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All We Perceive
Sea Cucumber



Registered: 09/24/07
Posts: 10,491
Last seen: 7 months, 3 days
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Re: Ask a defense attorney [Re: Enlil]
#15912254 - 03/07/12 01:04 AM (11 years, 10 months ago) |
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If there is weed and bowl sitting in the open in a hotel room on the table and there are 3 people in the room, if no one says anything, is there any way for them to successfully try all 3 as a package?
Let us suppose you secretly record a conversation with a cop and he testifies differently than what actually happens. Your state requires both parties to be on notice that they are being recorded. You then try and introduce this tape as impeachment evidence. Result?
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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak
Edited by All We Perceive (03/07/12 01:07 AM)
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All We Perceive
Sea Cucumber



Registered: 09/24/07
Posts: 10,491
Last seen: 7 months, 3 days
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Re: Ask a defense attorney [Re: yogabunny]
#17414289 - 12/18/12 08:30 PM (11 years, 1 month ago) |
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A friend has a landlord that lives in China but has a property company in California. They are keeping my friend's deposit from a rental owned by the property company in Colorado without cause and not responding to emails / phone calls. If she can get service on the property company in California and they don't show, my friend should get a default judgment. However, what if they then don't pay? I assume they are good if they don't come back to Colorado?
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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak
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All We Perceive
Sea Cucumber



Registered: 09/24/07
Posts: 10,491
Last seen: 7 months, 3 days
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Re: Ask an attorney [Re: Enlil]
#19569826 - 02/15/14 12:47 PM (9 years, 11 months ago) |
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Quote:
Enlil said:
Quote:
tyrannicalrex said: I will have a blueprint of the area I was in showing I was not in a food prep area. I do have 2 witnesses that said they did not see me eating. Can I get a paper signed by them with a statement saying so? Do I need to get it notarized? This is such a ludicrous bunch of BS!
You can usually bring in sworn statements, but I don't see how much it's going to help here. Lots of people can swear they didn't see something, but that doesn't undercut what one guys did see. If they could swear that you weren't there that day or that or something that would prove you couldn't have eaten that'd be one thing, but clearly they weren't watching you the whole time you worked.
How would a sworn statement not be hearsay? Police reports are almost never admissible and that seems similar.
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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak
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All We Perceive
Sea Cucumber



Registered: 09/24/07
Posts: 10,491
Last seen: 7 months, 3 days
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Re: Ask an attorney [Re: Enlil]
#20451592 - 08/20/14 11:15 PM (9 years, 5 months ago) |
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Quote:
Enlil said: It would suck much worse if it couldn't happen. Without a way to enforce judgments, people that owe you money could just refuse to pay and you'd be shit out of luck.
Hmmmmm. That is not my experience. Rich people put all of their assets in irrevocable trusts. Poor people have very little to take. In Colorado, only mortgage holders can foreclose on property. Being a non-mortgage holder, you can put a lien on their property but you have to wait until they sell it which could be until the end of time. Most of the time, in my experience, people with judgments get nothing. Not to mention, you have to pay a collections attorney at least 1/3 of whatever you recover on top of the 1/3+ you paid the original attorney to net that judgment. Good luck seeing anything.
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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak
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All We Perceive
Sea Cucumber



Registered: 09/24/07
Posts: 10,491
Last seen: 7 months, 3 days
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Re: Ask an attorney [Re: Enlil]
#20451643 - 08/20/14 11:32 PM (9 years, 5 months ago) |
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Quote:
Enlil said: Most likely, the unlawful detainer (eviction suit) will be filed against the tenant(s) on the lease and "unknown occupants" or something to that effect. The order to vacate will give the sheriff the power to kick you out as well.
On the other hand, the complaint might name you. If it does, this could be pretty shitty for you because an eviction is going to make it very difficult for you to get another place to rent. You're taking a chance. My advice is to move ASAP. I hope you haven't left a deposit, because if you have, you're never going to see that money again.
Bottom line is that you'll probably not be named. If you are, however, and you lose, it's going to haunt you for awhile. There are plenty of ways to avoid losing, but all of them will require a significant amount of your time, and some will require you vacating the property quickly. Whether or not you're named, however, you're not going to be able to stay there forever.
If true, then when a commercial property lessee reneges on a lease, all of the tenants could get equally as fucked? I think we are missing something here.
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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak
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All We Perceive
Sea Cucumber



Registered: 09/24/07
Posts: 10,491
Last seen: 7 months, 3 days
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Re: Ask an attorney [Re: Diploid]
#21236895 - 02/06/15 08:08 PM (8 years, 11 months ago) |
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You generally cannot bring a negligence claim as a prisoner because you give up that right when you become a prisoner. As such, you would need to tether that to a constitutional claim--like cruel and unusual punishment. If you were 100% likely to die in a given situation and you were not given the death penalty, that would necessarily be cruel and unusual punishment. For a percentage less than 100%--virtually all real situations--that would be up to a jury to divine. No one can say how you would come out on such a claim.
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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak
Edited by All We Perceive (02/06/15 08:09 PM)
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