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adjusterjack

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Posts posted by adjusterjack


  1. 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.


  2. 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?


  3. 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.


  4. 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.


  5. 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


  6. 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.


  7. 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.


  8. 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.


  9. 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.


  10. 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.


  11. 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.


  12. 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.


  13. 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.


  14. 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.


  15. I was stopped behind the crosswalk at a left turn light. A woman driving from my right making a left hand turn into the lane next to me overturned and ran straight into my vehicle. My air bags deployed and my car is totaled. There was no witness at the accident.

    The woman lied and fabricated a witness. I was found at fault by the other drivers insurance, while my insurance is still investigating. I need to prove my case to have my car fixed because i only have liability insurance. I was told by her insurance that they have made their final desicion and will not be changing it.

    I have photos that I believe clearly prove my innocence, but her insurance will not budge. How can justice be served here? Do I need to take this woman to small claims?

    Yes.

    And I take both her and the witness to court? How would I do that?

    Thank you

    You would sue the driver and subpoena the witness.


  16. Any idea what the burden of proof and maximum damages are in New Jersey for when a toilet seat dispenser attached to the wall of a bathroom in a firm's offices suddenly opens up and hits someone in the head that is working at that office? A photo exists that shows that relevant dispenser being in the opened state and has the date and time for when the photo was taken. In this case, though OSHA and a manager was contacted about this, no doctor was seen about this nor any other type of reports was filed about it.

    Then no proof is needed because maximum damages = ZERO.

  17. I recently injured my leg at work. I've seen the various doctors that my employer has sent me to and been put on light duty. According to the last physician I should only be standing 2hrs total in a 6 hr shift and not doing anything that requires alot of effort or movement due to nature of injury, yet my employer continues to assign me these regular job duties. I'm standing and walking most of my shift still. I was told by my therapist to inform the dr of this. Should I or just roll with the punches and work thru the pain.

    That's up to you.

    I suggest you get a letter from your doctor addressed to your employer (not just your immediate boss but the owner of the company) regarding your condition and duty requirements.

    Then, if you continue to get the same assignments, you get to decide if you want to stand up for yourself (pun not intended).


  18. My wages are being garnished 25% of my availabel income at the same time can the same collection lawyers firm freeze my checking account and take all my funds from there and give to another credit card that is in there firm? well it has already been done back in March 2012 no notice except the letter from the bank that my account had been froze the day before, than no funds left in my account.

    Yes.

    As long as there is a judgment against you, the judgment creditor can hit your bank account and your paycheck at the same time.

    And for obvious reasons you don't get notice about the bank account till after it's frozen.


  19. I recently noticed I have been paying too much for my tags at renewal time,when I went to MVA, they said they saw the mistake and then said they had to send the papers to main office in Glen Burnie and could not promise I would get any money back. The lady said it was the dealers fault. The refund is 130.00 overpaid, Is MVA responsible for paying my money back, After all they were the ones that took it

    No. The MVA is not responsible.

    If the MVA doesn't give you back the money, you go after the dealer in small claims court for his mistake.


  20. Upon placing my resignation with my last employer, I gave a 2-week notice for my last day of employment. Upon the issuing of my 2-week notice, I was told (not to be confused with 'asked') to vacate the office and all of my belongings that very moment.

    This would not be a big deal to me, but my new employer had a firm starting date for me, which causes me to be out of work for this 2-week duration between jobs. So, I am unsure of a couple technicalities involved here:

    Was I technically fired?

    Do I have rights to file for unemployment under these conditions?

    I have since started my new job.....but it turns out that I did not start working for this new employer until a duration of 30 days after the moment I was told to leave the previous employer.

    Could you please kindly advise if I have any options for collecting unemployment? I'm trying the best I can to recover from the unexpected loss of income for this duration. Thank you in advance.

    In most states where I have looked up UC laws for other posters you would have been eligible for UC from the date fired to the quit date in your notice (possibly the same rules in your un-named state). Had you filed timely you would have had one week's benefits after the one week waiting period. That you didn't start work until 2 weeks after your quit date is irrelevant. You wouldn't have gotten benefits for that period. UC benefits are not retroactive so if you filed now your claim would be denied.

    Keep this in mind for the future.


  21. They called after I asked for advice on findlaw. They called and told me to call repair shop, but repair shop is onlly using *&^% rental car agency, which closes by 6pm M-F and Noon on Saturday.

    As a mail carrier I had to borrow someone's car, which mailboxes scratched their side mirror. By the time I get off work and return their car - the reantal agency is closed. I will try again on my day off this week, but why am I the one to do without car?

    Their faulty repair work fried my transporation.

    I am in the process of typing a letter and wondered if there is any advice

    If you incur any additional costs due to their negligence you'd be entitled to compensation for "consequential damages" but you might have to sue for it.

    I would hold off on the letter till after you get your car back fully repaired and properly functional so you can turn in your rental and quantify your damages.

    Then come back to this thread and discuss.

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