19. If, in fact, the store assumes liability or is found by a jury to be liable (just because some investigator "found the store to be liable" doesn't mean it actually is or that it will assume liability), you, on behalf of your son, will be entitled to the cost of his medical/dental treatment. You may also be entitled to compensation if you or the child's other parent lost wages as a result of the accident. You might also be entitled to something for "pain and suffering" (given the nature of the injury described, I wouldn't expect much more than a nominal amount for this).

    This may be splitting hairs but it's the child that would be entitled to compensation for the injury (if the store was liable) not the parent. The parent would be acting on behalf of the child in making the claim.


  20. In general, I don't see the property owner being liable here. And he certainly is not obligated to give you his insurance information.

    Adults were drinking. Adults put the couch on the fire with your son on it after your son asked them to do it.

    Both your son and the other 4 are negligent.

    Whether your son's contributory negligence eliminates his claim completely or partly depends on whether your un-named state follows contributory negligence law or comparative negligence law.

    Your post is further proof that booze makes people stupid.


  21. Here's the problem.

    If you WERE within 100' of the intersection, then you are at fault because you were where you weren't supposed to be and not expected to be.

    Whether you were 100% at fault is up to a judge or jury to determine but you will have to sue the tractor driver to get to that point.

    His insurance company is not your insurance company and owes you nothing until a court of law says so and how much.

    What other tractor drivers do is irrelevant.

×
×
  • Create New...