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pg1067

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Posts posted by pg1067


  1. 23 minutes ago, Acorn said:

    Last month someone with a name very similar to mine withdrew money from what she assumed was her account. The banker instead gave her my money.

     

    Please clarify what this means.  It's not as though banks have stacks of money that are labeled with people's names such that "the banker" gave "Jon" money from "John's" pile.

     

     

    24 minutes ago, Acorn said:

    I’d like to know if there’s anything I can actually do to get it back.

     

    Is there some reason to believe the bank's investigation will not result in you getting your money back?


  2. 21 hours ago, Exit strategy said:

    Can my soon to be ex-husband get 1/2 of my home equity (home was purchased prior to the marriage by me)

     

    You haven't provided enough information to answer this question intelligently.

     

     

    21 hours ago, Exit strategy said:

    or ask for spousal support when he is gainfully employed?

     

    Anyone can ask for anything.  For such a short marriage, neither of you is likely to get spousal support.


  3. On 9/14/2019 at 11:38 AM, PizzaHutDayton said:

    Great news.

     

    The Surface Transportation Assistance Act (STAA) under 49 U.S.C. §31105 protects you.

     

    Ummm...no it doesn't.

     

    First of all, why in on Earth would you resurrect this 2 1/2 year old thread?  The OP's situation has certainly resolved itself one way or the other by now.

     

    Second, neither the part of the statute you quoted or any other part has has anything to do with the OP's situation.  The portion of the statute you quoted relates to operating vehicles in the course  and scope of one's employment.  It has nothing to do with an employee's personal motor vehicle breaking down.

     

    Read that and "weep" [sic].


  4. 1 hour ago, Rocky007 said:

    The very large tree did not crush her roof and this far she has made no attempt to remove it! My insurance is on the building but not on adjacent property. Would my insurance company try to sue hers to remove it or do I have any recourse.

     

    I don't understand this question at all.  Why would your insurer (or you) give two hoots whether your neighbor removes the tree from on top of her house?

     

    As far as I can tell, your only concern is the damage to your fence.  Since you didn't carry appropriate insurance, you'll have to pay to deal with that yourself.  If you believe your neighbor is liable (i.e., if you believe that the tree fell because of your neighbor's negligence), then you can make a demand that she reimburse you (and she can punt your demand to her insurer) and, assuming she declines to do so, you'll have to sue her.

     

     

    1 hour ago, Rocky007 said:

    my rental

     

    Huh?


  5. I seriously doubt Tennessee or any other state allows folks to shoot horses (or any other animals) simply because the animal has gotten out of its cage/pen/stable/corral.  That would be awfully absurd, don'tcha think?

     

    Do you have reason to believe your horse is likely to "get out" or that any neighbor is likely to shoot it if it does?


  6. 1 hour ago, Khalidevil19 said:

    On June 6, 2019 around 9am police entered my residence in Idaho on a welfare check. I was asleep in my room, but when confronted I was told they were shouting “sheriffs office” looking for my landlord, the owner of the house. At the time I was visiting my boyfriend, from Washington, and did not officially live there.

     

    This is awfully confusing.  First you say that the "police entered my residence," but then you say that you were only visiting your boyfriend and didn't actually live there (not sure what "officially live there" might mean).  You also said they were "looking for my landlord," but if you didn't live there, then it wasn't your landlord.  I ask these questions not to nit pick; it is critically important to the legal issue you've raised.

     

    Also, in what state did this happen?


  7. 7 minutes ago, Ann2 said:

    So isn't DHS overstepping its legal authority by having us fill out their form?

     

    Who are "us"?

     

    What form are you talking about?

     

    Why is DHS involved in your situation, which you didn't describe in the slightest?


  8. 1 hour ago, Mmy said:

    What if they don't charge. Wouldn't it be considered false imprisonment?

     

    No (or not necessarily).  An arrest based on probably cause could not possibly be "false imprisonment."  That the prosecutor elects not to file charges has no bearing on that.

     

     

    1 hour ago, Mmy said:

    My fiances little brother left drugs in his car. his brother is known heroin addict.

     

    Then your fiance is a fool to allow his brother anywhere near his car.

     

     

    1 hour ago, Mmy said:
    On 9/9/2019 at 8:40 AM, pg1067 said:

    These questions make little sense.  People get arrested and then are not charged all the time for lots of reasons.  It's not like the cops refrain from making arrests until they are sure that the prosecutor will file charges.

     

    not all the time.

     

    You say yes; I say no....

     

    "All the time" means that it's not an uncommon occurrence for a person to be arrested but eventually not charged.  Any discussion of the specifics about how frequently it happens in any given area would be way beyond the scope of this forum and would require extensive research.

     

     

    1 hour ago, Mmy said:

    usually when its an open/shut case (for example, finding meth on the person of the offender, or finding a gun on a convicted felon, or finding a gun with filed off serial numbers on the person of an individual) there is no reason not to press charges immediately. what would possibly justify the delay?

     

    I don't really care to engage in a discussion of hypotheticals.  Feel free to call your county district attorney's office and see if one of the ADAs will speak in generalities with you.


  9. You seem to have quoted the entirety of my prior response and then inserted additional information within the quote box.  I'm not going to try and figure that out.  However, here's some information about folks who commute 30+ miles by bicycle.

     

     

    15 hours ago, abh73 said:

    The other driver's insurance  company called me today and offered me a rental car but no fault has been declared yet on the police report. Does this mean that the driver/her parents (since she's a minor) have taken responsibility regarding the insurances?

     

    I have no idea what you mean by the part I underlined.  If the other driver admits to fault, her insurer will likely take that into account, but the insurer will make it's own decision about liability. The insured does not control that process.  Nor do the police make any sort of binding determination about fault (police sometimes opine about fault in their reports, but if no cop witnessed the accident, the cop's opinion is largely meaningless).  That the insurer offered you a rental car is certainly a good sign.


  10. 13 hours ago, K0713 said:

    Is anyone else out there have a parenting plan involving a teacher?

     

    The only possible answer to this question is yes.  If you're thinking that one or more persons fitting this description will happen upon your post and offer you some anecdotal info, that's unlikely because that's not the purpose of these boards.

     

    Beyond that, your comment that you "feel like [you're] being punished" makes no sense at all.  Your spouse is free to "fight" for whatever he/she wants, and you're free to do likewise.  If, as happens in most cases, you enter into a settlement, then whatever results will happen because of your voluntary agreement.  Only if you don't settle and force the court to decide the issue will you have something thrust upon you and that you don't agree with.  However, even if that happens, no one will "punish[] [you] for being a teacher."


  11. 41 minutes ago, abh73 said:

    I was hit by another car going well above the speed limit

     

    How do you know the other car was going above the speed limit?

     

     

    41 minutes ago, abh73 said:

    you can see by the damage that they were at least 60mph

     

    Only an accident reconstruction expert can opine intelligently about this.

     

     

    44 minutes ago, abh73 said:

    There is no such thing as a steady yellow as far as I'm aware.

     

    I suppose that depends on what one means by "steady."  Yellow lights certainly last for a short duration.

     

     

    45 minutes ago, abh73 said:

    I was also at work delivering a pizza and I'm really afraid the police are gonna think just because I'm a delivery driver I must be in a rush, which I wasn't.

     

    Doesn't really matter what the police think.  What will matter is what your insurance company and the other driver's insurance company think.  It will also matter whether you disclosed to your insurance company that you would be using the vehicle for commercial purposes and obtained appropriate insurance coverage (of course, if you were driving a company vehicle, that won't be an issue, but it doesn't sound like that was the case).

     

     

    47 minutes ago, abh73 said:

    You can also tell by the impact on my car and theirs that I was going well below 10mph and they were going above.

     

    Well...I suspect it's accurate that anyone will be able to tell that the other car was going above 10mph, but I doubt it's true that your car's speed will be ascertainable (but again, only an accident reconstruction expert can opine intelligently about this).

     

     

    48 minutes ago, abh73 said:

    why would I be going that slow through a stop light unless I had be previously stopped at a red light and it turned green and I had just started moving.

     

    I'm guessing it is unlikely that anyone will dispute that you were starting up from a stop, but that doesn't preclude the possibility that you started before you had the green light.

     

     

    49 minutes ago, abh73 said:

    Idk if also because this girl was 17, only had her license for a few day and had her car stuffed for of 4 teenagers (which is against the law with a junior license) would help me at all.

     

    Legally, it's irrelevant.

     

     

    50 minutes ago, abh73 said:

    I can't afford to buy a new car

     

    Then I hope you were carrying collision coverage.

     

     

    50 minutes ago, abh73 said:

    if the investigation concludes it was my fault then I'm gonna have to drop out of school because I won't have a car to get to class.

     

    You don't have buses where you live or you don't have a bicycle?

     

     

    51 minutes ago, abh73 said:

    Do I have enough evidence with the witness behind me and if they act out the accident to beat the case?

     

    As you worded this sentence, it doesn't make much sense, and we obviously have no ability to opine intelligently about the weight of evidence that you've merely summarized.


  12. 16 minutes ago, Rockybalboaxxx said:

    the dealer put remote keyless entry as one of the selling features for the vehicle.

     

    Where did the dealer "put" this?

     

    When you test drove the car, did it have remote, keyless entry?

     

    Did the sales contract mention remote keyless entry or incorporate whatever it was that the dealer "put" this on?

     

    Why did you accept delivery of the vehicle without the key fob?

     

    After delivery, when you called the dealer to inquire about this, what response did you receive?

     

    In what state did the sale occur (and, if different, in what states are you and the dealer located)?

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