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rjreynoldsinc
Jack of all trades



Registered: 09/10/10
Posts: 459
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Re: Ask an attorney [Re: Enlil] 1
#27113553 - 12/29/20 06:15 AM (3 years, 5 months ago) |
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kinda outta place here but just curious anyone familiar with patent law?
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Anonymous #169
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I waited tables in CA before covid hit, immediately got on unemployment, made bank. in june/july work was somewhat available. I got scheduled for a few shifts, put them up for grabs so my coworkers could take them, they all got taken, the restaurant stopped scheduling me, there was limited work. For my weekly claims I continued checking the No box for "did you refuse any work?" Just yesterday I got a message saying my claim may be linked to fraud and I'll be emailed on the 6th to confirm my identity. Any insight on if I should be worried about being accused of fraud? Would I just stop getting benefits or would I be asked to return some moolah? Thanks, this thread is legendary.
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undersativaskies
blue ridgerepresent



Registered: 05/13/06
Posts: 909
Loc: cville
Last seen: 2 days, 4 hours
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I know a couple people that have done this and they got caught and had to pay the full amount back plus had to pay taxes on the unemployment income amount.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Yes, they can force you to return the money. Your employer has an incentive to report you as well.
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Doc9151
Mycologist



Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 11 months
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Re: Ask an attorney [Re: Enlil]
#27125576 - 01/04/21 08:36 AM (3 years, 5 months ago) |
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I don't think he's saying he committed fraud but is being accused!!! I say don't worry about it if you didn't do anything wrong, but if you did commit fraud, you will be arrested, charged and if it's the 1st time, most likely receive pretrial release, but if you have history of committing crimes they may stick it to you. Pretrial release will just require you to pay it back and may or may not end with a felony conviction or not being on your record if you complete pretrial conditions. If you didn't do anything, there's nothing to worry about, but whatever you do, do NOT ignore it.
I am not a lawyer and state laws vary, but I do know someone that just went through a similar situation.
@rjreynoldsinc What's your question about patent law? Either Enlil missed your question or doesn't know, but usually will tell you if he doesn't know.
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Edited by Doc9151 (01/04/21 08:45 AM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask an attorney [Re: Doc9151]
#27125584 - 01/04/21 08:41 AM (3 years, 5 months ago) |
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When collecting unemployment, his duty is to take and declare work, even if it's only partial employment. He lied on the form by his own admission. Whether he gets caught is another issue, and he's unlikely to be charged with any crime regardless. If caught, the most likely outcome would be that he'd have to repay benefits.
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Doc9151
Mycologist



Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 11 months
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Re: Ask an attorney [Re: Enlil]
#27125598 - 01/04/21 08:52 AM (3 years, 5 months ago) |
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I misunderstood, but yeah I see it now that I read it again. Sounds like the same situation as the young woman I know that was recently caught doing the same thing. Since she had no criminal record the court sentenced her to pretrial release and made her pay it back.
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  Psilocybe cubensis data collection thread. please help with this project if you hunt wild cubensis. https://www.shroomery.org/forums/showflat.php?Cat=0&Number=26513593&page=0&vc=1#26513593
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Anonymous #169
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Re: Ask an attorney [Re: Doc9151]
#27125983 - 01/04/21 11:51 AM (3 years, 5 months ago) |
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My employer reached out to the employees saying they understand if employees have health concerns and don't want anyone working if their uncomfortable with it. I have increased risk to the virus so I thought I was in the clear, definitely didn't intend to commit fraud, don't they need to prove intent to commit fraud? Can't I explain my fault and be in a better situation with the law? What if I owe $16,000 and can't pay it off right away?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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That's why it's very unlikely you'd be charged. The truth is that you have a colorable argument, and it's very tough to convict someone criminally, especially in this situation.
That doesn't change the fact that they could require you to pay it back. Typically, that would be arranged as a payment situation. They would likely garnish wages for a percentage until it's paid off, and that could take years.
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Anonymous #169
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Re: Ask an attorney [Re: Enlil]
#27129343 - 01/05/21 09:32 PM (3 years, 5 months ago) |
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But I'm unemployed? (not to say I'm not hustlin and can pay them over time) Will I be required to find work or something?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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You'll pay them eventually.
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dizzy_simmons
Detective



Registered: 09/18/09
Posts: 393
Loc: Interzone
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Re: Ask an attorney [Re: Enlil]
#27170919 - 01/26/21 01:31 PM (3 years, 5 months ago) |
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The state of Maryland sent me a bill claiming I ran a toll, but they included pictures of a vehicle that isn’t mine and only has a *similar* plate (it’s off by one letter). However, they won’t answer the phone or respond to my emails, but they *have* now set a court date.
I don’t live in Maryland and I don’t want to go to court, but I don’t want to pay either. Can I counter sue? And if so, how much would be reasonable to counter sue for?
-------------------- UNDO YOUR DOMESTICATION Looking for: ***The Land of the Free*** Ps. caerulipes Ps. cubensis Ps. cyanescens Ps. ovoideocystidiata Pan. cinctulus Pan. cyanescens
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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No, you can't countersue them. You can usually do a trial by declaration, though. Include pictures of your vehicle and point out the differences between your vehicle and the ones in the photos.
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A.k.a
Stranger



Registered: 10/27/19
Posts: 17,180
Loc: Gaming the system
Last seen: 1 hour, 26 minutes
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Re: Ask an attorney [Re: Enlil]
#27170967 - 01/26/21 01:51 PM (3 years, 5 months ago) |
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What a pain in the ass man. The tech should definitely be way past misreading plates, what a dumb reason to disrupt your life.
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LAGM2020     
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask an attorney [Re: A.k.a]
#27170971 - 01/26/21 01:52 PM (3 years, 5 months ago) |
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People make mistakes
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dizzy_simmons
Detective



Registered: 09/18/09
Posts: 393
Loc: Interzone
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Re: Ask an attorney [Re: Enlil]
#27171008 - 01/26/21 02:08 PM (3 years, 5 months ago) |
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Apparently Maryland doesn’t do trials by declaration. Should I wait for a court summons so I have a case number & file a motion to have it dropped?
I work full time, go to school, & am technically sorta kinda homeless, so this is a huge PITA. Thinking it might just be easier to pay it...
-------------------- UNDO YOUR DOMESTICATION Looking for: ***The Land of the Free*** Ps. caerulipes Ps. cubensis Ps. cyanescens Ps. ovoideocystidiata Pan. cinctulus Pan. cyanescens
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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A phone call might fix it once you have a case number. I'd try that first.
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ballsalsa
Universally Loathed and Reviled



Registered: 03/11/15
Posts: 23,038
Loc: Foreign Lands
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Re: Ask an attorney [Re: Enlil] 1
#27174411 - 01/28/21 11:21 AM (3 years, 4 months ago) |
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How likely is it for robinhood, TD Ameritrade, etc. to get their pants sued off for the market manipulation this morning? How would an investor effected by such go about getting in on that action?
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lifeiswhatyoumake


Registered: 09/30/11
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Psyche delics
Hypochondriac


Registered: 09/24/15
Posts: 3,644
Last seen: 9 months, 15 days
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Is the job field for lawyers as bad as people say it is in 2021? Would you recommend going into law school as a career for someone interested in law.
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