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adjusterjack

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Posts posted by adjusterjack


  1. 20 minutes ago, MIkeinPA said:

    The Police was told that he was ,ore or less who cares, He was very rude and a bit of a bully and acted like he was GOD and not a officer of the law. He would not listen to what I had to say and he was going to also charge my girlfriend who doesn't even live in the house

     

    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.

     

     


  2. 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.


  3. 49 minutes ago, JArcher said:

    I'm looking for hard facts.

     

    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:


     

    Quote

     

    4. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:

    (2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; provided, however, that this subdivision does not preclude a landlord and tenant from agreeing, in the rental agreement between them, upon amounts or fees to be charged for cleaning of the carpet, and such amounts actually expended for carpet cleaning can be withheld from the security deposit, so long as the rental agreement also includes a provision notifying the tenant that he or she may be liable for actual costs for carpet cleaning that exceed ordinary wear and tear, which may also be withheld from the security deposit. Within thirty days of the end of the tenancy, the landlord shall provide the tenant a receipt for the actual carpet cleaning costs

     

     

    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.


  4. 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.

     

    1 hour ago, JArcher said:

    Am I responsible for scents in carpet derived from dog oils \ dander when moving out?

     

    Yes, it's called "damage."

     

    1 hour ago, JArcher said:

    I'm debating whether or not to clean the carpet; the carpet has a dog odor -

     

    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.

     

    1 hour ago, JArcher said:

    I have previously paid a non-refundable pet deposit with a monthly pet fee

     

    Which doesn't entitle your pet to destroy the place.

     

    Be smart. Get the pro in to clean the carpet.


  5. 1 hour ago, MIkeinPA said:

    How can I be charged when I left there was a legal adult who knew I was leaving and I would not be back.

     

    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.

     

    1 hour ago, MIkeinPA said:

    when do I know if I have been officially charged when the officer tells me I was going to be charged or when I get a citation or arrested.

     

    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.


  6. 30 minutes ago, Mcneather said:

    what is procedures on letting an inmate free mistaken for his father amd told to return to jail?

     

    The procedure is to hire a lawyer to get things straightened.

     

    30 minutes ago, Mcneather said:

    And why would they be aabsoconder after all the I jail let them free?!

     

    Beats me.


  7. 23 minutes ago, worker96 said:

    There is no way I'm signing this thing, but I don't want to lose my job

     

    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.

     

     

     

     


  8. 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.

     

     

     

     


  9. 1 hour ago, Sucker? said:

     In South Carolina, with a Lease with Option to Purchase, is a landlord legally allowed to make the tenant pay for  property taxes, homeowners insurance, and Flood insurance premiums, and deductibles for any claims?

    The landlord received the money from any claims on the homeowners insurance and flood insurance, is this really legal?

     

    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.

     

     

     

     


  10. 2 hours ago, pg1067 said:

     

    LOL.  This is a multi-million dollar company.  The folks at the top aren't going to deal with a minor customer service issue.

     

    LOL, yourself. I've had occasional successes in writing to the top of the food chain. Naturally, I don't expect the top person to respond but things get done by people with a lot more authority than the 800 number customer service flunkies. Enough successes that I don't hesitate to bypass the front lines if I don't get positive results.

     

     


  11. 1 - That they didn't report doesn't mean that they won't.

     

    2 - There's nothing to prevent them from reporting unless your contract specifies that they don't report. Even that won't prevent reporting. It would only give you a cause of action to seek damages, if you incur any.

     

    3 - Why would you object to something positive going on your credit report as long as your account remains in good standing?

     

    4 - If you default on the contract, they can send it to collections and the collection agency would put it on your credit reports even if the company doesn't.

     

    5 - Your options? If you don't want stuff going on your credit report don't buy stuff on credit. Save up and pay cash. Otherwise, you are not going to have control over what gets reported to credit bureaus.


  12. 1 hour ago, Chudson said:

    I will try them one more time

     

    Who are you talking to at the manufacturer? Positions, not names? If you are talking to customer service people you may be wasting your time. I suggest you go to the top and deal directly with the people who run the company. The company information is from the IL Secty of State website:

     

    Corporation/LLC Search/Certificate of Good Standing

     

    LLC File Detail Report

     

    File Number
    03352536
    Entity Name
    WEBER-STEPHEN PRODUCTS LLC
    Status
    ACTIVE on Friday, 16 November 2018
     

    Entity Information

    Entity Type
    LLC
    Type of LLC
    Foreign
    File Date
    Monday, 22 November 2010
    Jurisdiction
    DE

    Agent Information

    Name
    ABRAHAM LINCOLN
    Address
    234 MAIN STREET
    METROPOLIS, 62960
    Principal Office
    234 MAIN STREET
    METROPOLIS IL, 62960
    Agent Change Date
    Monday, 22 November 2010
    Duration
    PERPETUAL
    Annual Report Filing Date
    Friday, 16 November 2018
    For Year
    2018
    Managers
    File Number
    03352536
    Entity Name
    WEBER-STEPHEN PRODUCTS LLC
    Status
    ACTIVE on Friday, 16 November 2018

     

    Entity Information

    Principal Office
    1415 S. ROSELLE ROAD
    PALATINE, IL 600670000
    Entity Type
    LLC
    Type of LLC
    Foreign
    File Date
    Monday, 22 November 2010
    Jurisdiction
    DE
    Duration
    PERPETUAL

    Agent Information

    Name
    C T CORPORATION SYSTEM
    Address
    208 SO LASALLE ST, SUITE 814
    CHICAGO , IL 60604
    Change Date
    Monday, 22 November 2010

    Annual Report

    For Year
    2018
    Filing Date
    Friday, 16 November 2018

    Managers

    Name
    Address
    BUSH, WILLIAM R.
    401 N MICHIGAN AVE, STE 3100
    CHICAGO, IL 60611
    Name
    Address
    STEPHEN, JAMES C.
    1415 SOUTH ROSELLE ROAD
    PALATINE, IL 600670000
    Name
    Address
    GRYN, LEONARD S.
    3410 VANTAGE LN
    GLENVIEW, IL 600250000
    Name
    Address
    STEPHEN, WILLIAM F
    1415 S ROSELLE RD
    PALATINE, IL 600670000
    Name
    Address
    KEMPSTER, MICHAEL J.
    1415 SOUTH ROSELLE ROAD
    ROLLING MEADOWS, IL 600080000
    Name
    Address
    RAINKO, KELLY D.
    401 N MICHIGAN AVE/STE 3100
    CHICAGO, IL 60611
    Name
    Address
    DILLS, JOHN
    401 N MICHIGAN AVE/STE 3100
    CHICAGO, IL 60611
    Name
    Address
    SCOTT JR., HAROLD LEE
    2735 GULF OF MEXICO DR
    LONGBOAT KEY, FL 34228
    Name
    Address
    TRULASKE, STEVEN L.
    2001 EAST TERRA LANE
    O'FALLON, MO 63366
    Name
    Address
    CONGALTON, SUSAN T
    380 SINGLETREE ROAD
    EDWARDS, CO 816320000
    Name
    Address
    SCHOEB, MICHAEL D
    4450 BELLHAVEN LANE
    OSHKOSH, WI 549040000
    Name
    Address
    SCHERZINGER, CHRIS
    1415 S ROSELLE RD
    PALATINE, IL 600670000

    Assumed Name

    ACTIVE
    WEBER GRILLS

     

     


  13. 13 hours ago, naylahknee said:

    I could sue the insurance company for bad faith

     

    13 minutes ago, pg1067 said:

    California does not recognize a cause of action for bad-faith against an insurer arising out of a third-party claim. 

     

    Yes, actually, in California you can do that under the Unfair Claims Practices statute 790.03(h)

     

    http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=INS&division=1.&title=&part=2.&chapter=1.&article=6.5.

     

    PG1067, see:

     

    https://corporate.findlaw.com/corporate-governance/third-party-bad-faith-actions-return-to-california.html

     

    and:

     

    https://www.justia.com/trials-litigation/docs/caci/2300/2334/

     

    But to succeed in a bad faith lawsuit you would have to show that what they are doing is "a general business practice." In other words, not just something they are doing to you. Bad faith lawsuits are very complex. You might seek an attorney with specific experience in successfully suing insurance companies for bad faith.

     

    Or, as PG1067 suggests, file a complaint with the Department of Insurance citing the violations of the statute. At least, then, you may get a reason for the insurance company low balling you.

     

     


  14. There is no bad faith on third party liability claims. The other driver's insurance company owes you nothing until a court of law says so and says how much.

     

    You sue the driver if you want to sue.

     

    You don't need money to hire a personal injury attorney. They work on contingency. They get paid if they get you a settlement or an award.

     

    However, they typically get 1/3 so if an attorney won the $15K limits, you'd get $10K anyway.

     

    If the attorney got a judgment for more than $15K, collecting against someone with minimum limits would be problematic.

     

    Have you looked to your Underinsured Motorists Coverage?

     

    What state are you located it?


  15. 51 minutes ago, Mary Alice said:

    Can this bank legally do this

     

    Yes. It's in your mortgage contract that you carry insurance on the house. If you don't, your contract allows the mortgage company to buy it's own insurance and charge you for it. The insurance covers the lender as its interest may appear. Even if there is no longer a property securing the loan, the insurance fee is charged even though the mortgage company would never collect on it.

     

    Did you tell the person who wrote you that letter that you no longer owned the property and that there is nothing to insure? If yes, what was the response? If no, maybe you should have done that before coming here.


  16. 3 hours ago, AZ-native said:

    Will I need to obtain an EIN and create a business entity (LLC) if I were to go forward, prior to the site going live?

     

    Not necessarily. An LLC is a disregarded entity for income tax purposes. You would use your own SSN and attach Schedules C and SE to your return. Nor will an LLC protect you from being sued personally for trademark infringement.

     

    3 hours ago, AZ-native said:

    Would I also have to obtain a trademark license from the company in order to post them online?

     

    The best and safest route is to get consent from the manufacturer even if it means buying a license. An infringement lawsuit can put you into the poorhouse just from defense costs even if you haven't done anything wrong.

     

    If you aren't willing to do it right, don't do it.

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