Ask MetaFilter questions tagged with court

Landlord from hell saga continues...

SpicyMustard — Tue, 19 Mar 2013 14:08:00 -0800

Building off of the landlord theme from today...I posted about this 5 0r so months ago. We assembled our paperwork, took advantage of some pro bono consultations, and then filed in small claims. But they were unable to serve her and last week I discovered that she's libeled us on the website www.terriblerenters.com. We're seeking an experienced counsel, but in the meantime need help thinking this through. The background is here

I read this recent post and was hoping someone could offer me similarly helpful perspective.

Our former landlord never provided anything more than PO Box address. Using google and a process server, we found a likely address but the server could not get them to come to the door. So we have an affidavit, which we will take to the court, though I'm not sure it will work.

In the meantime, I googled myself to see if my new job (yay) bio would come up, but instead, five or six entries down, I found a post with our names on www.terriblerenters.com. She essentially printed the charges that she made of our supposed "damages" to her condo. Again, the damages either don't exist or they are wear and tear. Interestingly, the comments under the post say she's out of line.

I am using the local bar association to find a lawyer (and with a job I wound't mind paying for a good consultation) but the last time I met with pro bono counsel, I had studied the state's landlord-tenant law better than he had. So I'm not terribly confident in what we will get for our money.

Should we contact the site first? Steel ourselves to sue her for libel? Are there questions I should be asking a process server if we try again (she may have an alternative address).

This whole situation is really tiring. But I really don't want to give up and let her get away with what she has done. Thank you all in advance.

Have legal fees ever been awarded from a motion that was withdrawn?

doomtop — Thu, 07 Feb 2013 13:54:41 -0800

I am looking for some memorandum of law wherein attorney fees were awarded in a subsequent motion for costs that were incurred in a previous motion that was (involuntarily) withdrawn. Has this ever happened? Bonus points if it's a case in Vermont.

An example of where this might be applicable is when a Defendant delays the case such that the motion is withdrawn due to a time limit being exceeded. If the Plaintiff subsequently were to file a new motion and the Court granted the motions, what basis could the Plaintiff use to request legal fees from the previous involuntarily withdrawn motion?

Does case closed mean it's over?

Anonymous — Mon, 07 Jan 2013 08:23:52 -0800

Someone that lives with my father was arrested for identity theft in Franklin County, OH and went to court last week. Can anyone help sort out the current status of the case based on the Public Records search? The person involved can't be trusted to provide a reliable account. The public records search says that the charge is FALSIFICATION TAKING IDENTITY OF ANOTHER and the event was ARRAIGNMENT /FELONY. The status is CLOSED and the disposition code is DISMISSAL. I've done some searches online, but can't tell if this means that it's over and this person is not being charged, or if it was moved up to some higher court. The docket info for the court date says:
01/XX/2013 FELONY INITIAL APPEARANCE SHEET
ARRAIGNMENT FELONY
01/XX/2013 DISMISSED

henceforth he's to be referred to as dungbeetle

anon4now — Sat, 15 Dec 2012 12:29:42 -0800

Issues with supporting a friend in court for divorce My friend I previously asked about will soon be in court for her divorce trial.
Her soon to be ex, has continued to not pay for anything, yet has recently purchased new cars. He's violated her protective order (harassing emails etc) and too many other things to go into.
She does have a new lawyer, and an ex-lawyer friend who has been in further contact with the army.

I'll be sitting in court for the trial next week. I am not on either side's witness list. I do not intend to say anything whatsoever to dungbeetle and his slimy horde.
My questions are:
- can I be called on the stand by him?
- If he or anyone from his side approaches me outside the courtroom, and invades my personal space, what would be an effective reaction? One
plan was to scream "Don't touch me" and backing away. I'm fine with making a scene, but don't want to come across as a nutjob.
- He is certainly capable of approaching me and faking an injury, acussing me of attacking him. Where is the safest place to keep my hands so that I can't be seen as the agressor; in my pockets, behind my back, or?
- If he shows up in uniform, should her lawyer object due to unfair bias to the jury, and probably violation of Army Uniform Regulations - AR 670-1
- any other advice?

Advice about a traffic violation, mandatory court appearance.

Anonymous — Wed, 31 Oct 2012 13:54:31 -0800

How much will this traffic violation cost me? Hey,

Recently I was involved in a minor car accident in Savannah Ga. I'll give you guys any info I feel might be relevant and hopefully someone can offer me some advice on this.

Driving down a one way street, I became confused about the nature of the street and tried to turn. I was on the right hand side of the road. I attempted to turn left onto a different road. There were caution lights at this intersection, and while this might indicate in most cases that this was not a 4 way stop, I have seen at least 1 one 4 way stop in Savannah . I tried to turn left, believing that I was at a 4 way stop and that any traffic I would need to take into consideration would come from the left, right, or from the other side of the street. When I turned, I was side-swiped in the passenger side by another vehicle using the left side of the 2-lane one way street. There were no injuries, and damages to both cars were minor. The other car suffered some scratched paint and had a door dented in. My car lost it's left turning light and suffered some scratched paint and a dent.

We both pulled out of the main flow of traffic. Before doing anything else, I made sure that no one was harmed and that there wasn't a need to call an ambulance. The first thing the driver of the other car did was to tell me that the police didn't need to get involved if I paid him money. I didn't feel comfortable with this arrangement, and when I told him that I didn't have any money, he called the police and was almost aggressive about this. There was no reason for me to leave the scene, but he kind of kept insinuating that I'd be in big trouble if I left and that the police would find me. In a few moments I would have called the cops anyway, since, hey, it's a car accident, that's what you should do, but this guy started making this suggestion before he did anything else. He didn't inquire about my safety, he didn't ask about insurance...it just felt really sketchy.

When the police arrived I was given a ticket, and the officer seemed fairly understanding of the situation. Apparently, the accident I was involved in isn't terribly uncommon. Savannah is FULL of one way streets that switch into 2 lane roads, and then sometimes switch back, there isn't necessarily a good pattern to them. Most of the 2 way streets on my side of town have 2 driving lanes, and most people park their cars facing both directions on one side of the street. So this can make it hard to orient yourself. While I am now familiar with the directions each set of streets runs in, I had just moved to a new apartment less than 2 weeks before the accident occurred, so I was still unsure of what each street did.

While the officer was questioning the other driver, I stayed quiet and said nothing, but I couldn't help but take note that when the other driver described the accident, he stated specifically that he thought my driving behavior was odd, but that he did not make any changes to how he was driving. I am fully aware that I am the one at fault, but I find it very odd that he noted that I was not driving appropriately, but did not slow down or drive more cautiously. When he hit me, he was driving at roughly 30 mph. I had come to a complete stop for at least 20 seconds and had my turn signals on, indicating that I was attempting to turn left.

This kind of violation requires that I appear in court. While my driving record until this point has been pretty strong (I only have one violation from when I was 16) I have had an increase in minor parking violations since I came here. (Much like the 2 way street situation, the parking here can be odd. I'm not being reckless, it's just a case of me not understanding the ways in which this driving environment was different from what I was accustomed to.) These have all been paid off, but I don't know if they will affect anything in this case.

After doing my research, I don't think I'll fight this charge. I made a driving error, and I think to claim otherwise would get most judges rolling their eyes at me. At the moment, I think my best option is to accept the judges fine, and to offer to take an optional driving safety class. That being said, I found the behavior and response of the other driver highly suspicious, and feel that the accident could have been avoided had he responded to what he clearly thought was a strange event with more caution. I'm not sure if this is in any way relevant to how I'll be judged, and I don't even know when I would bring it to the attention of the judge.

I tried looking up online how much court costs will be, and I also called the court house, but I could find no reliable information online, and the court house employee's told me that they could not tell me how much things would cost until the trial was over. As far as I could tell 3 points will be added to my license, but this doesn't particularly perturb me as I have no others. My hope is that, court costs included, This will be less than $500, because that's really all I am able to afford at the moment. Has anyone had any experience with this sort of thing? I plan to leave Georgia for the holidays right after this happens, and won't be around for the entire month of December. I really, really don't want to put myself in a position where I'm legally required to stay in the state to do anything. If I take the optional driving safety course, can I take it in Colorado? Otherwise...I'm out one plane ticket, and I can't see my family for the holidays.

Any advice or suggestions guys?

Forget Westlaw

helloimjohnnycash — Sat, 13 Oct 2012 10:31:38 -0800

You read a lot of administrative court decisions. Which court has the most user friendly system for searching and finding decisions? Outside the realm of Westlaw and Lexis, which admin courts have the best online systems for organizing their decisions?

Where's my money, auction house?

Anonymous — Thu, 04 Oct 2012 09:36:30 -0800

What additional steps should I take to get money an auction house owes me? A local auction house--think country auction, not Sotheby level but established-- accepted for consignment several antiques I wanted to auction off. I signed the consignment form, which said sold items will be paid for in 30 days.

After 50 days from the date of the sale where my pieces were up, I called the auction house to inquire about whether my pieces had been sold. Yes they had. So I asked about my check. I would get it soon, I was told.

Nearly a hundred days after the sale, I still have not received that check. So far:
--I have visited the auction house personally and asked for the boss to get back to me, which he hasn't done.
--I have called twice, asking that the boss get back to me. He hasn't.
--I e-mailed a friendly reminder. He did respond, saying it wasn't all that long!!!
--I waited a week and e-mailed a polite but less friendly reminder that the money owed was well beyond the contracted date. I cc'd the Better Business Bureau (which had resolved several previous complaints with this business) on the e-mail.
--Now I'm about to send a registered letter giving the owner a week's deadline to mail my check, after which "I will explore all legal avenues to get my payment."

So, Mefites, are there other things I should be doing paper trail-wise and officially? I plan to file a Better Business Bureau complaint. But what paperwork should I be gathering or generating? What other recourses should I pursue? (Attorney General? Small Claims Court? File a theft claim with the police for taking my goods without paying me then profiting from their sale.)

Should I do all or some these things simultaneously if the check doesn't come in a week after I send the registered letter? The money owed is about $600.

What do you do when the collections agency sues you?

feets — Tue, 04 Sep 2012 23:31:16 -0800

What to do when a collections agency is taking you to court and you don't have the money to pay them back? My friend signed up for a recurring monthly service several years ago, thought she cancelled the service, and then moved out of the country. In the meantime, evidently, the service was still charging her and now a collection agency is suing her for a few thousand dollars and has served her with a summons to go to court.

She doesn't have the money to pay the debt -- she earns very little money and has a kid who she supports with no assistance from the father. If the court were to garnish her wages, I don't think she could keep up with basic living expenses.*

What is the next thing she should do? Try to negotiate a payment plan with the collections agency, like $30 a month forever? Go to court and show how broke she is and try to get the judge to create a payment plan? A lawyer would be nice, but how do you afford one when your initial problem is being totally broke? And is there anything else I'm missing?

We are in Oregon.

*It's hard for me to imagine the court would garnish her wages if it meant putting her and the kid out of their house and/or onto state assistance....?

My mother feels defeated by her child support battles

Anonymous — Sat, 11 Aug 2012 13:52:06 -0800

My mother hasn't received child support payments from my father for over a year; I think she's become incredibly depressed about her treatment by the legal system, and has come to believe that no matter what she does, she'll have to bear the full financial burden of raising my sister. Help me inspire her with a rational reason why she should keep trying. Some background: I'm the oldest of two children (myself and my sister), and my parents separated after I had already reached the age of maturity. I haven't spoken to my father since the separation, nor have my mother or sister - to keep it succinct, he was an abusive man, and none of us want to try to "make it work" after the hell that we endured when we were a family.

They divorced not long after the separation. My father didn't get any custody of my sister (as I said, they haven't spoken for years), and my mother got a restraining order against him. My father was made to pay a weekly child support payment - and, loving father that he was, negotiated it down to the state minimum of $49/week. He was also obligated to pay half of all my sister's out-of-pocket medical expenses. Though I was in college at the time, he was not obligated by the court to pay me anything; nevertheless, to let me know how he felt, he cut me and my sister out of his life insurance.

Since mid-2011, he's stopped paying both child support and medical expenses. He owes about a year's worth in back payments, and my mother has had to take on a second job to help make ends meet - my sister has also taken on a job to pay her own expenses. For the most part, both have trouble making ends meet, and my mother lives week-to-week, constantly exhausted and frazzled.

My father hasn't been employed since about 2007, so we've been told repeatedly that there is no way to garnish his wages or find out what he earns. He moves from place to place - I know he lived with his brother briefly, and he also lived [illegally] in the empty rooms of a hotel. I think he lives with a friend now, but I really don't know. My mother thinks it's possible that he has been earning money under the table somehow, this entire time, and that he's deliberately concealing it from us so as to avoid paying child support. This is possible, but, of course, also just speculation.

A few months ago, my mother took my father to Family Court for non-payment of child support and medical expenses. The court ruled that he was "willfully disobedient" of the divorce order, but had no set penalty in place for willful disobedience (which infuriates me, but the law is the law), and asked my mother to select the penalty. She asked her lawyer for probation, but - for whatever reason - her lawyer stood and asked that "no penalty be assessed."

This launched my mother into a deep depression. She is noticeably more apathetic about everything, and even though her lawyer advised her to just "go to court a second time" she doesn't think it would be worth the grief. She now believes that, even if my father were placed on probation, my sister would probably still never receive the child support she's owed. I think she firmly believes that, just like during their marriage, my father will continue to evade responsibility and face no consequences for it.

I have a suspicion that there are probably more ways for my mother to recover these child support payments than she sees, but she has simply become too enervated by this entire experience to keep trying. I too am at a loss as to what to do, and am forced to agree with her that, even if the 'penalty assessed' had been jail time, my father would probably still be able to successfully shirk these payments.

I know none of you are "a" lawyer or "my/her" lawyer, but at this point, I just need a convincing reason that would inspire her to meet with her lawyer. What other avenues to recover this money might she even have? Are we screwed?

(Also, we're in New York state, if that helps)

Best format for court filings?

StickyCarpet — Wed, 11 Jul 2012 15:36:23 -0800

Best text formatting for legal filings? This appeared a while back I think, but I can't find it. It was someone's preferred fonts and formats for filing legal papers -- with the petitioner and the respondent on the left, the document description on the right. Court and judge up top, etc. Someone had a not exactly typical, but typical enough, classy layout. What was that, or what do you recommend for the papers I'm filing? Civil court, NYC, ordinary filings to the judge.

I was caught speeding at 97 in a 75... What can I do to get out of it?

snow_mac — Sat, 23 Jun 2012 11:44:23 -0800

I got clocked at 22 over the speed limit. The court date is September 10, the cop told me if I pay within the 20 days, they will drop it from 6 points to 4 points. Should I appear in court? What can I do to reduce this ticket? Will they reduce it if I go to court? How much will this raise my insurance? About me: 23, never had a ticket before this, pulled over once before and given a warning. The ticket is $250.

How to plead not guilty for trespassing?

WStraub — Sun, 10 Jun 2012 22:29:31 -0800

Advice on how to plead not guilty for trespassing (in court)? Hey,

Thanks in advance for any advice or information you can offer.

I received a ticket for trespassing a few months ago, and have a court date coming up on Monday. I am seeking advice on how, if at all possible, to get off without a fine or community service (or worse).

Basically, the situation is as follows: there is a section of industrially-zoned waterfront in Greenpoint, the part of Brooklyn where I live. A lot of it is abandoned and in disrepair (falling-down fences, garbage and debris, etc.) and a lot of people—myself included—have taken to hanging out there and watching the sunset or whatever.

One afternoon, a friend and I were hanging out in an area that is accessed by passing through a fairly large hole in a chain-link fence. This was somewhere I had been before, and I see people there all the time. It had never occurred to me that it was trespassing (though in hindsight it seems obvious) until two policemen pulled up and beckoned us over...with a siren. We both got tickets for trespassing with court dates already listed. It was pretty undramatic, but the cops seemed very uninterested in letting us off with a warning, even though we were polite and had just been soberly and quietly hanging out. I pled not guilty on mine, and received a letter saying I still needed to show up in court. So here I am, seeking advice on how to get off the hook.

Possibly relevant information:

— There wasn't a "No Trespassing" sign posted
— In fact, there was a sign that said "No Swimming", among other things, posted inside the fenced-off area where we were (potentially this could be leveraged as an indication that the area wasn't totally off-limits?)
— The fence through which we passed is in pretty sketchy condition, and therefore (possibly) ambiguous as a marker of something off limits. A few yards over, it's completely folded over and falling down into the water. Basically, it's no fortress... and there's no barbed wire. When we expressed confusion at the fact we were trespassing, the cops said "You passed through a fence...the fence means you are supposed to stay out" in response.
— As I said, people hang out here all the time (though I am not sure that helps my case)
— I have a clean record, but I'm not an American citizen (I'm Canadian, here on a student visa)
— I was reading up on trespassing law, and apparently "A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises." (here) I am wondering whether I can somehow persuade them that I wasn't aware I was trespassing, and therefore be not guilty?

Anyway, again, any advice you can offer is much appreciated. Ideally, I'd like to get off the hook entirely, but a fine wouldn't be the end of the world. Some sort of misdemeanor or whatever on my record might be a bigger problem.

Thanks in advance!

Is it legit that I should go to small claims court?

modoriculous — Wed, 16 May 2012 10:13:48 -0800

I've been asked to testify at small claims court for a car accident I was in 3 years ago in which another person was at fault. Is this normal? More inside. I've never had to do anything like this. A paralegal from a Boston law office sent me a letter telling me I need to go to court in a week.

Basically, 3 years ago I was leaving the parking garage at work and was hit by a reckless driver. It was their fault. My insurance company covered the cost of fixing my car and I thought that was the end of it. Now I get this letter a few days ago saying that the damages that the person at fault owed were never paid by their insurance company and I have to go in to testify.

Is this normal? I just don't know because I've never had to do it before. The paralegal said I'm "contractually obligated" and that I must contact her within 24 hours to tell her whether I can make it or not. I'm also calling my car insurance agent to ask them about this. The paralegal told me that basically it wasn't an option for me not to go.

Modernism via Bus.

PinkMoose — Wed, 09 May 2012 21:44:01 -0800

How easy is it to use public transportation to get from Frank A. Sedita City Court to the Albright Knox on a Friday Afternoon. I am going to be in Buffalo, and the two things I want to see are the Frank A. Sedita City Court and the Albright Knox, they seem very far apart, and the google transport directions seem wonky.

How Many Freaking Trips to Ulster County I Gotta Make???

Quisp Lover — Tue, 03 Apr 2012 20:15:36 -0800

Can (NY state) traffic court simply reschedule your trial if a cop fails to show at the hearing? Drove all the way to Ulster County to protest a speeding ticket. We waited 40 mins for the cop, who never showed. The judge finally said "adjourned", and told us we'd be notified of a rescheduled date.

Huh? I thought if the cop doesn't show up, the case is closed!?!

How does attending a U.S. Supreme Court oral argument usually work?

ochenk — Wed, 28 Mar 2012 09:32:20 -0800

How does attending a U.S. Supreme Court oral argument usually work? In relation to this week’s Supreme Court hearings on health care, I’ve seen a few stories about those waiting in line for days to see part of the arguments.

Does anybody know what it’s like to wait in line for “normal” (i.e. non-high-profile) cases? The Court has a page on its website about attending an argument, but there’s nothing there about when you really need to show up in order to get a seat, or how many seats are available, or things like that.

Does anyone have any experience in seeing arguments? For a non-headline case, when would I need to show up? Does it always fill up? Any other tips on getting a seat? Are there any options to reserve seats through tour groups?

I know you can hire someone to stand in line for you, but you have to tell them when to start, and I have no idea when that would be. (Plus, I think I’d rather stand in line myself.)

Thanks!

Did Stieg Larsson describe a Swedish trial accurately?

HiroProtagonist — Tue, 20 Mar 2012 19:03:45 -0800

Does the description of the trial in the book "The Girl Who Kicked The Hornet's Nest" accurately reflect Swedish court procedure? A couple of things seemed odd to me: 1) During the cross examination of a witness, the defense counsel asks other witnesses for input or explanations of what the original witness has testified. 2) Defense objects that the prosecution has had access to documents denied to the defense, but later produces evidence that the prosecution obviously did not know existed.

Are these bloopers by the author, or is the depiction of the trial plausible in a Swedish court?

N.B. I have avoided spoilers in framing the question, please avoid spoilers in your answer.

Help me navigate a debt collection nightmare.

Anonymous — Fri, 02 Mar 2012 12:58:59 -0800

Hive mind, help me navigate a debt collection nightmare. Details inside.
I will first say that yes, I know that if you respond to this question, YANML.
(I am already seeking legal help, but I will not have that opportunity until next week and I value the input of this group)

I’m in the middle of a debt collection nightmare that came to my attention mid last month.

- I live in Cook County, IL

- In February, I was unexpectedly served a Summons and Verified Complaint by an officer who came to my home.

- The lawsuit was filed by a debt collector seeking a judgment for ~$2,000 + court costs and allowable interest for a debt I was not aware of and do not know if it is mine.

- I was able to learn that that the original creditor was a credit card company that I not believe I ever opened an account with. I called that credit card company and was told that they could not tell me anything about the account because it was sold to collections.

- Attached to the complaint was an unsigned photocopy of the ‘original creditors cardmember agreement’. The complaint said it was attached only to support their claims for attorney’s fees and court costs.

- I responded to the complaint by filing an Appearance and an Answer before the deadline last month.

- In my Answer, I simply listed the items within the complaint and indicated that I did not have enough information to Affirm or Deny those items.

- I sent copies of my Appearance and Answer via certified mail to the plaintiff's attorney listed on the Summons.

- I was given a court date for next week and plan to appear. It is Pre Se court, so I will be representing myself.

I have no idea what to expect or what to do next. I really don’t believe that this debt is actually mine and fear the possibility that I might show up to court next week and lose this case just because I don’t fully understand the legal system or what to say to the judge. My hope is that by responding via my answer that “I did not have enough information to Affirm or Deny the items”, that the burden of proof will be on the plaintiff and his attorney. I know that debt collectors will by unpaid debts for pennies on the dollar from credit card companies and then file lawsuits that most people do not respond to (and then lose by default).

Does anyone have any practical advice (besides see a lawyer asap) or anecdotal experience to share that may help me deal with this until I get my legal consultation next week?

Please help me understand this court case (if it is one)

uhom — Mon, 20 Feb 2012 12:28:13 -0800

Please help me understand this court case (if it is one). I have made some attempts to try and find help with the California court noted here but I've been told "that's not us" and am a little embarrassed with my attempts to chase this down. I've also emailed the attorneys and other people involved but they are not responding perhaps due to the controversial nature of the case. What I am looking for specifically here is 1) Is this referred to as a "complaint" or "request" below? 2) What is the status, how could I find out? 3) Does this judge or court have a website, email, or telephone I could use to follow up?

https://law.justia.com/cases/federal/district-courts/california/cacdce/2:2011cv07998/512942/1/

If you're an expert with this sort of thing I also wouldn't mind an explanation as to what the "court description" is on the page above, as well as the "Docket Report" on this page:

http://dockets.justia.com/docket/california/cacdce/2:2011cv07998/512942/

What to do after domestic violence?

Anonymous — Sun, 19 Feb 2012 06:09:58 -0800

My fiance hit me today. I called the police and he's in jail. What am I supposed to do now? Nearly 24 hours after the assault I realize I have no idea what I'm supposed to be doing. Someone called shortly after I returned home to say that court will be held on Monday, and he'll be released after. Am I expected to attend that? Am I supposed to get an attorney?

Just FYI, I have no visible injuries, only some soreness and a lot of damaged property. The police seemed certain he wouldn't be convicted, which isn't very motivating.

I live in Mecklenburg county in NC, USA. I plan to call a more authoritative source eventually, but right now I can't talk about any of this without crying.

Anonymous legal contact help

Anonymous — Mon, 06 Feb 2012 10:22:26 -0800

How can I contact a judge or court anonymously in regards to someone's appeal or release? I was not involved in the tried case, but I feel my experience is relevant and I want to influence this decision. In 1988 I was molested by someone 2 years older than me. I was 11 and he was 13. I never told anyone because I didn't fight him. I was very confused and nervous and scared and let it happen, but it was completely nonconsensual. No one would have believed me anyway and it has affected my life to the present.

I found out in my adult life years later that he was convicted and sentenced for molesting a child. His sentence is about 2/3 completed and I've found through court documents that he may be eligible for early release. Is there any way I can contact the prosecutor or judge to tell them not to do this, that it wasn't a one time thing and there's a history. I don't want any of it tied back to me personally. I would be willing to speak in depth with the prosecutor as long as I knew my identity and situation would never be public. State is Missouri. I'm very emotional over this and want the last 1/3 of his sentence spent for what he did to me.

Faux Lawyer on the Loose

ecourbanist — Tue, 31 Jan 2012 12:59:55 -0800

Any tips on filing (and winning) a case in small claims court in Vancouver? No written contract, but an email trail that should help a judge get the picture: in July 2011 a guy commissioned me to speak at his public event, for a fee and the purchase of 30 books. I hand-delivered the books and did the appearance, but he won't pay the $1,051 bill. (I thought we were close in November 2011 when he finally blamed "bookkeeping issues" for the delay, which I suppose happens when you have offshore companies in places like Surinam, but alas.)

Anyone been through the small claims court system and learned something I need to know?

How to pronounce court cases?

reductiondesign — Sun, 22 Jan 2012 03:06:05 -0800

In court cases in the US, how are case names actually pronounced? For example, Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

"Brown versus Board of Education of Topeka, three-forty-seven you-ess four-eighty-three, nineteen-fifty-four?" Or would this full title never be read like this at all? "Brown and Board of Education?" "Brown against?"

What about things like et al.? Bonus points for district courts, local courts, etc. Super bonus points for other countries.

You are sueing me for what? And who are you to begin with?!

MinusCelsius — Wed, 18 Jan 2012 08:01:01 -0800

[Germany] I got a letter from court that a Pay TV provider sues me for not paying for their services; a 6 months bill worth over 400 €. Problem: I've never had anything to do with this - or any other - Pay TV provider in my entire life. The bill lists my old address, where I have moved out 3.5 years ago after a big fallout with the landlord. I caught him several times in my appartment, always giving weird reasons like "I only wanted to check if all windows were closed". Obviously, I took the next best chance to move out and live at my current address ever since.
In neither place did I have any Pay TV contracts. I have a TV, sure, but I so rarely use it, it would never occur to me to even look into such a thing.
However, it was not too low for my former landlord to call my current one - about a year after I moved out - to claim I don't pay my rent and damage the property. Since I do pay my rent and am generally a quiet and easy going resident, my current landlord just hung up on him and never bothered with it any further, with the exception of telling me about this call.
I don't doubt said former landlord would sink even lower to harrass former residents (I'm not the only one with such experiences; the woman who lived there before me was accussed of running a bordello... in a 2 room appartment in a quiet suburbian neighborhood...) and seeing the Pay TV bill out of nowhere has this old address on it... it smells more than fishy.

My questions are, obviously, what do I do now? This is a letter from court, from a Pay TV company I never had anything to do with, sueing me to pay for a service I never had or wanted. I have no hard evidence that my former landlord is behind this, and no clue what kind of evidence they present. I assume they must have something telling them I ordered random movie and sports channels 4 years ago (actually, that I ordered them right after catching my landlord in my appartment and saying I'll move out, making things even more suspicious to me.) How do I prove I did no such thing? Do I need a lawyer? Could I end up paying for this?

If stopped by the police, what details do I have to tell them about a prior arrest?

Anonymous — Wed, 11 Jan 2012 14:08:18 -0800

If stopped by the police, what details do I have to tell them about a prior arrest? You are not my lawyer.

About 18 months ago I was arrested on controlled substance and weapons charges. For what it's worth the charges were:

-misdemeanor possession of a controlled substance 3rd degree for mushrooms
-misdemeanor possession of a violent weapon in the 7th degree for a dagger that my friend owned that I was completely unaware was A: in the car, or B: illegal
-violation possession of marijuana

After some work my lawyer got them to reduce the charges and I pled guilty to:

-violation possession of marijuana
-violation disorderly conduct

I was told by my lawyer (public defender who I don't really have the ability to get back in touch with) that with this reduction of charges I would not have a criminal record that would bar me from jobs. The only issue would be if I needed to get more federal financial aid, but I already have a terminal degree so I'm not worried about that. I know that if I'm asked on a job application if I have a criminal record, I can say no because I was never convicted of the criminal charges

I also know that my fingerprints and mugshot will always be in whatever computer databases exist for law enforcement and that there will be a record showing that I was once arrested.

My question is:
How much do I have to disclose to a police officer if asked "have you ever been arrested"? For example, back before this happened, I used to have a car, and I liked to drive fast. When I would get pulled over, occasionally the police officer would ask if I had "been in any trouble before" or if I had ever been arrested before. What's the correct way to answer that question now?
Assuming I have to tell them that I have indeed been arrested, if they ask why I was arrested, what do I respond? Do I tell them the actual conviction (non criminal violations), or do I have to tell them the original misdemeanor charges?

I hadn't thought much about this until I had attended a couple of OWS events, and realized that with my history, I may want to step lightly around some of the civil disobedience.

Throwaway email address at:
askmefi12345@gmail.com