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Everything posted by adjusterjack

  1. Practical advice, not legal advice. Keep your daughter with you, enroll her in a local school in the fall and see what happens. Just make sure that your daughter understands that the choice you are making could have consequences. That the mother is illegal gives you some leverage if you want to play dirty.
  2. My curiosity got the best of me. Turns out it's a paranoid rant.
  3. He'd be a fool to sign away ownership and still be obligated on the loan. Have you already bought the house?
  4. 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.
  5. Are both your names going to be on the mortgage and on the deed?
  6. 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.
  7. 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: 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.
  8. 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. Yes, it's called "damage." 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. Which doesn't entitle your pet to destroy the place. Be smart. Get the pro in to clean the carpet.
  9. adjusterjack

    owi - iowa

    The opinions of strangers don't matter. If you want your license back talk to a lawyer and review your options.
  10. 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. 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.
  11. If a judge finds in your favor, be thankful and get on with your life. Going tit for tat against a lunatic ex only enhances the lawyers' bank accounts.
  12. The procedure is to hire a lawyer to get things straightened. Beats me.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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 View 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
  19. What happened when you clicked print? What happened when you called up to find out the disposition? Did you do anything to follow up?
  20. What date did you send it? It could take a couple of months until you get a response.
  21. 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.
  22. 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?
  23. 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.
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